at same time your interference under the then circumstances was absolutely necessary; I dare say your disposition of the several Arm'd Vessels after you are fully convinc'd of the Removal of the Ships from your Capes, will fully meet the approbation of Congress. Without the least appearance of Flattery I can assure you your whole Conduct since our Flight is highly approv'd, and happy I am that you Remain'd, many agreeable Consequences have Resulted from it, and your continu'd Exertions will be productive of great good, I must therefore beg you will continue as long as you can tho' I sincerely wish you a happy Sight of good Mrs Morris, but I fear your departure from Philada might occasion relaxation that would be prejudicial. I know however you will put things in a proper way, indeed all depends upon you, and you have my hearty thanks for your unremitting Labours, the Publick are much Indebted to you, and I hope to see the Day when those publick Acknowledgments shall be made you.2. . . in point of Convenience I wish to return to Philada. which brings me to the hint in your Letter. I think Sir, that as the Printing presses are here and set to work, and as money is so exceedingly wanted, and a Removal just at this Time would occasion so great a Delay, that it would not be prudent to think, unless thro' the greatest necessity of a removal at present, nor untill the last of March, by that time I hope we shall be able to return or to fix upon some other place for our Residence that must depend on circumstances. As things have turn'd out I am very sorry we Remov'd at all, and indeed I think we were full hasty enough, it damp'd people much, but your Continuance there and Conducting Business there will give a Spring, and Join'd to the Influence of our Successes will make up for the Flight of Congress." We have not yet had a Representation from New York, Delaware or Maryland, the latter is rather strange. Dear Sir 305. JAMES WILSON TO ROBERT MORRIS.1 CARLISLE 14th. Jany. 1777 Congress see, at last, the Propriety of distributing the executive Business of the Continent into different Departments, managed by Gentlemen, not Members of Congress, and whose whole Time and Attention can be devoted to the Business committed to their Charge. Measures were adopted, when I left Baltimore, for making the necessary Arrangements.2 There is an Office, which, I believe, would be of considerable use to the Public, if properly discharged. I will describe to you my Ideas of it. The Duties of the office should be-to manage all Admiralty Causes, on Behalf of the Continent, in the Courts of Admiralty and Appeal, where the Congress sets-to conduct all Enquiries and Prosecutions instituted 2 See nos. 245, 255, 269, 270, 271, 285, 290, ante. [305] Copied from the original then in the possession of Mr. Stan. V. Henkels of Philadelphia; Henkels, Catalogue, no. 1183, item 100. 2 See no. 298, note 7, ante. by Congress to give his opinions upon such Questions in the civil and Maritime Laws, and the Law of Nations as shall be stated to him, for that Purpose, by Congress, the Board of Admiralty, the Board of Commerce, or the Committee of secret Correspondence-to draw, or reduce to Form, public Instruments, when required by Congress, or the Boards, or Committee aforesaid. Several other Duties naturally fall to his Share, which cannot be enumerated nor comprised under any general Head. The Propriety of the first Article is obvious. I shall suggest one Advantage, that will probably result from it. It will be of Importance that the Laws and Practice of the Courts of Admiralty should be brought, as soon and as well as possible, into a System. By the Intervention of Juries, which are unknown in the Admiralty Courts of other Countries, this is rendered a Matter of much Delicacy and Difficulty. The uniform Practice of one, whose Duty and Business it would be to make the Subject his particular Study, would be of considerable Use. All conversant in Courts know that they receive a Tincture from the Practitioners well as from the Judges. The second Head of the Duty of this Officer is, in my Opinion, absolutely necessary. Enquiries must be had into the management of public Affairs, Prosecutions also must be instituted against public Officers, who are accused of mal-conduct. When a Committee is appointed for such Purpose; it is every Body's Business to manage matters-you know the Consequence-it is no Body's Business. The Friends of the Person accused think themselves, and are thought by others, justified in doing every Thing in his Behalf. It is troublesome-it is disagreeable, without having an official Obligation and an official Justification, to undertake