to have particular Instructions relative to some Heads which I shall Inclose to you to be laid before the assembly. One thing now embarasses me very much. it is this. Whenever any Matter wherein the Jurisdiction or authority of Congress is contested is debated, it is usual to lay it over undetermined. by the rule of secrecy you know, Sir, I am not at liberty to communicate anything before it is determined and therefore cannot Consult the State upon it. in these cases all our time is lost, for nothing is entered on the Journals, and nothing therefore can give Testimony hereafter that such points were contested, and even reject[ed] by a majority as is indeed the usual case. Relative to the measures Intended to be pursued by Congress I have nothing new to add. they are Endeavouring at a foreign alliance, and have some hopes of success. they will Increase as much as possible their Naval Force, and are using every Endeavour to recruit a strong army to take the Field early in the Spring. their Endeavours in this respect will be ineffectual if not earnestly seconded by the States. I have no doubt Sir of your most particular attention to this Important object. I am often suggesting to Congress that the Civil Power of the States is the best Instrument for calling forth their Proportion of Exertions in this or any Cause, but they hear with reluctance any thing that looks like the Interposition of such a Power in Military affairs, tho' no one will venture directly to oppose or reject it. I need not repeat to you my own Thoughts on this subject. you have often heard me deliver them. I have not yet altered my Opinion. With respect to Intelligence I will enclose you the papers and anything not contained in them I will subjoin.

I enclose you an abstract of the Debates in Congress on every Question of any Consequence that has been determined in Congress since my last. By these you will see what has been decided, and why. You will from them also better Judge of the various Opinions, or rather the fluctuations of Opinion in Congress. this is an Evil from which nothing but experience, and a better Constitution of Congress can deliver us. my own Opinions, being those in which my Country is particularly Interested, I wish her to be fully informed of. I shall submit them to you Sir as her principal Guardian, with all the simplicity of unadorned Truth, and when they are reprehensible I wish them to be reproved, that the public servants in this Department may better learn their Duty, and that I in particular may be Instructed not to give the sense of the State in a Manner which she may not approve. The last Matter in the abstract will shew you that even thus early, men so eminent as members of Congress, are willing to explain away any Power that stands in the way of their particular purposes.* what may we not expect some time hence, when the Seat of Power shall become firm by Habit, and men will be accustomed to Obedience, and perhaps forgetful of the Original principles which gave rise thereto. I believe Sir the Root of the Evil is deep in human Nature. its growth

Cf. Burke's abstract for Feb. 27 (no. 387, ante).

See Burke's abstract of debates on the question of adjournment, Feb. 26, 27. (nos. 384, 387, ante).

may be kept down but it cannot be entirely extirpated. Power will sometime or other be abused unless men are well watched, and checked by something which they cannot remove when they please.

Our expenses here Sir are incredible. every Horse is ten Shillings a Day, and every thing else is in proportion. It is now the 19th of March and since our arrival in this City we have done nothing. we had barely a Congress for a few days last week, but none this week yet." the few members in Town are closely engaged in Committees, and what I write is done in the time when other People are asleep. You will therefore not wonder, should you find it very Incorrect.

There are letters from Doctr. Franklin in France of the 10th of december. they represent a War in Europe as certainly iminent and we have received very particular marks of the Favor of the French Court, which I am not at liberty to disclose."

You will see a Resolution in the Papers recommending to the States to assess Blankets for the soldiery." This is absolutely Necessary, because such things can not otherwise be had in our State. . .

Tis probable, Sir, the Assembly may make choice of some more able men to serve in this Department. I should be very far from deeming it an Injury to me, and I am certain it could be none to the State. I have resolved very early in this Dispute to decline no service that my country require me to perform altho almost all offices are equally out of my way, and none are desirable to me. But if the Assembly shall think proper to direct me to continue in this Department, I hope I may be allowed to return to my private affairs for a few weeks in the Summer. if I have this permission I promise Sir that I will not avail myself of it to the delay or prejudice of public Business.. . . .

