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465. THOMAS BURKE TO THE GOVERNOR OF NORTH CAROLINA (RICHARD CASWELL) 1

1

PHILADELPHIA, April 29th 1777.

Sir:

An express going hence to Charlestown gives me an opportunity of writing you a few lines, but without being able to communicate any thing interesting.

We have at present in Congress a representation of all the Colonies, altho' the number of Delegates is not very considerable. New York entertains the most virulent jealousy against her Eastern Neighbours, and it is now heightened by an affair which is something embarrassing. The inhabitants of what is usually called the New Hampshire Grants, have attempted to set up a distinct State, and sent Delegates to Congress to claim a seat. New York remonstrated: the new State (called New Connecticut) seemed to be patronised by the Eastern Delegates; but the Congress laid the papers on the table, and I hope will be wise enough to decline any interposition. I am for my own part clearly against assuming a judiciary power. such certainly never was the purpose of our Delegation. As I consider all jealousies as injurious to our common cause, and as laying the foundation of future evils, I use my best endeavours to discourage them; and I endeavour as much as possible to keep our attention to the main business, that of subduing our common enemy. 2

3

The Confederation comes under consideration two days in every week. On this arduous subject you will easily imagine I want the assistance of my Colleagues, and indeed wish it reserved for men more able and experienced than I am. I shall give it however the most attentive consideration, and certainly shall agree to nothing, but on the clearest conviction and most uncontroverted principles. I shall very carefully abstract all the debates of any moment upon it, and every other subject, but particularly upon that, and when I transmit it to you, I will transmit the debates also. At present, nothing but executive business is done, except the Confederation, and on mere executive business there are seldom any debates; (and still more seldom any worth remembering). We have agreed to three articles: one containing the name: the second a declaration of the soyreigntry of the States, and an express provision that they be considered as retaining every power not expressly delegated; and the third an agreement mutually to assist each other against every enemy. The first and latter passed without opposition or dissent, the second occasioned two days debate. It stood originally the third article; and expressed only a reservation of the power of regulating the internal police, and consequently

[465]1 N. C. State Recs., XI. 460.

2 See nos. 428, 431, 445, 453, 464, ante; cf. nos. 524, 526, 532, 533, post. See also Burke's proposed resolution, in the Journals, June 30 (p. 513).

8 Cf. nos. 431, note 6, 434, 442, ante. If Burke made extensive notes of the debates on the Confederation, they have not come to light. See, however, some comments transmitted to the assembly, Nov. 15, and some notes on the Confederation, probably written after the adoption of the articles, nos. 739, 740, post.

22

resigned every other power. It appeared to me that this was not what the States expected, and, I thought, it left it in the power of the future Congress or General Council to explain away every right belonging to the States and to make their own power as unlimited as they please. I proposed, therefore an amendment, which held up the principle, that all sovereign power was in the States separately, and that particular acts of it, which should be expressly enumerated, would be exercised in conjunction, and not otherwise; but that in all things else each State would exercise all the rights and power of sovereignty, uncontrolled. This was at first so little understood that it was some time before it was seconded, and South Carolina first took it up. The opposition was made by Mr. Wilson of Pennsylvania, and Mr. R. H. Lee of Virginia: in the end however the question was carried for my proposition, eleven ayes, one no, and one divided. The no was Virginia; the divided, New Hampshire. I was much pleased to find the opinion of accumulating powers to Congress so little supported, and I promise myself, in the whole business I shall find my ideas relative thereto nearly similar to those of most of the States. In a word, Sir, I am of opinion, the Congress should have power enough to call out and apply the common strength for the common defence: but not for the partial purposes of ambition. We shall next proceed to the structure of the common Councils; and here, I think, we shall meet with difficulties of the most arduous nature. The inequality of the States, and yet the necessity of maintaining their separate independence, will occasion dilemmas almost inextricable. You shall, Sir, know the whole progress of the matter if I can conceive and convey it with sufficient clearness.

Sir,

466. THE PRESIDENT OF CONGRESS TO HORATIO GATES.1 PHILADA. April 29th. 1777.

I had the Honour of receiving your Favour of the 22d Inst. together with the Inclosures and immediately laid the same before Congress; in Consequence of which they came into the enclosed Resolves, to which I beg Leave to refer your Attention."

