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Abilities entitled him to. his Friends threaten'd us with his Resignation if he was passed by, this was conclusive with some of us, but he has not yet gratified our Expectations, and we begin to fear that his Attachment to 120 Dollars a Month will prevent the good work. We found some difficulty in getting Clynton made a general, Phil: Livingston proposed him and I advocated his Promotion; it was confessed on all Hands that he had done more and suffered more than Mc:Dougal, but a Mr. Varnum of Rhode-Island and Maxwell of Jerseys were opposed to him, our Exertions however prevailed. I shall be doubly fortunate if by my Endeavours two valuable officers can be rewarded. You who have served so long in Congress, will confess, it is not often that we do much good in one day. Most of the last Week was taken up in trying old Hopkins, for a Breach of Orders, the Fact was clearly proved, his Excuses were trifling to the last Degree, to say the least of them, the Congress in opposition to the Eastern Colonies found him guilty and have censured him for his Conduct: Some of us Pressed his Removal from the Command, but a tenderness or rather weakness for his Brother, and an Opinion that he would resign in Consequence of the Thunder of the House, obstructed the passing of the Motion. I wish he would resign, for I am satisfied that he is totally unfit for the Department, and that we shall be disgraced so long as he shall continue at the Head of our naval Affairs. We are doing everything in our power to reform the Vices of the Army and put the Forces under better Regulations than they have yet been. The Committee of which you Jefferson Adams and I were Members who were desired to revise the Articles of War and bring in such Amendments as they thought proper, have reported to the House the British Articles as far as local Circumstances will admit, and the Congress is in a fair way of adopting them. If we can carry them thro' compleatly it will have a most happy

* See no. 84, note 3, ante. Cf. no. 173, note 2, post.
5 See no. 84, note 4, ante.

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The so-called committee on spies was appointed June 5 (" to consider what is proper to be done with persons giving intelligence to the enemy etc.). The duty of preparing articles of war was assigned to the committee June 14. It brought in a report on Aug. 7, and the articles were further considered Aug. 13, 19, and Sept. 19, and adopted Sept. 20. Concerning this report, John Adams says in his Autobiography (Works, III. 68): "This report was made by me and Mr. Jefferson, in consequence of a letter from General Washington, sent by Colonel Tudor, Judge Advocate-General, representing the insufficiency of the articles of war, and requesting a revision of them. Mr. John Adams and Mr. Jefferson were appointed a committee to hear Tudor, and revise the articles. It was a very difficult and unpopular subject, and I observed to Jefferson, that whatever alteration we should report with the least energy in it, or the least tendency to a necessary discipline of the army, would be opposed with as much vehemence, as if it were the most perfect; we might as well, therefore, report a complete system at once, and let it meet its fate. Something perhaps might be gained. There was extant one system of articles of war which had carried two empires to the head of mankind, the Roman and the British; for the British articles of war were only a literal translation of the Roman. It would be in vain for us to seek in our own inventions, or the records of warlike nations, for a more complete system of military discipline. It was an observation founded in undoubted facts, that the prosperity of nations had been in proportion to the discipline of their forces by sea and land; I was, therefore, for reporting the British articles of war, totidem verbis. Jefferson, in those days, never failed to agree with me, in every thing of a political nature, and he very cordially concurred in this. The British articles of war were, accordingly, reported, and defended in Congress by me assisted by some others, and finally carried. They laid the foundation

Effect. I know not how we shall so soon purge the Army of the Men you mention, as by prevailing upon them to resent their own quarrels. To show you how exactly we concurrd in sentiment upon this Subject, I must tell you that when the Congress were employing a little Leisure Time some days ago in considering new Articles, and before I received your Letter, I proposed to strike out that Article which prevents the sending of Challenges, and pressed it as a Measure that would tend to make their Officers Gentlemen, or at least induce them to act as such, whilst in Company with Gentlemen; Stone seconded and supported the Motion, but we could not carry the Point. I believe we must leave it to Time. We have done nothing with the Confederation for some Days, and it is of little Consequence if we never see it again; for we have made such a Devil of it already that the Colonies can never agree to it. If my opinion was likely to be taken I would propose that the States should appoint a special Congress to be composed of new Members for this purpose—and that no Person should disclose any part of the present plan. If that was done we might then stand some Chance of a Confederation, at present we stand none at all. We have not as yet touched the Treaty -and Independence has been declared upward of Six Weeks! We have heard of Deane's arrival in France but no letters from him. I am much pleased with the Spirit of your Convention, God grant they may receive the Blessings of Liberty, and by a wise Government fix those Blessings upon a strong and lasting Foundation. Exert my good Friend all your Abilities in the accomplishing of this delicate Business, so that you will be beloved by Posterity as truly as you are by your most affectionate

EDWARD RUTLEDGE.

P. S. Remember me affectionately to Jay. We have sent to the Southward for General Lee, lest any accident should befall Washington,10

of a discipline which, in time, brought our troops to a capacity of contending with British veterans, and a rivalry with the best troops of France."

