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Sir.

131. JOHN HENRY, JR., TO THE GOVERNOR OF MARYLAND
(THOMAS JOHNSON, JR.).1

YORK TOWN March 6th. 1778.

Col. Samuel Smith arrived here yesterday and acquainted me with the difficulty he met with in the recruiting Service, for the want of the continental Bounty. Upon his solicitation and the prospect of advancing the public Service, I have procured from Congress ten thousand Dollars to be transmitted to you, to be distributed in such proportion among the recruiting officers as you may judge most proper.2 Col Smith has undertaken the carriage of this money, which I hope you will receive in a few Days. It is the earnest request of Congress that the Battalions from each State, should be filled up as early this Spring as possible. Maryland I hope will not be backward. The draught of the Militia recommended by Congress I fear will meet with many obsticles in the Legislature. Should that measure fail, I am at a loss to discover what expedient can be fallen upon. The Expedition into Canada is suspended. Genl. Burgoyne and two of his officers upon his earnest request to Congress is permitted to embark for England. Enclosed you have a copy of the resolve upon which the ten thousand dollars mentioned above was granted, by which you will see, part of the money is to be applied towards paying the premium for taking up deserters.

My Dear L

132. OLIVER WOLCOTT TO MRS. WOLCOTT.1

YORK TOWN 6th March 1778

Congress Adjourn to Dine at One oClock and so Meet in the afternoon this Practice is much more agreable than to sit till 5 or 6 oClock and I think it expedites Business.2

Dear Sir

133. JOHN PENN TO ROBERT MORRIS.1

3

YORK Friday morning. [March 6, 1778.]2

Doctor Rickman and myself never got to this place untill yesterday about two oclock. we crossed at the Falls. you may easily guess how disagreeable our situation was, when we reflected that we had left Manheim and were breathing in a little cold Tavern. however fasting after

[131]1 Md. Hist. Soc., Red Book, IV. 111; Arch. of Md., XVI. 528.

2 See the Journals, Mar. 5, and no. 143, post.

3 See the Journals, Feb. 26, and no. 122, ante, no. 155, post.

4 See the Journals, Mar. 2, 3, and nos. 125, 130, ante.

[132] Conn. Hist. Soc., Oliver Wolcott Papers, vol. II., no. 48.

2 Cf. no. 198, post. There appears to have been a persistent conflict between the one-session and the two-session men, first one party then the other prevailing. See the Journals, Oct. 1, Nov. 19, Dec. 16, 1777, Jan. 24, Mar. 24, Apr. 29, May 30, Aug. 12, 27, Sept. 3 (pp. 870-876), Sept. 17, Oct. 20, Nov. 25, 1778. Cf. these Letters, II. 462 n., and no. 494, note 2, post.

[133] Hist. Soc. of Pa., Etting Coll., Old Congress, VI. 52.

2 The letter is endorsed: "York Friday 6. March 1777. Jno. Penn Esqr." 3 Dr. William Rickman, director of the hospital at Alexandria, Va. (appointed May 18, 1776). See, further, the Journals, July 22, Aug. 9, Dec. 20, 1777, Mar. 7, 1778.

feasting may be necessary, tho' we should have had enough of the former at this place.

Mr. Francy's business was taken up last evening The Committee reported that all the Consignments should be made to Hortales and Co. and a Contract made with their House for large supplies in future. as I thought we were not very good merchants, I proposed that the affair should be postponed untill Monday, in order that you might be requested to attend that day, by the Commercial Committee, and that all who wished to have you would make it a point to agree to the postponing. it was accordingly agreed to unanimously. It was proposed after wards that by particular direction you should be sent for. this was refused as not parliamentary, tho', almost every man would be glad to have you here. I hope my dear Sir you will excuse my being the means of giving you the trouble of coming to York as I really think it of great Importance to America to have a Gent'n of your abilities present when a Subject of such Magnitude is on the carpet. If you come get here on sunday evening as Mr. Francy is uneasy at being detained we will not keep you more than two days.

134. THE COMMITTEE OF CONFERENCE TO GEORGE WASHINGTON.1 Sir

Upon considering the Matter referred to the Committee by your Letter of this Morning We are of Opinion that a very able Officer should have the Command on Hudson's River. And if Either Putnam or Heath must be sent to Rhode Island we should prefer the former. A new Arrangement may be made by Congress before the opening of the Campaign especially if Genl. Gates should (as we suppose he will) incline to take the Field. The committee Sir sensible that you are best acquainted both with the Characters of Men and the Exegencies of the Service beg you will make such Disposition as on the whole shall appear most eligible.2

We are Sir

Your most obedient and humble Servants

MOOR HALL 6th March 1778.