the Task of Prosecutor, to manage the Examination of Witnesses who appear, to direct others to be sent for, who, from the Course of the Testimony, are discovered to be capable of throwing Light upon the Subject, and to take many other Steps, without which the matter cannot be sifted to the Bottom. The Result is, that Things are superficially passed over, without Satisfaction, to the Public, to those who make the Enquiry, or him, concerning whom it is made; provided he has been innocent. An Officer, appointed to manage Enquiries and Prosecutions, on Behalf of the Public, would prevent these Mischiefs. The Third Branch of the Duty of this Officer is by far the most important. I hope the United States will never be involved far in the Maze of European Politics; but it is incumbent upon us to know something of them, even to steer clear of them. Every Letter from our Commissioners at foreign Courts almost every Resolution of Congress about foreign Affairs will bring into View some Principle of the civil or maritime Law, or of the Law of Nations. It is impossible for Members of Congress, however enlarged their Genius, and however extensive their Knowledge may be, accurately to investigate Subjects of this kind amidest the Hurry of so much other Business, which likewise demands their Attention. Treaties are considered, in Europe as a Kind of Science. In our Transactions with European States, it is certainly of Importance neither to trans gress, nor to fall short of those Maxims by which they regulate their Conduct towards one another. All States, as far as I know, have an Office similar to that which I have described. It includes Part of the office of Advocate General, and Part of that of Attorney General in England. If your sentiments upon the subject correspond with mine, you will mention it to Congress. If they agree to institute the office, and no one offers for it better qualified, in your opinion, than myself, I will be obliged to you for proposing me. My Reading and Course of Studies have been such as in some Measure, to prepare me for it. One thing I can engagethat no Pains nor Industry shall be wanting, on my Part, to qualify myself as fully for it as possible. I have expressed myself with all the openness of a Friend to a Friend. I would not mention the Subject, if I did not think it of Consequence. I would not mention myself, if I did not think I could be of Service in this Line. I have not been so unsuccessful in private Life, as to be obliged to obtrude myself upon the Public. You will make such Use of what I have written as your Judgment and your Friendship shall tell you is proper. I am Dear Sir Your very humble Servant The Honble. Robt. Morris Esquire JAMES WILSON 306. FRANCIS LIGHTFOOT LEE TO LANDON CARTER.1 BALTIMORE Jan. 14, 1777. My dear Col. Tho I have wrote pretty fully to Col. Tayloe, upon the present state of our affairs and sent him the papers, which I know you will partake of; yet I cant help saying a word, to convince you, that I can never forget you. Dont you give us credit for our good policy in removing from Philadelphia? nothing else cou'd awaken the whigs of that State to a sense of their danger.2 the lethargy of the middle States was really alarming; thank God! it is removed. Our new Army once well on foot, and all is safe, but I believe, my friend, we must be content with home spun the rest of our lives. 307. THE PRESIDENT OF CONGRESS (JOHN HANCOCK) TO THE MARYLAND ASSEMBLY.1 (Circular) Gentlemen, BALTIMORE Jany. 14th. 1777. The depreciation of the continental currency having been for some time past a most growing evil, it became absolutely necessary to [306]1 Va. Hist. Soc., Lee Papers, IV. 25. 2 See no. 244, note 2, ante. [307]1 Md. Hist. Soc., Red Book, VI. 16. provide some remedy against it. With this view and in hopes of establishing the credit of it, the Congress have adopted and recommended to the several states such measures, as if properly and vigorously executed, will most undoubtedly be attended with success." Sir,2 308. THE PRESIDENT OF CONGRESS (JOHN HANCOCK) TO THE COMMITTEE IN PHILADELPHIA.1 BALTIMORE Jany. 14th. 1777. . The Sentence of the Court Martial in the Case of Colo. Campbell, which was formerly referred to Genl. Schuyler, you will perceive, from the enclosed Resolve, the Congress have again referred to Genl. Gates; who being on the Spot in Baltimore has given his Opinion (a Copy of which I enclose) that the Court Martial acted in an unprecedented Manner, and that Colo. Campbell did not deserve to be cashiered for the Crimes laid to his Charge.. . . . 