The letter to which Adams here refers was probably the letter of Joseph Reed, July 25 (Force, Am. Arch., fifth ser., I. 576), referred, July 29, to the committee appointed to revise the Articles of War. The articles are printed in the Journals under Sept. 20. See also the Bibliographical Notes, ibid., VI. 1125-1126. The articles were somewhat revised Apr. 14, 1777. Cf. nos. 92, 142, post.

7 Articles of War, section VII., articles 2 and 3 (Journals, V. 792). The discussion was probably on Aug. 13.

8 See nos. 43, 83, 84, note 2, ante, and nos. 94, 138, 155, post. Rutledge's suggestion that "a special Congress to be composed of new members" ought to be chosen to draw up articles of confederation is one of the earliest expressions of what presently came to be the fundamental idea of a constitutional convention, the doctrine, namely, that a consitution should be framed by a body of delegates specially chosen for the purpose. Jefferson had, indeed, a few months earlier, enunciated the doctrine in a letter to Edmund Randolph, then in attendance at the Virginia convention (see Writings, ed. Ford, II. 7-9); and the Delaware convention, which met August 27 (only a few days after Rutledge's letter was penned) to frame a constitution for that state, appears to have been chosen with that principle definitely in view. See Van Tyne, American Revolution (American Nation series), pp. 139-140.

See the Journals, July 18, 20, Aug. 22, 27, Sept. 17; also no. 26, note 2, ante. 10 See the Journals, Aug. 8, and Hancock to Lee, Aug. 8, Force, Am. Arch., fifth ser., I. 832.

(which God prevent) and our Army be without a proper Head. You did not enclose me Mr. Cortland's Letter as you thought.

86. JOHN ADAMS TO SAMUEL HOLDEN PARSONS.1

PHILADELPHIA, 19 August, 1776.

Your favors of the 13th and 15th are before me. The gentlemen you recommend for Majors, Chapman and Dyer, will be recommended by the Board of War, and I hope agreed to in Congress.

With regard to encouragements in money and in land for soldiers to enlist during the war, I have ever been in favor of it, as the best economy and the best policy, and I have no doubt that rewards in land will be given, after the war is over. But the majority are not of my mind for promising it now. I am the less anxious about it, for a reason which does not seem to have much weight however with the majority. Although it may cost us more, and we may put now and then a battle to hazard by the method we are in, yet we shall be less in danger of corruption and violence from a standing army, and our militia will acquire courage, experience, discipline, and hardiness in actual service."

2

I wish every man upon the continent was a soldier, and obliged, upon occasion, to fight, and determined to conquer or to die. Flight was unknown to the Romans. I wish it was to Americans. There was a flight from Quebec, and worse than a flight at the Cedars. If we do not atone for these disgraces, we are undone.

A more exalted love of their country, a more enthusiastic ardor for military glory, and deeper detestation, disdain, and horror of martial disgrace must be excited among our people, or we shall perish in infancy. I will certainly give my voice for devoting to the infernal gods every man, high or low, who shall be convicted of bashfulness on the day of battle."

P. S. Since the above was written Congress has accepted the report of the Board of War, and appointed Dyer and Chapman, Majors. I had much pleasure in promoting Dyer, not only from his own excellent character, but from respect to my good friend his father.*

Dear Sir

87. WILLIAM WILLIAMS TO JOSEPH TRUMBULL.1

PHILADEL: Augt 20 1776

convinced that it was the surest way I had sundry times pressed sevl. of the board of War, to recomend Cap Dyer for a Majr. they promised to consider it etc. and yesterday brot in a report reccomending him and Cap Chapman of Tylers, and after some Consideration, the Votes

[86]1 Works, IX. 431.

2 Cf. no. 74, ante.

8 Cf. no. 92, post. These expressions are no doubt the outcome in great measure of Adams's work on the Articles of War. See no. 85, note 6, ante.

* See the Journals, Aug. 19. Cf. nos. 71, 78, ante, and no. 87, post.

[87]1 Conn. State Lib., Joseph Trumbull Papers, no. 565.

were calld for and They are both appointd. conclude the Prest. has or will send their Comissions. Your Letter came just Time enow for me to Strengthen the Recomend" by informing the House that the Objection of Rank was removed. I just knew of the Conveyance by Mr. Colt, and had but a minutes Time. pray let me know every thing material passing among you, and am your affect. Friend and Bro.

My Lord

W WILLIAMS

88. BENJAMIN FRANKLIN TO LORD HOWE.1

PHILA Aug 20, 76

The Temper of the Colonies as professed in their several Petitions to the Crown was sincere. The Terms they proposed should then have been closed with, and all might have been Peace. I dare say your LP as well as my self, laments they were not accepted. I remember I told you, that better wd never be offered, and I have not forgotten your just Comparison of the Sybyl's Leaves.

