tion of the hire of Waggons.

An ambiguity in Genl Armstrongs Letter, and the entire silence of Council on the Subject leaves us in doubt respecting their pleasure. If a repeal of the Resolve of Congress of one Substitute for two Yeoman is meant, it falls in with my judgment, and shall be glad to have it signified. Coll Smith has forwarded to you the Resolve of Congress in answer to the Remonstrance of our State, also copy of a law of Virginia to suppress Monopoly.*. .

Dear Sir,

789. HENRY LAURENS TO JAMES DUANE.1

YORK 24th. Decem. 1777.

The Eagle Tail and Rattle Trap nicely cased up are put into a Waggon now bound to Albany with public Money, under the protection of Peter Webber who will deliver them to your order.2. .

A Vessel containing 70 Hogsds. of Rum and 6 Hogsds. Sugar with some other goods intended from Granada to New York for the use of the Enemy had been carried into Charles Town by the Mate and Crew, who had dispossessed the Master of Command. the whole was adjudged in pursuance of the Resolution of Congress, prize to the Captors. this is the first retort upon that species of British policy calculated for encouraging infidelity and treachery among seamen in the service of these States. I have no doubt but that in a few Months they will experience an hundred fold retaliation of their infamous example, which nothing but dire necessity would have induced virtuous Americans to Copy.*.

Sir,

790. DANIEL ROBERDEAU TO THE PRESIDENT OF PENNSYLVANIA (THOMAS WHARTON, JR.).1

YORK TOWN, Decr 26th, 1777.

A letter is just come to hand giving the most melancholy discription of the situation of our army on account of difficiencies in the Commissary's

2 See the Journals, Dec. 24. President Wharton's letter is in Pa. Arch., first ser., VI. 116. Cf. ibid., VI. 124, 130, 136.

3 The letter of General Armstrong referred to is probably that of Nov. 29, in Pa. Arch., first ser., VI. 43. Cf. ibid., V. 487, 672, VI. 65, 96, 171, 251. See the Journals, Apr. 14, Dec. 4.

4 See no. 785, ante.

[789] S. C. Hist. Soc., Laurens Letter-Book, 1776-1778, p. 207.

2 See nos. 766, 777, 778, ante. Laurens sets forth circumstantially the situation of Indian affairs in the South.

* See the Journals, Oct. 14, and no. 690, ante.

The disposition toward retaliation is also voiced by William Ellery in a letter written about the same time: "Our soldiers in the hands of the enemy at Philadelphia and New York, especially in the former, are treated in a most barbarous manner and a number of them have perished with famine. Some of them have died in the State house yard with grass in their mouths as I have been informed different ways. How long shall we forbear to retaliate on those worse than savages!" (Library

of Congress, Force Trans., Whipple, p. 445.)

[790] Pa. State Lib., P. P., XLIV. 40; Pa. Arch., first ser., VI. 134.

....

and Qr master's Departments. With respect to the article of cloathing 2800 are obliged to retire in a naked condition, unfit alone from that cosideration for duty, that he was about to apply a remedy by taking supe numerary articles, particularly from the disaffected, agreeable to a resolve of Congress, but desisted on an assurance from a Committee of the State, that provision would be made without delay in a manner more t the satisfaction of the Inhabitants, but although their own Troops su fered in the most extream degree, either no supply had been sent, or s scanty that it did not deserve to be mentioned. Thus much from memory I intend Council an extract of the Letter if I can obtain it. This is no time for recrimination, otherwise I could trace our present distress to other sources, and indeed Genl Washington speaks out for the first time and charges the principle difficiency viz., in the Commissary's department, t the arrangement made by Congress. I foresaw the Consiquences and withstood the measure, but in vain.*.

Sir,

791. THE PRESIDENT OF CONGRESS TO WILLIAM HEATH.1

YORK TOWN 27th. December, 1777

I beg leave to refer you to the inclosed duplicate of a letter which I had the honour of writing to you the 23d Inst transmitted by the hand of a Mr. Storer.2

Congress having received from Gen. Gates as intimated in my las Copy of a Letter written to him by Lieut Gen. Burgoyne in which this Gentleman declares that " the public faith is broke " etc., have taken his declaration, together with his refusal, under an assertion not founded in truth, to give such descriptive marks of his Non Commissioned Officers privates and other persons as you had demanded, into their most serious consideration in a Committee of the whole House. these weighty and important circumstances after having long employed the close attention of a select Committee, have taken up almost the whole time of Congress for two days past, nor have the House yet accomplished all the solemn and necessary Resolutions which the Case demands but so far has the House proceeded as to receive a Report from the Committee of the whole. and to order me to address you Sir, in terms of the Letter which you will find inclosed and of this which I am now penning. these will be followed