As the Congress concieved your Dispatches to be of the utmost Importance, they resolved themselves into a Committee of the whole, and having fully considered the Matter, they do not wish that you should retain Possession of that Part of Ticonderoga which lies on the West Side of Lake Champlain, if in your Opinion, the Enemy may be more effectually prevented from penetrating the Country by applying your Force to defend

4 See Burke's proposed amendments to the Confederation, the Journals (ed. Ford), May 5; cf. no. 488, post. [466] N. Y. Hist. Soc., Gates Papers, VIII.; Mass. Hist. Soc., Hancock Letter-Book, VI. 194; Library of Congress, Papers Cont. Cong., no. 58, pt. II., f. 190.

2 See the Journals, Apr. 28, 29. Cf. nos. 472, 473, 502, post.

ing and securing Fort Independance, and Lake George. I have the Honour to be, with the utmost Esteem, in great hurry, Sir your most obedt. and very hble Servt.

Honble Major Genl. Gates.

JOHN HANCOCK Presidt

[P. S.] Please to deliver to the Pay Master the Papers Inclos'd which Respect him.

You will observe the late Adjutant Genl. Mr Trumbull, has resign'd and Congress have impower'd you to fill that Vacancy. it is not the intention of Congress that Mr Trumbull should be reappointed

Dear Sir

467. PHILIP SCHUYLER TO GEORGE WASHINGTON.1

PHILADELPHIA april 30th: 1777.

Inclose your Excellency sundry Resolutions of Congress, which are to be executed, if approved of, by you and also the Quarter Master General and Commissary General's Orders to their Deputies for that purpose; to be expedited or detained as your Excellency shall judge best.2

The Reasons which induced the House to adopt the first Resolutions were founded on an apprehension that if the Enemy should penetrate the Country by Hudson's River, and your Excellency should be under the Necessity to march into Ulster, that you would be greatly distressed for provisions, that part of the Country affording little or none of the Meat Kind, altho' there is great plenty of Flour; not less than 20,000 Barrels as the president of the Convention informs me in a Letter of the 18th Instant: that it did not appear to the House that the Removal of the salted Meat from Derby and the three other places mentioned in the Resolve would put you to any Inconveniency. If you should be under the Necessity of marching into that part of New York on the East side of Hudson's River, Connecticut or the Massachusetts Bay a supply of the Meat Kind can be furnished from or in the two last mentioned States and Flour in or from the former. That the Wheat mentioned in the fourth Resolve should remain where it is to be thence sent into the more interior

3 See the Journals, Apr. 19. The following is from a letter of Joseph Trumbull to John Trumbull, dated Philadelphia, May 6:

"Dear Jack

"I have a Letter from Genl Gates, of 29th ulto. Pr Mr. Yancey in which he mentions to me a Desire of having you back again to him. But He did not know what had been done here, in that affair. After Mr Lovell recd. your last Letter, it was moved in Congress to have Genl Gates directed to fill your place. Doctr. Witherspoon rose and said he had no Objection, in Case he was restrained from appointing Mr Trumbull, on which one of your Friends rose, and said there was no need of a restriction of that kind, as that young Gentleman would not stoop to Accept the Offer if made. this I have wrote to Genl Gates, and I have inclosed to him the Copy's which you gave me, with the above annecdote, and I understand Congress are about appointing Majr. Frazer to that place." Mass. Hist. Soc., C 51, VI. 102; Library of Congress, Force Trans., Trumbull, VI. 102. See nos. 415, 419, ante, and nos. 495, note 2, 502, post. [467]1 Library of Congress, Letters to Washington, XV. 90.

...

2 See the Journals, Apr. 30.

part of the Massachusetts Bay, should the Enemy attempt a Debarkation in any of the Eastern States, and thereby render it necessary to keep up an army in that Quarter. The fifth Resolution was founded on a Conviction that there is a sufficiency of Flour in the District mentioned for the support of the Northern army. These being the general principles on which the Resolutions I have quoted were founded, the other, in a Manner follow of Course: .

468. THE MAryland DelegATES TO THE GOVERNOR OF MARYLAND (THOMAS JOHNSON, JR.).1

Sir

PHILADELPHIA May 1st. 1777

We embrace this opportunity by Your returnd express, to acknowledge receipt of your favor of the 26th Ult. the multiplicity of business before congress made it impossible to dispatch the express sooner than has been done.

