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again to 3 months men. Nor does it appear to be practicable in this State, Delaware, perhaps Jersey and I am told not in Maryland. As the body of the people are so circumstanced that the loss of one year must be the cries of their families or at least their very great distress those who return in the winter will find unprovided families, and with them become a burden on the public, instead of being the source of its strength and riches. A few repetitions will render the evil general and perhaps decisive if the experiment should succeed. But the trial made with the flying camp forebodes the event, especially as that was for 5 months only, and this for 9 months. The disadvantages arising from having to redeem persons from captivity who are to yield no future services by an exchange of others who are to serve during the war are manifestly against us; and the danger of meeting an enemy disciplined and hardy with new troops every campaign is alarming. Perhaps the Committee had good reason to think this mode was the last reserve. I am truely sorry for it. Sure I am these things and many more could not have escaped them. Their propositions have suffered no alteration that I remember except that in the first proposition recommending to reinforce the army by drafts these words are admitted immediately following or in such other manner as shall be effectual.

I observe an exchange on the old cartel is likely to take place. Can nothing be done for our friends who are cruelly confined in the goals of Britain, and who are sent to the East Indies? Of the last circumstance Congress has undoubted testimonies.

Genl. Burgoyne has had the resolutions to detain him communicated to him. . . . . An aid from B. is now in York Town on the subject of his detention."

Feb: 26.

Not having an opportunity of forwarding the above, I have to thank you for yours of 24 Inst: which came to hand this Evening. I have heard no complaints concerning the slowness of your proceeding. Indeed such is the importance, multiplicity and delicacy of the matters you have to do, that time, much time, must be necessary to do it well. Of this I have reason to beleive Gentlemen here are fully convinced. However taking it for granted that you have had hints on this head, I shall omit no opportunity of giving my sentiments freely. Much dependence is had on your proceedings. The consequences of doing Your business thoroughly may be great. If the army, or if the Congress should be disappointed the effects may be fatal. Indeed it may be a matter of some doubt whether the continuance of a Committee in camp would not be productive of great advantages."

10

The words were added by Henry Laurens to the report as submitted. See the Journals, p. 200.

The aide-de-camp was R. R. Wilford. See the Journals, Feb. 28.

10 Here follows the passage quoted in note 2, above, but there was evidently another sheet of the letter, which is missing.

116. THE COMMITTEE OF CONFERENCE, MINUTES.1

26. General not present.

[February 26-28, 1778.]

27. General called away-Conferred with Baron Steuben-Sent dispatches to Congress respecting the Qr. M'r G. Department.2

28. Agreed to apply to the States of New-Jersey, Pennsylvania and Maryland to procure Horses for the Cavalry and Sadles.3

117. JONATHAN BAYARD SMITH TO THE PRESIDENT of PennsylvANIA (THOMAS WHARTON, JR.).1

Sir,

YORK TOWN, Feb. 28, 1778.

On other side you have copy of a letter yesterday Evening read in Congress. It was referred to a Committee, whose report you shall be made acquainted with. As I was that day confined to my bed, cannot say what strictures were made on the subject by Congress.

2

The packet of copies was returned to me from the ferry as the river was impassable. I this moment had the honor of forwarding it by Genl. Wilkinson.

118. THE PRESIDENT OF CONGRESS (HENRY LAURENS) TO

GEORGE WASHINGTON.1

1st March 1778.

Sir

. . I have the honour of being specially charged to signify to Your Excellency that Congress highly approve of Your Excellency's conduct in support of the Civil authority of the United States as expressed in Your Excellency's Letters in answer to General Howes Letter of the 19th January and 25th [5th] February.2

[116]1 See no. 62, note 1, ante.

2 See no. 110, notes 5 and 6, ante.

3 The letter to New Jersey has not been found. Those to Pennsylvania and Maryland, dated Feb. 28, are in Pa. Arch., first ser., VI. 316, and Arch of Md., XVI. 522, respectively. In the latter text, p. 523 (middle), a word is missing. The reading should be, "Men natives of the Country". The Maryland letter also contains a postscript not found in that to Pennsylvania. See the Journals, Mar. 2.

[117]1 Pa. State Lib., P. P. XLVI. 14; Pa. Arch., first ser., VI. 314.

2 Evidently the letter of the board of war dated Feb. 26. The Journals (Feb. 27) record, however, that it was read in the morning session. The board's letter is found in Pa. Arch., first ser., VI. 315. See the representation of the Pennsylvania council and assembly Mar. 6 (ibid., p. 333), and the Journals, Mar. 10, 20; also nos. 145, 159, post. 3 See the Journals, Feb. 25, and Pa. Arch., first ser., VI. 292, 303-314. Cf. no. 115, ante.