401. THE PRESIDENT OF CONGRESS TO THE NEW YORK DELEGATES.1 PHILADELPHIA March 11th. 1777

Congress Chamber

Resolved as the Opinion of the Representatives of Eight of the United States now Conven'd at the State house in Philadelphia, that the critical State of our Affairs requires the immediate Meeting of Congress, and that the President be, and he is hereby Requested to Send a Message by Express to the Delegates of the Delaware State, and another to the Delegates of the State of New York desiring their Attendance in Congress, that for want thereof the Business of the Continent may no longer be delay'd.2

5 The letter in N. C. State Records reads: "Since our arrival in this city we have done very little in Congress. Untill within a few days We had no Congress, and now we have but nine States." See no. 401, post, and cf. the Journals, Mar. 17, 18.

6 Cf. no. 409, post.

7 See the Journals, Mar. 12.

8 The manuscript from which these extracts are printed ends here, but in N. C. State Recs. are two brief additions of Mar. 22 and 24, and a further postscript of two lines, written after Mar. 26.

[401] N. Y. State Lib., Revolutionary Papers, IX. 187; Jour. N. Y. Prov. Cong., II. 409.

2 See nos. 392, 395, 399, 400, ante.

Gentlemen

In Consequence of the foregoing Resolve, I am most earnestly to Request you will be pleas'd to give your Attendance in Congress at this place as speedily as possible; our affairs require immediate Attention, and it is absolutely necessary there should be a full Representation. I therefore hope to have the pleasure of Seeing you here immediately I am much hurried, can only Add that I am with much Esteem,

I wrote you the 16th. 31st Janry. and 18th. Febry. addressed to the President, since which I have been honoured with his of the 13th. Febry. directing several articles to be purchased out of the Montgomery's Prizes for the use of the State, which, it was not in my power to execute for the following reasons vizt. upon an application of Congress setting forth, that as several hundred Recruits for the new Battalions were daily comming into this town from the States of Virginia, and Maryland in order to reinforce Genl. Washingtons Army, and these being destitute of proper Cloathing etc. it would be absolutely necessary that the several articles captured by the Montgomery and suitable for the Soldiery should be applyed here, and requested my assent, which I perremptory refused. The next day it was moved in Congress that an order should Issue appointing four persons to appraise all the Woolen and linnens etc. suitable for the Soldiery captured by the Montgomery armed Vessell. upon the motions being read I objected to the proceeding as partial, and gave the following reasons, that as the property was on condemnation vested in the State of New York, together with the Captain and Crew, of the Montgomery, and that the latter insisted upon having their property dissposed off in the customary manner at public Vendue, and urged the evil that might attend such a precedent, especially as I had directions from your Convention to purchase those Articles and forward them to you for the Cloathing your Troops, who they (the Congress) well knew that the State of Nw York in its present circumstance had no port open through which they could introduce any supplys; but maugre all my objections the Question was put, and carried nemine Con. for the motion, and four

1402] N. Y. State Lib., Revolutionary Papers, IX. 126; copy, signed by Lewis, ibid., V. 21; Minutes of the New York Council of Safety, VIII. 138 (copy); Jour. N. Y. Prov. Cong., I. 858, II. 396.

2 See nos. 312, 329, 363, ante.

Gentlemen of this Town appointed appraizers;3 The Members of Congress having left this a few days afterwards by adjournment to Phila, the appraizers when met, declared themselves inadequate to the appointment, being totally unacquainted with the value of those goods, which together with the Capt. and Crew's opposition to that mode, produced an agreement between the Parties that all should be sold at Auction except the Woolens and course Linnens, which the Congress was to take at the Rates of a dollar Curry for what cost one shilling sterling, for the Woolens; and 4/6 p yard for the course Linnens. the rest of the Cargo that sold at Vendue I compute upon an average went off at abt. one thousand p Cent. as a specimen, yard wide Irish Linnen that cost 2/8d. p yd sterling sold for 24/ Currency p yd. a dollar is a 7/6. Cordage Sold at £14 5/11.

I forgot to mention that in answer to my arguments against the motion, Congress availed themselves of a letter from General Washington advising them that the Convention at Fishkill had there stopped (as I think) thirty six Waggons laden with Cloathing for the Army immediately under his Command. he says "indeed I cannot blame them knowing their distressed situation however of this a handle was made to obviate my objections.*.