309. THE SECRET COMMITTEE TO THE COMMISSIONERS IN Paris.1 PHILADELPHIA January 14th. 1777 Honorable Gentlemen I have the Honor to inclose you here a Copy of two Resolves of Congress passed the 19th and 29th November by which the Secret Committee are directed to import Two hundred and Twenty six Brass Canon and Arms and equipage compleat for Three Thousand Horse. You'l observe they are also directed to confer with the Canon Committee as to how many they can provide here of the Field Pieces, but we pay little regard to that part well knowing they will not be able to procure proper Metal for many of them. Therefore I must request in the name and on behalf of the Secret Committee that you will contract immediately for these necessary Supplies and send this out to these States by various conveyances as quick as possible; indeed I hope you may procure [some line] of Battle Ships to come out with them, [and then there] will be little danger of their coming Saf[e]... 2 The resolves of Jan. 14. [308]1 Library of Congress, Papers Cont. Cong., no. 58, pt. II., f. 19. 2 The letter is addressed to "Robert Morris Esqr. and Commee ". Donald Campbell was appointed deputy quartermaster-general for the New York department July 17, 1775. The determination on the sentence of the court-martial had been dragging since July, 1776. See Arnold to Gates, July 14, Force, Am. Arch., fifth ser., I. 340; Gates to Arnold, July 15, ibid., I. 915; Gates to Schuyler, Nov. 10, ibid., III. 607; Schuyler to Washington, Nov. 11, ibid., III. 641; R. H. Harrison to Schuyler, Nov. 20, ibid., III. 780; and Campbell to Congress, Dec. 10, ibid., III. 1149. See also the Journals, Aug. 19, Oct. 16, 1776, and Jan. 11, 18, 29, Feb. 13, 1777. Campbell and Gates were both in Baltimore at this time. See Force, Am. Arch., fifth ser., III. 1509. [309]1 Library of Congress, Stevens Facsimiles, no. 6; Brit. Mus., Add. MSS., Auckland Papers; Wharton, Rev. Dipl. Corr., II. 246. 2 In the facsimile these spaces are blank. The words are found in the text as printed in Wharton, Rev. Dipl. Corr. I have the Honor to be with great regard and esteem, Honorable Gentlemen your most obedt hble Sevt. ROBT. MORRIS, Chairman of the Secret Committee of Congress. P. S. These resolves would have been sent long since but our ports have been Blocked up by the British men of war and the confusion we were put in on the Rapid March through the Jersey, and near approach to this City by the Enemy, put it totally out of our power to forward any dispatches for some time past. Dear Sir 310. FRANCIS LEWIS TO ROBERT MORRIS.1 R. M. BALTIMORE 15 Janry. 1777 I have been favoured with your letter of the 7th Inst. and as it principally related to the business of the Ordinance Board, I am now to inform you that the members who at Phila. constituted that Committee are at present absent, and from the pressing applications of Generals Washington, Schuyler and Col Knox for Cannon, the Congress has appointed Messrs. Haywood [Heyward], Whipple, and Self to that department,' a department that is quite new to us and therefore cannot be executed with the prescision we could wish, especialy as Mr. Paine (the former Chairman) has taken with him all the documents relative to that board. Pursuant to the aforesaid applications, Congress has directed the Committee to procure Ten six Inch Brass Howitzers, forwarded to Tyconderoga as soon as may be, we are therefore of opinion that Mr. Byers be immediately employed in casting those Howitzers, and the Council of Safety at Phila. be desired to agree with him upon the best terms they can, but should Mr. Byers for want of proper Moulds or by other obstructions, be incapable of casting Howitzers, [in] that case he should be employed in casting as many brass Field Pieces as he may be furnish'd with Mettle for that purpose My dear Sir, 311. SAMUEL ADAMS TO JAMes Warren.1 BALTIMORE Jany 16 1777 I observe that our Assembly have made it necessary that three of their Delegates should be present and concurring in Opinion, before the Voice of our State can be taken on any Question in Congress. I could [310] Brotherhead, Book of the Signers (1861), pp. 49, 276; Henkels, Catalogue, no. 1011, item 138. 2 See the Journals, Dec. 24, 1776. Heyward and Whipple were added to the committee on the Northern army, and Lewis to the cannon committee, which is doubtless the committee which is here called the ordnance board. Cf. no. 264, note 4, ante. See the Journals, Dec. 28, 29, 1776; cf. ibid., Jan. 6, 13, 1777. The remainder of the letter is in regard to making contracts for cannon. James Byers. See no. 20, ante, also Pa. Arch., first ser., V. 369. [311]1 Warren-Adams Letters, I. 285; Writings of Samuel Adams (ed. Cushing), III. 346; N. Y. Pub. Lib., Samuel Adams Papers. |