[118]1 Library of Congress, President's Letter-Book, I. 201.

2 See the Journals, Feb. 17, 25, 26. Howe's letters to Washington Jan. 19 and Feb. 5 (copy) are in the Library of Congress, Washington Papers; that of Feb. 5 is found in Washington's Writings (ed. Sparks), V. 535. Washington's replies to these letters, Jan. 30, Feb. 10, are ibid., pp. 230, 234, the latter also in Writings (ed. Ford), VI. 369. Howe's reply, Feb. 14, is in Washington's Writings (ed. Sparks), V. 537. See also John Laurens to his father, Feb. 9, Army Correspondence, p. 122.

I am also directed to intimate to Your Excellency as a recommendation from Congress that every proper precaution be taken against putting it in the power of the Enemy to take any unfair advantages in the Exchange of prisoners, and that Congress take for granted, Genl. Lee is included in the late stipulation between Your Excellency and the British Commander and have therefore refrained from repeating a special demand for the restitution of that Officer.3

Dear Sir

119. HENRY LAURENS TO FRANCIS DANA.1

1st March 1778

'tis now late Sunday Evening and your favor of the 25th Ulto has but this Instant made its appearance. had it been less deliberate in its progress and not made so long a halt at the Waggon Tavern I might yesterday have received authority for confirming your acts in the arrangement of the Qur. M'r General's department. as the case now stands, tomorrow is mortgaged and it will be difficult to bring the business upon the tapis before Tuesday-however I will make an attempt and if not balked by some six-deep Orator will get it in edgeway in the afternoon.2

A Resolve will go to Genl. Washington by the present Messenger which will probably reach those partizans whom you were afraid would escape justice, and there is one upon the Anvil which I parted with yesterday every stitch Crimson. it will return to morrow probably with small White facings. We are vex'd I assure you Sir, and we shall roar when we come to hear the story of the Connecticut deserters-this I am determined to keep a secret to the very proper moment for disclosing the melancholy subject."

An Act upon your Resolves for filling up the Continental Battalion's will also now go to the General."

I begin to dread the enemy's driving the army into the City and sending a detachment for your humble Servant and Company. I have in the mean time been calculating how to repair the lack of so much Beef this may be done by a Recommendation from the Committee to the Army to observe Lent which will begin on Wednesday by three Pan Cake days in each of the Six Weeks."

You intimate good Sir, that most of the Evils which have attended our Camp flow from gross neglect and abuse in the department of Qur. M'r general. if it be so, and I am inclined to believe it, why are we so Courtly

3 The Journals do not record such action at this time. See, however, under Mar. 30. For the outcome of the resolves of Feb. 26 relative to the exchange of prisoners, see nos. 163, 177, 188, post. Washington's reply to this letter, Mar. 12, is in Writings (ed. Ford), VI. 414, (ed. Sparks), V. 269.

[119] S. C. Hist. Soc., Laurens Letter-Book, 1776-1778, p. 260.

2 See the Journals, Mar. 2; cf. no. 110, ante.

3 The reference is doubtless to the resolve of Feb. 27.

4 Possibly the resolves relative to Burgoyne. See the Journals, Mar. 2.

5 It is not clear to what Laurens here alludes.

See the Journals, Feb. 26.

This is followed by some more serious comments on the situation. One extract

is found in Wallace's Laurens, p. 231.

and mincing? is there a name under Heaven that shall sanctify the peculator or screen the man whose neglect of Duty has brought thousands to Misery and Death? forbid it torpid patriotism of 1775-No! let the Offender be dragged forth, and the people told, this is the Man!-God awaken us.

120. WILLIAM ELLERY TO THE GOVERNOR OF RHODE ISLAND

(NICHOLAS COoke).1

YORK TOWN March 1, 1778.

Sir, We are about obstructing and fortifying Hudson's River, in order to secure the communication between the Southern and northern States; altering the System of the commissariats and quartermaster, which departments with the Clothier's, have been most miserably executed the last campaign; calling public officers to an account, and taking every method we can devise to fill up and supply our Army, and correct Abuses. I hope they will prove efficacious; but so great, alas! is the corruption and avarice of the people, that it is extremely difficult to find persons, to fill the public offices, who will by their honest exertions give efficacy to public

measures.

Congress have directed Genl. Washington to send a proper Major Genl. to fill the place of Genl. Spencer. It is not yet determined who is to pay the expense of the R. I. Expedition. I have not urged a determination; because Massachusetts hath been a long time and is still unrepresented, one of her members being of a committee now at Head Quarters. There are so many and such large demands on the treasury, for supplying the great departments of the army, that an application for a considerable Sum would be ineffectual. I opposed the last warrant being issued on our Loan-Office, but in vain. So soon as those departments shall be supplied, our State may have a chance. If the Assembly should think proper they can send forward an Abstract of their Accounts against the United States, with directions to their Delegates to apply when a good time shall present. If Loan Office certificates would answer it would mightily facilitate a Grant.