But the Contempt with which those Petitions were treated, none of them being vouchsaf'd an Answer; and the cruel Measures since taken, have chang'd that Temper. It could not be otherwise To propose now to the Colonies a Submission to the Crown of Great Britain, would be fruitless. The Time is past. One might as well propose it to France, on the Footing of a former title.2. . . .

89. JOHN ADAMS TO JAMES WARREN.1

PHILADELPHIA, August 21, 1776

2

Dear Sir, Yours of Aug. II reached me Yesterday. Mrs. Temple shall have all the assistance which I can give her, but I fear it will be without success. It will be a Precedent for So many others, that there is no seeing the End of it. I shall answer her Letter by the next Post, and if I cannot promise her any Relief, I can assure her of Mr. Temple's Arrival, and of his having Leave to go home, which I presume will be more welcome News.

2 Cf. nos. 71, 78, 86, ante.

[88] Am. Phil. Soc., Franklin Papers, vol. XLV., no. 110.

2 See no. 25, note 2, ante, no. 94, post.

[89]1 Warren-Adams Letters, I. 270.

2 Warren's letter is found in Warren-Adams Letters, I. 267.

See the statement at the close of the letter, and the Journals, Aug. 23-28; also no. 107, post. The Temple claim was not finally settled until 1779. See a letter from James Bowdoin to Washington, Apr. 23, 1778 (Mass. Hist. Soc., Collections, sixth ser., IX. 415), and the Journals, Feb. 27, Mar. 6, 1779. Concerning Robert Temple see Sabin, American Loyalists, and Winsor, Memorial History of Boston, II. 540. General Howe wrote Washington, Aug. 13 (Force, Am. Arch., fifth ser., I. 932), asking permission for Temple to land at New York and go to his family in Massachusetts. The permission was granted by Washington in a letter to Howe, Aug. 17. A copy of this letter (Library of Congress, Washington MSS.) was enclosed in a letter to the President of Congress, Aug. 18, read in Congress Aug. 20. An entry in the Diary of John Rowe (Mass. Hist. Soc., Proceedings, second ser., X. 104) reads: "Sept. 26-Robt. Temple is come to town."

There is a Marine Committee, who have the Care of every Thing relating to the Navy. Hopkins and his Captains, Saltonstall, and Whipple, have been summoned here, and here they have lingered and their ships laid idle. I cannot, I will not explain this Business to you; because if I should, it would get into a News Paper, I suppose. You must come and see.* We suffer inexpressibly for Want of Men of Business.-Men acquainted with War by Sea and Land, Men who have no Pleasure but in Business. You have them, send them along.

5

I took a Hint from your Letter and this day obtained a Resolution authorising and desiring General Ward to continue in the Command in the Eastern Department, untill further orders. . . .

[P. S.] Since the foregoing was written I have procured Mrs. Temple's Letter to be committed. . . . .

Dear Sir,

90. BENJAMIN FRANKLIN TO THOMAS MCKEAN.1

PHILADA. Augt. 24, 1776

I heard your Letter read in Congress relating to the Disposition of the German Troops; and understanding from Col. Ross, that they are canton'd on the Island opposite to the Jersey Shore, I send you herewith some of the Resolutions of the Congress translated into their Language, as possibly you may find some Opportunity of conveying them over the Water, to those People. Some of the Papers have Tobacco Marks on the Back, it being suppos'd by the Committee, that if a little Tobacco were put up in each as the Tobacconists use to do, and a Quantity made to fall into the Hands of that Soldiery, by being put into a Drift Canoe among some other little Things, it would be divided among them as

* See the Journals, June 13 and passim; also nos. 73, 83, 84, 85, ante.

5 Cf. Adam's letter to Joseph Hawley, Aug. 25 (Works, IX. 433), also his letter to Samuel H. Parsons, Aug. 19 (ibid., IX. 431).

• See no. 93, post.

[90] Hist. Soc. of Pa., McKean Papers, I. 8. Addressed, "To The honble Colonel McKean of the Pennsylvania Forces, East Jersey".

2 There is no mention of McKean's letter in the Journals, nor has the letter itself been found. From a letter of Caesar Rodney to Thomas Rodney, Aug. 28, it would appear that McKean was in Philadelphia within a few hours after Franklin's letter had been written. Caesar Rodney had written to Thomas Rodney, Aug. 21: "As Mr. Read will go to the Convention, and our Colony requires two Delegates to make a representation, I shall come home next week if possible." Force, Am. Arch., fifth ser., I. 1092. Aug. 28 he wrote: "I intended to come down, but have been prevailed on by the other Delegates to stay and attend Congress during their absence, the business in Congress being important to each Colony, especially ours. . . . . As soon as I received the accounts from Kent and New Castle of the elections, I wrote to Mr. McKean at Amboy, and desired he would give immediate attendance at the Convention. He got my letter, and in consequence thereof came to Philadelphia on Sunday night last, and set out yesterday morning very early to New Castle." Ibid., I. 1192. See no. 58, note 3, ante.

* George Ross, delegate from Pennsylvania.

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