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the Army; on which a large debate ensued, in which we were supported by all the New England Delegates and Some of the Virginians: On motion being made, it was agreed it should lie on the table and carried by a grate majority. We inform'd Congress that a motion of that sort came with a very bad grace from Maryland who, only, of the thirteen United States had seen fit to make laws directly in opposition to Congress by refusing that their militia should be subjected to the rules and regulations of the army when joynd; And we informed Congress that we had not the least doubt but the first battle they heard of from the North would be fought by Stark and the troops commanded by him . . . . and that I should not be afraid to risque my honor nor my life, they would do as much towards the defence of that part of the country and the common cause, as the same number of any of the troops in that department.

I will leave you, Sir, to judge of our feelings, when the very next day we had a confirmation of what we had asserted by an express from General Schuyler giving an Account of the victory obtained by General Stark and the troops under his command. We believe this circumstance only will make those easy who have been trying to raise a dust in Congress. We are, with the greatest respect, Sir,

Sir

Yr most obedt. Humbl servts.
NATH FOLSOM
GEO: FROST.

610. THE PRESIDENT OF CONGRESS TO GEORGE WASHINGTON.1 Congress Cham. 22 Augst 1777past I oClock P M2

This moment an Express is arriv'd from Maryland with an Accott of near Two hundred Sail of Mr Howe's Fleet being at Anchor in the Chesapeak Bay, a Copy of the Letter brought by Express I inclose you, and to which I Refer you. In consequence of this Advice Congress have

3 See the erased entry in the Journals, Aug. 20; cf. the erased entry Aug. 22. The motion was probably made by Samuel Chase; such is at least the natural inference from Lovell's remark in his letter to Wolcott (no. 607, ante). The other Maryland delegates were William Paca and William Smith. Paca was probably present on the 20th (see his letter of Aug. 19, no. 600, ante), but he left Philadelphia not later than Aug. 22. See the yeas and nays of that day, and also Paca's letter to Governor Johnson, Aug. 24 (dated "Sunday 25 Aug. 1777"), in Arch. of Md., XVI. 344. Cf. Rowland, Charles Carroll of Carrollton, I. 212.

4 See the Journals, Aug. 21, 22, (pp. 663, 665); cf. no. 606, ante.

[610] Library of Congress, Letters to Washington, XC. 273; Letters to Washington (ed. Sparks), I. 429.

2 At seven o'clock in the morning Hancock had written to Washington, acknowledging his letters of Aug. 21, together with the deliberations of a council of war, and enclosing the resolutions of Congress on the subject.

3 A letter from William Bordley to William Paca. See the Journals, Aug. 22 (p. 665, note 2). Cf. no. 607, note 8, ante. A letter from Hancock to Governor Caswell of North Carolina on the same day, transmitting a resolution of Aug. 21 (see the Journals, p. 660), mentions "intelligence from Virginia that the fleet of the enemy were seen near the capes of the Chesapeak on the 15th inst" (N. C. State Recs., XI. 585). See also the New York delegates to the council of safety, Aug. 22, Jour. N. Y. Prov. Cong., I. 51, and Charles Carroll of Carrollton to Governor Johnson, Aug. 22, in Rowland, Charles Carroll of Carrollton, I. 212.

order'd the immediate Removal of all the Stores and Prisoners from Lancaster and York in this State to places of greater Safety.

Congress have this moment come to the Inclos'd Resolution to which I beg leave to Refer you, and, indeed I need not add, as the whole matter is submitted to you. I will not Detain the express only to say that I am with every Sentiment of Esteem and Respect, Sir,

His Excellency General Washington.

Your very hume Servt

JOHN HANCOCK, Presidt.

611. JAMES DUANE TO PHILIP SCHUYLER.1

My dear General

2

PHILAD 23d Augt. 1777

I am now to thank you for your kind and confidential favour of the [19th] Inst.; with the papers transmitted me by Mr Jay they have and shall be seen by those whose good Opinions deserve your Solicitude.

your Conduct in my Judgement wants no Apology: instead of Censure it merits thanks: your Friends in Congress echo this Sentiment freely; your Enemies, relentless and bent on your Destruction would willingly involve you in the Odium of loosing Ticonderoga. The Change of Command was not however founded on this principle but merely on the Representation of the Eastern States that their Militia suspicious of your military Character woud not turn out in Defence of New York while you presided in the Northern Department. So Confident were they in these Assertions and such from your Own representations was the gloomy Aspect of our Affairs there, that the Southern Members were alarmed, and we thought it prudent not to attempt to Stem the Torrent. It was however agreed and declared, as I hinted before, that the Eastern prejudices against you were the only Motive to your recall, and it was understood that you might take your time in coming down. Indeed to have ordered otherwise, at so critical a Time, wou'd have been inhuman considering your family fortune and Influence in that Country. your Resolution to stay and exert yourself while she remains in such imminent danger is worthy of a Virtuous brave and patriotic Citizen: All your Friends wish that fortune may put it in your power to give some signal Proof of the only military Talent which you have not Evidenced in the course of your Command for want of an Opportunity. They all pronounce that this would put your Enemies to Silence and to Shame and elevate you to the highest Rank among the American Commanders.*