2 Two letters from Washington, Dec. 22 and 23 (Writings, ed. Ford, VI. 252, 257), describing conditions in the army, were read in Congress Dec. 26 and referred to a committee. December 29 this committee was discharged, and the letters referred to the board of war and three additional members as a committee. See nos. 794, 795, post, and the Journals, Jan. 1, 15, 1778. Another committee, to take into consideration the wants of the army, together with the propositions from the committee sent to camp, had been appointed Dec. 24. See nos. 774, 782, ante; cf. no. 792, post.

8 See the Journals, Sept. 17, Nov. 14, Dec. 10.

* See nos. 664, 726, 748, 757, 759, ante.

[791]1 Mass. Hist. Soc., Heath Papers, XII. 85, III. 54 (duplicate); Library of Congress, Presidents Letter-Book, I. 80; Mass. Hist. Soc., Collections, seventh ser., IV. 194 (printed from the duplicate in the Heath Papers).

2 No. 786, ante. The bearer was presumably Ebenezer Storer. See the Journals, Aug. 11, Oct. 23.

as speedily as possible by extended Acts and Resolutions prepared for your further direction and for public Information on both sides the Atlantic.

It is the express desire and injunction of Congress that you do not communicate the contents of these Letters to any person until it shall become absolutely necessary, that is to say until you shall have received the intended Acts and Resolves or until you shall have attempted and if possible completed certain essential Acts, admitting the Vessels for transporting Lt. Gen. Burgoyne and his Troops to be arrived at the port of Boston. by essential Acts, Congress mean that the Tonnage of the Transport Vessels and also that the Stores of Provisions and Fuel should be particularly enquired into and ascertained to be in your judgement sufficient for transportation and sustenance of the numbers of persons intended to be embarked for a Voyage from Boston to Great Britain, and more particularly that all accounts be liquidated and the Amount due by Lt. Gen. Burgoyne or as great a part of it as you can obtain, actually paid in Gold or Silver according to the rate specified in the Resolve of Congress of the 19th Inst. transmitted in my last Letter, in order to reduce within the smallest compass articles which hereafter may be made subjects for cavil and disputation by the Court of Great Britain on whose honour and justice these States cannot at present with any degree of safety rely.

These Acts which Congress judge indespensibly necessary to be performed before an embarkation can take place will employ some days and gain so much time without subjecting the Honour of the House or of its Constituents to any unfavourable imputation from the world. You will also from what has been said perceive good ground for renewing your demand of the Names and particular description of the Non Commissioned Officers privates etc. but it may be prudent not to press this unless by appeal to expected directions from Congress and to the conduct of Sir Guy Carleton in the Instance adduced by Mr. Burgoyne and permit him if he pleases to decoy himself.

If when you shall have sufficiently attempted or completed these necessary Acts you shall not have received the intended Resolves of Congress, it will then be necessary for you to disclose the Contents of the Inclosed Letter to General Burgoyne and peremptorily to prohibit his embarkation until you shall have received further directions on that point.

You will understand the motive for dating that Letter January 1778, and leaving a Blank for the day to be properly and carefully filled by your self.*

I have in conclusion to assure you Sir, that Congress repose the highest confidence in your address and abilities for conducting with propriety this very important business in which on one side the faith and honour of these Infant States are to be preserved, and on the other the magnanimity

3 See the Journals, Dec. 26, 27, and no. 786, note 5, ante. See also no. 793, post. 4 The letter to General Heath, which was given the date Jan. 8, 1778, is printed in the Mass. Hist. Soc., Collections, seventh ser., IV. 210. It will also be found under its date in the next volume of these Letters.

and Resolution of Congress to be exemplified in guarding against frauds! and deceptions of an Enemy who have hitherto practiced without remorse every act of violence, injustice, and cruelty in the prosecution of the present War.