Our State being still unrepresented in Congress, it was thought necessary I should remain here a few days longer to transact some business in the Marine department. in that time I shall get the sales of the prizes etc. compleated and set of for Phila. from thence transmit you the Accots; please to furnish me with your directions in the disposal of the net proceeds, and permit me again to remind you of having our State represented in Congress it has suffered by the omission." I am respectfully Gentlm.

Your very Humble Servt

F: LEWIS

403. THOMAS BURKE, ABSTRACT OF DEBATES.1

PHILADELPHIA [March 14?] 1777

There was a Debate on the subject of Retaliation soon after the arival of the Congress at Philadelphia, occasioned by a suggestion of General Washington that our circumstances made it impolitic to use such Language.

the Enemy have a superiority over us in captive officers at least

See the Journals, Feb. 25, 27. The Journals contain no record concerning this matter on Feb. 24, the day on which, according to Lewis, the application was made. Feb. 27 Congress appointed three appraisers for the purpose. The resolution of Feb. 25 had authorized the board of war to appoint appraisers. See further, no. 441, note 2, post. The letter of Washington here referred to is no doubt that of Jan. 26, Writings (ed. Ford), V. 203, (ed. Sparks), IV. 298. The letter is in reply to Hancock's letter of Jan. 18, ante.

5 See no. 406, post.

[403]1 N. Y. Pub. Lib., Emmet Coll., no. 1162.

six to one, that there is still subsisting an agreement for exchange which the resolutions of Congress for retaliation might violate.2

Some extraordinary Opinions were thrown out by Mr. Loval and Doctor Weatherspoon, tending to the Doctrine that we were bound by no such agreements no longer than we found them convenient. Several Gentlemen denied this Doctrine, but maintained, that the Enemy's treatment of General Lee was an infringement on their part, and the agreement was therefore become void. North Carolina vehemently opposed the Doctrine alledging that it violated all public Faith, and was in a word declaring to mankind that we ought never to be trusted. that it was good policy even abstracted from all moral consideration, to keep inviolate the Faith of Nations, because on that alone was founded all compact between them. that to a young country the reputation of Fidelity was as Essential as that of Immaculate chastity to a young Beauty the smallest blot in either must sink the subject for ever in the Estimation of mankind. that if the Cartile (which he was not enformed of) was violated by the Resolutions of Congress, he was clearly of Opinion that they ought to be rescin[d]ed. the Debate now turned on the Question whether the Treatment of General Lee was an infringement. the Facts produced to prove it were the confinement of the General under Custody of the Provost at New York, and the Evasion of General How to the Question whether he should be considered as a prisoner of War or not North Carolina was of Opinion this did not amount to a Direct Breach, but that a Catigorical answer ought to be demanded and the Enemy informed that a refusal would be deemed a Breach, but that all farther proceeding was premature. the Congress were of a Different Opinion, and it appeared some days. afterwards that General Washington thought of it in the same manner with the Congress.

404. JOHN ADAMS TO NATHANAEL GREENE.1

[March—, 1777.]2

You ask why General Lee is denied his request. You ask, Can any injury arise? Will it reflect any dishonor upon congress? I do not know that it would reflect any dishonor, nor was it refused upon that principle. But congress was of opinion that great injuries would arise. It would take up too much time to recapitulate all the arguments which were used upon occasion of his letter. But congress was never more

.2 The letter of Washington to which Burke alludes was that of Mar. 1, supplemented by a letter of Mar. 6. Both letters were under discussion in Congress Mar. 14. Cf. no. 367, note 3, ante, and nos. 404, 407, post. See also the Journals, Feb. 20, June 9, 10 (p. 449). 3 Cf. Washington's letter to Howe, Apr. 9, Writings (ed. Ford), V. 311, (ed. Sparks), IV. 380. The latter part of the abstract probably relates to the discussion Mar. 24.

[404]1 Works, I. 260; N. Y. Hist. Soc., Collections: Lee Papers, IV. 421.

2 This letter was written in reply to a letter of Greene, dated Mar. 3, 1777 (Greene, Life of Greene, I. 334). Greene was in Philadelphia several days from Mar. 20, therefore Adams's letter must have been written sometime after the 3d and before the 20th.