3

4 The resolution giving Washington entire liberty of action on the approach of the enemy's fleet (Journals, p. 666). Washington's reply, dated Aug. 22, is in Writings (ed. Ford), VI. 49. See also his letter of Aug. 23, ibid., VI. 50. The letters are in Writings (ed. Sparks), V. 42, 43.

[611] N. Y. Pub. Lib., Schuyler Papers, no. 543; Harvard Univ. Lib., Sparks MSS., no. 60, p. 141 (copy).

2 An extract of Schuyler's letter to Duane, Aug. 19, is in Lossing, Life of

Schuyler, II. 309.

See the Journals, Aug. 1.

• See nos. 587, 598, ante.

The Application from the Eastern Generals for your Continuance in the Department, and the respectable Reinforcement from New Hampshire, which so palpably contradict the assertions which were the Basis of your Removal are no small Occasion of Triumph to such of us as predicted that you would be supported; and will not readily be forgotten."

612. CORNELIUS HARNETT TO THE GOVERNOR OF NORTH CAROLINA (RICHARD CASWELL).1

Sir:

PHILADELPHIA, August 23d, 1777.

I have the honor to enclose your Excellency a hand-bill published by order of Congress. Gen'l. Stark has in some measure retrieved our affairs in the Northern Department: he is a Militia Brigadier from N. Hampshire, and has acquired great honor. The fleet of the enemy are arrived in Chesapeak Bay, what may be their intentions Congress is not informed, but are prepared, I hope, to disconcert their plan whichever way it may be pointed.

As Congress seem at present inclinable to fortify sea-ports at the Continental expence, I could wish your Excellency would be pleased to forward to the Delegates of your State, the plans of Cape Lookout Bay and of C. Fear river. I hope for the assistance of Congress in this business.

613. THE PRESIDENT OF CONGRESS TO THE PENNSYLVANIA COUNCIL.1 PHILADA. August 23d. 1777.

Gentlemen,

In the present critical Situation of Affairs, the Congress have come to the enclosed Resolves for the Defence of the several States therein mentioned, which I make no Doubt you will immediately carry into Execution. The absolute Necessity of Exertion and Vigour on the Occasion, is too apparent to be pointed out. It is sufficient to observe, that an active and spirited Behaviour in the Militia will have the most beneficial Effects, by convincing our Enemies of our Determination to oppose them with the utmost Firmness and Resolution.

I have the Honour to be, Gentlemen,

Your most obedt. and very hble Servt.
JOHN HANCOCK Presidt

His Excellency, Thomas Wharton Esqr
President, and the Honble the Executive
Council of the State of Pennsylvania.

5 See the Journals, Aug. 21; cf. no. 607, ante, no. 669, post.

[612]1 N. C. State Recs., XI. 590.

2 Cf. nos. 606, 607, 609, ante, nos. 615, 619, 621, 622, post. See also Burke to Caswell, Aug. 21, N. C. State Recs., XI. 592.

[613] Haverford College, Roberts Coll., 722; Pa. Arch., first ser., V. 544.

2 The resolves passed at the five-o'clock session of Aug. 22, upon the report of

a committee appointed just prior to adjournment.

614. HENRY MARCHANT TO THE GOVERNOR OF RHODE ISLAND (NICHOLAS COOKE).1

Honored Sir

PHILADELPHIA, August 24th, 1777.