792. DANIEL ROBERDEAU TO THE VICE-PRESIDENT OF PENNSYLVANIA (GEORGE BRYAN).1

Sir,

YORK TOWN, Decr 29th, 1777

I wrote Council, two days ago, to which please to be refered. Revd Mr Batwell, on an application to be enlarged on security on his parole. accompanied with a certificate from his Physician, that fresh air and exercise were absolutely necessary to his recovery, obtained the following resolution:

"That in the opinion of Congress the Revd Mr Batwell should be discharged out of confinement on his taking an oath of allegiance to the State of Pennsilvania, or on his refusal that he should be allowed to go with his family into the City of Philada." The delicacy of interfering with this State was agitated, together with the very low condition of the petitioner whose life was reported to be in iminent danger, and might add¦ to the number of marters in the esteem of the disaffected, who interested themselves in his behalf, nevertheless the prayer of the petition was not attended to, but the above alternative given, for Congress did not know how, otherwise, to get rid of importunity, and apprehended this Step from all circumstances, would not be disagreeable to the State. I think the above resolve is a specimen of treatment Congress would wish to other disaffected persons in every State, as was at large said in debate, with much concern that decisive measures had not long since been taken with all Enemies to the Independence of America. A Committee are appointed to take into consideration the deplorable condition of our army, and to report to-morrow. I make no doubt that the most vigorous measures will be recommended to be immediately taken, as without, the army must disperse as mentioned in my last. My situation is extremely delicate on this occasion; the ruin of our Army, or the interference with the police of the State, I apprehend will be the alternative set before me; under these circumstances I should be glad of advice and assistance. The House of Burgesses, in Virginia, have unanimously consented to the confideration, as handed to them with orders to their Delegates, to confirm it on the 10th March.

I could wish the State would favr their Delegates with Dunlap's paper constantly. I should be glad you would furnish me with the two or three last papers. Our State, I understand, have published a bill, which I have not seen, respecting the measures recommended to the northward, and I

[792]1 Pa. State Lib., P. P., XLIV. 45; Pa. Arch., first ser., VI. 144.

2 See the Journals, Dec. 27, and no. 735, ante. Batwell's petition, dated Dec. 26, is in Pa. Arch., first ser., VI. 95.

3 See no. 790, note 2, ante.

am told have recited the recommendation of Congress, which exposes the views of Congress; this was never intended, and may frustrate their designs.*

793. HENRY LAURENS TO JOHN LEWIS GERVAIS.1

My Dear Friend,

1

30th. Decem. 1777

I am now sitting both feet and Legs bound up in a Blanket in the room where Congress meets, between the adjournment at p: one oClock and meeting hour at 3, and where a scrap of some what will be sent for my repast to serve till tomorrow's breakfast. perhaps two, it may be three, hours after dark I may be permitted to hobble on my Crutches over Ice and frozen Snow or to be carried to such a homely home as I have, where I must set in Bed one or two or three hours longer at the writing Table, pass the remainder of a tedious night in pain and some anxiety. I hear you reply-why fait [h] if I was you I would resign the president ship. believe me my dear Sir that was my solid determination on the 2d. or 3d. day after my present troublesome companion had taken possession of me, when by reflection comparison with former attacks and making a proper allowance for the rigor of this Climate I foresaw a continuance of pain and Crippleism for many Weeks. I then dictated a Letter to be written to Congress expressing my apprehensions and earnestly intreating an acceptance of my resignation. an answer was returned by a Member, that Congress were not disposed to grant my request but would in preference to appointing a new President, address the Chair and Secretary during my unavoidable absence. this seemed and indeed was very kind and a little flattering-a Compliment which laid claim to my gratitude. I summoned patience and fortitude to my Aid, I adopted every measure I could think of in order to restore me to strength and abstained from everything, except hard work, that could have the smallest tendency to impede my recovery. writing in Bed, and especially one particular Nights discipline when I kept the Pen in hand till one in the Morning and resumed it again before five, shook me. however on Christmas day I found myself so far relieved from severe paine as to encourage hopes that three or four days indulgence would produce a little Strength in my Ankles, but late that Evening and again very early next Morning I received visits from a Zealous Member of Congress pressing me if possible by any means, to attend the House the 26th. adding, the request was made by desire of many Members not so immediately to the President as to a Member who solely represented a State, intimating that the business which I had set or encouraged to set in motion of the highest importance was to

This may refer to a resolution of the Pennsylvania general assembly, Dec. 6, found in Pa. Arch., first ser., VI. 66. November 28 a committee of Congress (Roberdeau, Dyer, and Penn) was appointed to confer with the general assembly. The committee made its representation to the assembly Dec. 2, and a committee of the assembly brought in a report Dec. 6. See the Journals of the House of Representatives of Pennsylvania. Issues of Dunlap's Pennsylvania Packet at this time have not been accessible. [793] S. C. Hist. Soc., Laurens Letter-Book, 1776-1778, p. 222.

2 See no. 774A, ante.