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under agreement with our Commissioners, or one of them at least. The strongest obligations rest upon us, (tho' the inconvenience is great) to make good engagements with the latter, and if the second had been disregarded we might have offended a good and powerful Friend in Martinique who has done many good offices there; or have brought our Agent into disrepute. Among the first Class, I realy believe there are many worthless Men, and I heartily wish we were rid of them. All this is true, and yet I feel the great force of your reasoning, and the many difficulties in the way of providing for them properly and that may be tolerably [ag]reeable to them. It is of some consequence that we all, [in] our several departments, endeavor to smooth this rug[ge]d business as much as possible. When Gen. Con [way] was appointed, I did hope that as he knew most [of] them, and spoke both french and English well, tha [t] [h]e might relieve you from the greater part of this difficulty, for realy the discontented importunit[y] of the greater part of those Gentlem. is too much to be borne un[der] [o]ur various and important attention [**] I will prevail with the Committee for foreign applications to furnish you with the most explicit views of Congress in ev[ery] appointment, as well as with the recommendations under which each appointment was and is made. We have written both to France and to Martinique to stop the furthe[r] flow of these Gentlemen here, and after the letters arrive I suppose we shall have no more. Many of the last Comers, are, I believe, Men of real merit, and if they will learn to express themselves tolerably in English, may be of service to the Army. The desire to obtain Engineers, and Artillerists was the principal cause of our being so overburthened. The first that came had sagacity enough quickly to discern our wants, and professing competency in these branches,-they were too quickly believed. And when our Commissioners abroad (in consequence of directions for this purpose) enquired for those Artists, Military Speculation was immediately up, and recommendations were obtained from persons of so much consideration in France, that the success of our applications then made it quite necessary not to neglect them. And at this moment I am apprehensive that the discontent of many may injure our cause abroad when we would wish it to stand well. As you express it Sir, the affair requires great delicacy in its management, as well on the account of our own Officers as on that of these Foreigners.

8 See especially the letters of Silas Deane, in Wharton, Rev. Dipl. Corr., II. One of the agreements between the commissioners and certain French officers is ibid., II. 269. See also Deane to the committee of secret correspondence, Dec. 6, 1776 (ibid., II. 218-221), Franklin to the President, Jan. 20, 1777 (ibid., II. 251), the letters of Franklin and Deane, Mar. 12, May 25 (ibid., II. 283, 322), Franklin to Washington, June 13 (ibid., II. 340), Lovell to Washington, July 24 (ibid., II. 366), and Franklin to Lovell, Oct. 17 (ibid., II. 411). Lovell's letter of July 24 is also found post (no. 559). 4 See the Journals, May 13, Deane to the committee of secret correspondence Nov. 29, 1776, and editorial note in Wharton, Rev. Dipl. Corr., II. 202. See also no. 700, post.

Dear Sir

502. JAMES LOVELL TO HORATIO GATES.1
PHILADA. May 22d. 1777

The strange delays of Mr. Yancey here, greatly mortifying to him, have drawn me on day by day from an earlier acknowledgment of your favor of Apr. 29th.

Indeed, I could not have related to you, before this time, any interesting decisions concerning such matters as have been moved in Congress connected with Tyconderoga.3

Misconstructions of past resolves, and consequent jealousies, have produced a definition of the northern department; and General Schyler is ordered to take the command of it. The resolve also which was thought to fix Head Quarters at Albany is repealed.*

It was said you now look upon yourself in the same command which he had held. This was universally denyed to be the Intention of sending you to Tyconderoga to take the command of the army there. The Debate in March was about the Adjutancy or Tyconderoga; and it was decided for the latter. In the present Debate I acknowledged it was my hope and wish, at the time you went, and still continues to be, that the officer who is at so very important a post shd. not be under the absolute orders of another at 100 miles distance, in treaty with Indians or busied in the duties of a Providore. This Idea was supported by several; and it is, of itself, an irrefragible argument of the impropriety of distributing America into departments. A commander in-chief and Commanders of the separate armies is the only distinction which should be known. However, this was contrary to our Journals. Besides, the army at Ty- and the force at Stanwix etc. etc., at a distance were looked upon as different subjects; tho it appears you have other ideas than those had who directed your destination. No single debate has been more tedious with us;-having lasted whole days and being finally settled 5 to 4 and 2 divided."

Your dating from Albany' is counted by some irreconcileable with the order to repair to Ty- I am sorry your letter to the President and that to myself did not arrive 1 hour ear [lier,] or, had not arrived at all.® . . . .