Taking into Consideration that the Enemy have seen proper to make this Campaign so far to the Southward and Northward as I am in Hopes will give an Opportunity to raise a Sufficient Force of Militia and State Battalions to induce Our State joined by Mass and Connecticut to make an Attempt upon Rhode-Island: And in Order to give a Spring to such a hoped for Design; and wishing at least to get our Shipping and Continental Navy out to Sea, I ventured to draw up the enclosed Resolutions and prefer them to Congress: They were by Congress referred to the Marine Committee, and obtaining a favorable Report from that Board, I finally got them passed by Congress nearly as I had at first drawn them up. If they should be thought by the Navy Board for the Eastern Department, and the Councill of War of Our own State, to have been idle, inexpedient or unadvisable, I shall but have lost my Pains, not doubting but they will be candidly considered. If, on the other Hand, they should meet the Approbation of the State I have the Honor to represent, I shall feel myself amply rewarded: And should they prove efficatious in delivering Our Trade and Commerce and the Continental Navy from its present Embarassments my every Wish will be unspeakably gratified. I thought I could not well answer it to the distressed State of Rhode Island to remain an Idle Spectator of the Calamities to which it has been reduced without receiving any Continental Aid, while so many Thousands have been expended in the particular Defence of Delaware Bay and River; not less than ten Fire Ships, besides several large Gallies having been ordered by Congress, exclusive of very great Continental Assistance in constructing and raising of Batteries etc. I would by no means however wish to see the publick Monies expended in our State, without a hopeful Prospect of its being really beneficial. And I would therefore strongly recommend that it be first well considered. I doubt not you will have the same Resolves inclosed to you by the President; but I have hitherto made it my Duty to transmit you all Resolves that respect Our State. . . . . 615. THE PRESIDENT of Congress to the NeW HAMPSHIRE Assembly.1 PHILADA. Augt. 25th. 1777.

Gentlemen,

I have it in charge from Congress to transmit you the enclosed Copy of a Letter from Genl. Lincoln, accompanied with the Resolve of Congress founded thereon.

[614]1 R. I. Arch., Letters to the Governors, 1777-1778, p. 11; Staples, R. I. in Cont. Cong., p. 148.

read,

66

2 "The Congress being moved to pass sundry resolutions, and the same being

Ordered, That the same be referred to the Marine Committee." The Journals, Aug. 18. The resolutions as passed are in the Journals, Aug. 21 (pp. 661-662).

3 See the Journals, July 16, Aug. 6.

[615] Mass. Hist. Soc., Hancock Letter-Book, VI. 257; Library of Congress, Papers Cont. Cong., no. 58, pt. II., f. 250; ibid., N. H. Records, 1777.

It is with the utmost Regret the Congress hear, that Genl. Stark has Instructions to act independant of the Army of the United States, if he should be so inclined, As Nothing can be more destructive of military Subordination, or produce greater Confusion in the Service, than the Existence of any Corps or Body of Men, free from the Controul of the Commander in Chief, and the Rules of Discipline that bind the Rest of the Army. it is the earnest Desire of Congress that Genl. Stark may be subject to the same Regulations by which all other general Officers of the Militia have been hitherto governed when called out at the Expence of the United States. I am therefore to request you will give Genl. Stark Instructions to govern himself accordingly.

I beg leave to refer your Attention to the enclosed Resolve and to intreat your immediate Compliance with it, as the only effectual Means of preventing Discord, and restoring that Harmony so indispensably necessary at this Juncture in the Army of the United States of America. I have the Honour to be, Gentlemen, your most obed and very hble. Sert.

Honble Assembly of the State of New Hampshire

Dear Sir,

J. H. Presid.

616. RICHARD HENRY LEE TO THOMAS JEFFERSON.1

PHILA. August 25, 1777

The Confederation goes on but slowly, occasioned by the immensity of business created by the war. But I find our right to our Charter bounds, as stated by our Act of Government will be strongly contested. The Charter of 1609 it is said has been vacated, and that no transfer of that Charter right can be shewn from the Company to the people of Virginia. That therefore the ungranted lands were the property of the Crown, and being taken from it, by Common exertions, must become common Stock. Will you be so kind as favor me with your reasons and authorities in support of our right?2. . .

2 See the Journals, Aug. 19, 20 (erased entry), 22 (erased entry), and nos. 599, 609, ante; cf. nos. 606, 607, 612, ante, nos. 619, 622, post. [616] Library of Congress, Jefferson Papers, second ser., LI. 16; Letters of Richard Henry Lee (ed. Ballagh), I. 317.

2 Jefferson's reply to this letter has not been found. The "Act of Government" of Virginia referred to is probably the provision in the constitution of 1776 ceding the charter bounds of Pennsylvania, Maryland, North Carolina, and South Carolina, but retaining all else according to the charter of 1609. See Gannett, Boundaries of the United States, p. 89. Lee's letter indicates that the Maryland delegates were, in the discussion of the Confederation at this time, taking the position in regard to the western territory which is given definite record in the Journals, Oct. 15. Cf. no. 672, post. The attitude of Maryland had, in fact, been clearly shown by Chase's remarks, July 25, anent the proposed southern expedition (see no. 559B, ante). In regard to the Confederation see no. 588, note 2, ante.

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