We have the honour to inclose your Excy. coppy of the Resolutions of Congress, respecting Capt. Nicholsons very indecent and Imprudent behavior, to yourself and Council as well as his infringmt. on the liberties of the people. we have the pleasure to assure yr. Excellency that Congress were Unanimous in expressing their warmest disapprobation of Capt. Nicholsons Conduct, and that he had not the least incouragement to proceed in this business in the manner he has done, and we are of oppinion he would have been dissmissd the service immediatly, but many Gentlemen thought him a good officer and were willing to believe your Excelly. and Councill would accept of Such Submissions and acknowledgments as he ought immediatly to make.2.

we have the Honour to be yr. Excellcys
Most Obt. hble Sevts,

W. SMITH
B. RUMSEY

P. S. the Enemy have burnt in this excursion the Towns of Danbury and Ridgfield. the Frigates at this place have Impressed Some Seamen, but we have not learnd that any complaints have been made, on that head. therefore this State have winked at this measure and incouraged it from the pressing necessity. Congress, nor even the Marine Committee have ever given any encouragement to this practice, nor we hope will congress ever give any encouragement to their officers to Interfere with the Internal police of any State

[468]1 Md. Hist. Soc., Red Book, IV. 72.

2 See the Journals, Apr. 29, May 1. Most of the correspondence (Apr. 24-May 30) is found in Arch. of Md., XVI. 226, 229, 230, 236, 244, 255, 263, 266. A letter of May I from the marine committee to Governor Johnson, relative to the Nicholson affair, is in Md. Hist. Soc., Letters, 1777. See also nos. 469, 470, 474, 505, post.

3 The reference is to the Danbury raid. See the Journals, Apr. 30, May I.

469. ROBERT MORRIS TO THE GOVERNOR OF MARYLAND

Dear Sir

(THOMAS JOHNSON, JR.).1

PHILADA. May 1st. 1777

I have seen with a good deal of Concern what appears to me an unfortunate dispute between your Excellency and Capt Nicholson in Consequence of his having followed the example of his Brother officers who have for sometime been Impressing men into the Naval Service of the Continent in this Port.

The practice of Impressing Seamen cannot be supported on any other principle then Necessity and I am confident it is as pernicious to the Commercial Interests of a Country as destructive of the Civil Liberty of those Individuals who become its Victims. under these opinions you will readily see I cannot advocate the measure. Nothing but the prospect of great Public advantages to result from a well Manned Navy wou'd have induced me to be silent whilst these things were doing here, but it was properly the business of the Executive power of the State to notice and stop the Practice. they have not interfered and that probably because they saw and considered the force of Necessity. perhaps no great disadvantages might have resulted to the State of Maryld. had you only Checked this business so far as it had come before you by Complaint from Individuals whose particular Situations or Circumstances might have called for exemption and protection. remember I don't offer these as fixed Sentiments or as proper considerations in a settled peaceable Government, because I know they are inconsistant with it but in times of Invasion and War especially such a War as ours, it seems to me that forcing out Militia against their will which I believe to have been much practiced is an equal infringement of Liberty with the Impressing of men for a limited time for the Naval service and it is to be observed that, it has hitherto been the practice at the end of every Cruize or Voyage made by our Continental Ships the men have had their liberty again. in the Britsh Navy they are generally impressed for Life. Thus much in Paliation only With respect to Capt Nicholson he certainly deserves severe reprehension. the terms of his letter are quite unwarrantable and not a single Member of Congress offered to support him. you will see that the Resolves of Congress place him in your power so far as he values his Commission and at present he is at the head of the American Navy but I think the dispute unfortunate because I have been taught to believe him an excellent and Capable officer. the loss of such a one will be a real misfortune to the Continent and yet I think he ought to be dismissed unless by satisfactory submission he attones for the offensive Stile of his letter which I suppose to have been written in warmth inflamed by the Violence of that Species of Whiggism that savours more of passion than true Patriotism. I am told he is of a high Spirit and that it is doubtful if he will make the Concessions he ought. I wish not to be guilty of an improper interferance

[469]1 Md. Hist. Soc., Red Book, III. 27; Arch. of Md., XVI. 236.

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