5

Some of the citizens of this state having been lately kidnapped and carried into Philadelphia, Congress have resolved that all offenders taken within 70 miles of the main army, or any detachment or post, under the command of a General, shall be tried by a court martial, and suffer the pains of Death."

A certain northern expedition is for good reasons laid aside. . . . . [120]1 R. I. Arch., Letters to the Governors, 1778, p. 29; Staples, R. I. in Cont. Cong., p. 165. 2 See the Journals, Jan. 13, Feb. 21. Gen. John Sullivan was assigned to the command Mar. 10 (Washington's Writings, ed. Sparks, V. 266).

This question was not determined until Aug. 7, 1778. See vol. II. of these

Letters, nos. 764, 775, and nos. 11, 33, ante, 160, 459, post.

4 Francis Dana. See the Journals, Jan. 10, and no. 62, note 2, ante.
See no. 11, ante; also vol. II., no. 538.

See the Journals, Feb. 27. Broadsides of these resolutions, preceded by an admonitory paragraph (see the Bibliographical Notes, Journals, XII. 1282), are found in the Mass. Hist. Soc., Heath Papers, VIII. 160, 161.

The expedition to Canada. See the Journals, Mar. 2. Cf. no. 98, ante, and nos. 126, 135, post. This part of the letter must have been written subsequently to Mar. 1.

121. THE COMMITTEE OF CONFERENCE, MINUTES.1

[March 1-4, 1778.]

I March. Forwarded Letter to Gov. Livingston by Col. Cox.2 2. Wrote to Congress by Colo. Guest -Agreed to recommend M. de Murman to Cong. for a Major in the engineering department.*

3. Conferred with the Majrs. Generals at Head Quarters

4. General not present. Wrote to Cong. upon the Engineering Departmt."

122. JOHN HENRY, JR., TO THE SPEAKER OF THE MARYLAND HOUSE OF DELEGATES (NICHOLAS THOMAS).1

Sir,

YORK TOWN March 2d 1778.

One of the principal subjects for which our Assembly stood adjourned to this Day, has not yet been taken up in Congress. The Confederation will be generally approved by the States. Virginia has acceeded to it and some other States. N. Carolina has agreed to part only. In the principal point on which your Delegates are instructed, I despair of succeeding in.2

The success under our late recruiting Law I am unacquainted with. The necessity of filling up our Batallions agreeable to our quota, will appear by some late resolves of Congress which have been transmitted to our Governor to be laid before the General Assembly. The mode pri[n]cepally recommended is the last effort that should be made. Whether it is to be embraced at this Time, is left to the wisdom of the Legislature.3 . . .

[121]1 See no. 62, note 1, ante.

2 See no. 116, ante. The committee wrote to Congress Mar. 1 relative to the armorer's department, concerning which they had just received a letter from Washington. The committee's letter, read in Congress Mar. 6, is in Papers Cont. Cong., no. 33, f. 221; Washington's (dated Feb. 29) is ibid., f. 225. Cf. the Journals, Apr. 18, 23.

Col. Nathaniel Gist. The committee's letter of Mar. 2, written by Gouverneur Morris, was a further discussion of the employment of Indians in the army, broached in their letter of Feb. 20 (see no. 104, note 10, ante). It discusses in particular the part which Gist was to undertake. The letter is printed in Reed, Life of Reed, I. 420. The original is in Papers Cont. Cong., no. 33, f. 201, a draft (with the date Feb. 25 erroneously endorsed on it by Thomson), at folio 197. See the Journals, Mar. 6, 7; also Washington to the commissioners for Indian affairs in the Northern department Mar. 13 (Writings, ed. Sparks, V. 273).

4 See no. 104, ante. The recommendation of Murnand was in a letter of Mar. 3. See note 5, below.

5 The letter transmitting the plan of the engineer corps is dated Mar. 3, and was read in Congress Mar. 6. A letter from Washington to the committee Mar. I (Papers Cont. Cong., no. 33, f. 209) discusses Duportail and the engineers. Cf. nos. 87, 104, ante, and the Journals, May 27.

[122] Md. Hist. Soc., Portfolio IV. (61).

2 The allusion is to Maryland's demand for the cession by the claimant states of their western territory to the United States. See no. 140, note 2, post; cf. nos. 73, 112, ante.

3 See the Journals, Feb. 26, and nos. 131, 155, post.

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