Sir:

503. THOMAS BURKE TO THE GOVERNOR OF NORTH CAROLINA (RICHARD CAswell).1

PHILADELPHIA May 23d, 1777.

Since my last we have made no progress in the business of Confederation. A difficulty occurs, which, I fear, will be insuperable: that is

[502]1 N. Y. Hist. Soc., Gates Papers, VIII.

2 James Yancey, deputy commissary-general.

* See nos. 461, 466, 472, 483, ante, 504, 511, 515, 517-520, 553, post.

* See the Journals, May 22.

5 See the Journals, Mar. 25. Cf. ibid., Feb. 20, May 15.

• Concerning the vote of "5 to 4 and 2 divided" see nos. 515, 568, post.

7 Presumably Gates's letter of May 2. See the Journals, May 10.

8 For the sequel, see nos. 517, 519, 520, post.

[503] N. C. State Recs., XI. 476.

how to secure to each State its separate independence, and give each its proper weight in the public Councils. So unequaled as the States are, it will be nearly impossible to effect this; and after all it is far from improbable that the only Confederation will be a defensive Alliance. Nothing of importance has been determined in Congress, except what is merely executory.

P. S. In one of my letters I believe I mentioned that Georgia was of no use in Congress but to vote with Connecticut. This was owing I believe to this circumstance, only one Delegate was then present, who is by birth a Connecticut man. Since then a Mr. Walton has given his attendance, which was before interrupted by illness; and I perceive that Georgia is now frequently divided when any question relates to Colonial politics, so that these two Delagates are of different principles or different judgments.

504. THE NEW YORK DELEGATES TO THE NEW YORK COUNCIL OF SAFETY.1

Honble. Gentlemen

PHILADELPHIA, May 23d, 1777.

. . General Schuyler is fully reinstated in his command, every point being adjusted entirely to his and our satisfaction. This business, with which more than the reputation of our State was so closely connected, required address and great attention, for reasons which the General, who delivers this, can explain.2. . .

We are with the utmost regard,
Honourable Gentlemen

Your most obedt. humble servants,

PHIL. LIVINGSTON,
JAS. DUANE.

P. S. Mr Duer is stept out, and the General mounting, which prevents his signing this letter.3

Honble. Council of Safety for the State of New York.

505. WILLIAM PACA TO THE Governor and COUNCIL OF MARYLAND.1 Gent.

Yesterday the Alarm Gun was fired and to Day an Express informs us of ten Sail coming up the River: a fifty Gun Ship-the Roe

2 See no. 488, note 6, ante; cf. nos. 507, 528, post.

3 See nos. 380, 384, ante.

[504]1 N. Y. State Lib., Minutes of the Council of Safety, V. 131 (copy); Jour. N. Y. Prov. Cong., I. 953.

2 See the Journals, May 15, 22; also nos. 453, 461, 472, 483, 495, 502, ante, 511, 515, 517-520, 553, post.

8 This statement, coupled with that above, that Schuyler was to be the bearer of this letter, indicates that he was then about to take his departure from Philadelphia. He did not, however, leave until May 28; for, in a letter to Jay bearing date of May 28 (Correspondence of Jay, p. 137), Duer says that "General Schuyler expects to deliver this letter in person". See also the newspaper extract given under no. 568, note 5, post. [505] Md. Hist. Soc., Red Book, ÏV. 108.

buck of forty four Guns―a Frigate-four Tenders—a Brig and two Pilot Boats The Gondolas are gone down-The Congress has adjourned to go down in Barges to see the Sport.2

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Congress took up Capt Nicholsons affair and were unanimously of Opinion he had not made the Satisfaction he ought to have made and on Examination of the order from the Marine Committee with Respect to the impressed men they found that Committee had acted very unwarrantably in explaining the Resolve of Congress on that Subject in such a narrow limited sense Congress meant every man to be discharged without any Discrimination of such as subscribed the article [s] and took the Bounty and the Resolve was full and explicit to that Purpose The Marine Committee were severely handled for presuming to explain at all the Resolve but the more reprehensible for giving a Sense to it which might have defeated the whole Design of it. Mr. Carroll and I were directed to prepare a fresh Set of Resolutions We did so one of which declared Capt. Nicholson dismissed from the Command of the Virginia frigate for not making that full Satisfaction to the Governor and Council of Mayd which by a former Resolve of Congress he was ordered to do: a second Resolve restored him to his Command on his explicit Disapprobation of his Letter: and a third Resolve ordered the commanding officer of the Frigate to deliver up every impressed man who should now be considered such by any Persons the Governor and Council should send on Board for the Purpose of making the Enquiry; these Resolutions would have passed unanimously but Mr. Lewis coming up and assuring us of his having Conversation with our Council who declared they would be satisfied with the Concessions which were contained in Nicholsons first Letter and which were satisfactory to the Governor and Mr. Lewis further assuring us that Capt. Nicholson had wrote a second Letter in Consequence thereof and discharged every man who did not chuse to remain We have been induced from these assurances to postpone doing any thing in the matter till we hear further from you on that Subject. Mr. Lewis further says that Capt. Nicholson is about joining the Virginia armed Vessels with an Intent to attack the Man of War in the Bay. I can with pleasure inform you the Congress shewed a determined Spirit to give full Satisfaction on both points and I am confident they would have dismissed Capt. Nicholson without Hesitation if we had not proposed to restore him on his explicit Disapprobation of his Letters which was the Satisfaction you in your's to him demanded: you may be further assured Capt. Nicholson had not even an Intimation from Congress or Committee to impress: I am surprised that Mr. Rumsey who was on the Marine Committee approved of the Explanation they gave the Resolve to discharge the impressed men: Mr. Middleton who was also a Member of that Committee told Congress

2 On Saturday, May 24, Congress merely met and adjourned.

3 See nos. 468, 469, 470, 474, ante. Richard Henry Lee wrote to Samuel Purviance, May 13: "It gives me great pleasure to hear of Capt. Nicholson's reconciliation with the Government, altho' it is not yet announced to us in form." (A copy of this letter, from the original, is in the possession of the Carnegie Institution of Washington.) The Journals contain no record of a discussion of the affair at this time.

he opposed it in the Marine Committee as an illegal assumption of Power: as the Question was agitated there how could our friend Rumsey suffer such a Thing to be done? You'll be pleased to let us have a Line from you as soon as possible. . .

PHILAD. Saturday 12 oClock

24-May 1777.

[P. S.] .

506. RICHARD HENRY LEE TO THE GOVERNOR OF VIRGINIA.1

My dear Sir,2

PHILADELPHIA, May 26, 1777.

But the truth is sir, that certain evil disposed men hate me, partly for the same reason that I am devoted to destruction in the enemies' camp, because I have served my country with unremitting zeal and industry, and in concert with other generous friends to human liberty and the rights of America, have gone far towards defeating our enemies, and raising America triumphant over its cruel vindictive, and determined foes. But it seems there are two other charges equally futile and false; the one that I have favored New England to the injury of Virginia. The other that as a Member of the Secret Committee I objected to their proceedings being laid before Congress, meaning to insinuate that I wished to conceal embezzlement of the public money! The wretch who carried, or sent this last account to Virginia, knows perfectly well, that my total abstraction from every commercial concern, renders it impossible that I can propose any kind of good to myself from trading business of any sort. But I have a strong belief that a change is wished, in order to remove obstruction feared from me, and to prepare the way for the execution of private plans, in which the public will not be gainer. The affair alluded to, is, I suppose, a very inconsiderate motion made at Baltimore for the secret committee to lay all its proceedings before Congress. I observed, that so extensive a motion defeated the very end for which such a committee was appointed, and might expose to danger valuable cargoes that should be coming in, or might be going out, particularly the former. The motion was narrowed, and even as it was agreed to Mr. Morris, the chairman of the committee, who was here at the time, did by letter so convince the Congress of the impropriety of the order as it passed, that nothing more was said about it.* We did indeed expect at that very time the arrival of the valuable stores that have since come in. The charge of favoring New England is so contemptibly wicked, that I can scarcely bring myself to the trouble of refuting it, or to trespass on your time to read my observations on it.

3

[506] Henry, Patrick Henry, III. 73; Letters of Richard Henry Lee (ed. Ballagh), I. 297; Am. Phil. Soc., Lee Papers, I. 211; Va. Hist. Soc., Lee Transcripts, V. 57.

2 For the circumstances which gave rise to this letter, see Henry, Patrick Henry, I. 523. Cf. Jefferson's Writings (ed. Ford), II. 128. See also nos. 539, 547, post. 3 The order to the secret committee is found in the Journals, Jan. 17.

4 Robert Morris remained in Philadelphia while Congress was at Baltimore. See no. 245, ante.

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