FRA DANA

by Order

135. HENRY LAURENS TO THE MARQUIS DE LAFAYETTE.1

YORK TOWN. 6th March 1778

Sir I know not how to account for the Idea of those who planned and announced the intended Expedition, it is probable if they are ever

* See the Journals, Mar. 5 (action on report of the committee of commerce); also Feb. 20, 23, Mar. 12, 16, 17, 20, 23, Apr. 6, 7, 13, 16. Francy was agent of Roderique Hortales and Company (Beaumarchais). See nos. 74, 109, ante, and nos. 186, 281, 437, post.

[134] Library of Congress, Letters to Washington, XCII. 116.

2Cf. no. 126, ante, and nos. 168, 176, post. Washington's letter to the committee

Mar. 6 is found (in part) in Writings (ed. Ford), VI. 388.

[135] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778,

P. I.

2 Laurens is replying to Lafayette's letter of Feb. 23 (S. C. Hist. and Geneal. Mag., VIII. 3). Concerning the expedition to Canada, see no. 46, note 5, ante. Cf. Wallace, Life of Laurens, pp. 272-273.

called upon they will be at as great a loss in that respect as I am-a subject this, which I wish not to dwell upon. With regard to you Sir, it is clearly evident, that the part which Your Excellency has acted will be known throughout America and Spoken of with applause. I dare not predict the sentiments of Congress respecting a seperate Command, however, I am persuaded every Individual holds you equal to the trust. If you are pleased to propose an eligible plan I may say with confidence it will receive a respectful consideration and 'tis my private sentiment there will be little hesitation upon availing the public of Your Excellencys offers of service.

I submit to you Sir, in such Case, the propriety of corresponding directly with Genl. Washington and procuring his opinion to be transmitted to Congress and also with Genl. Gates as an Officer and a patriot not as part of the Board of War.

I am sensible of the distress the Northern department has been in, from a want of Money. of late there have been large remittances and such further sum will immediately follow as the Treasury Board assure me will afford complete relief. if we all followed your Excellency's example and attended business at all hours until it was finished our affairs would be in much better plight than they are.

I dont know who promised Monsr. failly a Colonel's Commission. I know Congress refused him one, altho' he applied under the strongest recommendation from Genl. Gates. I cannot, even with Mr. Brice's aid, decypher the name coupled with that of Monsr. failly."

3

If it shall be determined that your Excellency shall remain in the Northern department it will become necessary in a proper part of some one of your Letters to Congress to require Blank Commissions.

When a proper opening invites, I shall with great pleasure intimate your Excellency's attention to the Interests of these States demonstrated in pledging your own in support of the public Credit, which I am persuaded will be gratefully received and acknowledged

I have ordered 6000 Dollars of my own funds to be packeted and delivered to Major Brice for which I have taken his Rect. to deliver the same to your Excellency.

I shall put that Gentleman in the way to enquire the course of Exchange in Lancaster if he finds it at 400 per Ct. or upwards Bills for about the Value of One Hundred Louis d'or each set may be transmitted and Made payable to me I will endorse them to the purchasers. there ought to be at least five bills to a set.

Major Brice will inform your Excellency how closely I am confined to this Table at all intervals from personal attendance in Congress and plead an excuse for all my errors and omissions.

I am just closing dispatches for Lieut. Genl. Burgoyne who having found a pen capable of writing Congress properly, has obtained leave to embark himself and family for Great Britain. I will in a few days

6

3 See the Journals, Feb. 5 (erased resolve), and no. 80, ante; also note 5, below. 4 Maj. John Brice, at this time aide-de-camp to Lafayette. Laurens's LetterBook shows that Major Brice was the bearer of this letter and also that of Mar. 4, ante. 5 In his letter of Feb. 23 (see note 2, above) Lafayette says: "mr. de failly and mr. de luce have told me that they had been promised I schould give them colonel's commissions, but I have no blank ones."

6 See the Journals, Mar. 2, 3, and nos. 125, 130, ante.

transmit to your Excellency the particulars of this negotiation. at present I am obliged to conclude, which permit me to do by repeating that I am with the most sincere and respectful regard and attachment

P. S.

Sir Your Excy's obliged and obt. Servt.

I have this moment a hint given me that the Board of War mean to recommend the recall of your Excellency and Genl. de Kalb to join Genl. Washington and that Genl. Conway will remain where he is. do not Dear Marquis suffer this to discompose you.

I shall expect I was going to say that Congress will weigh this point, but that Inst. Genl. Gates came in, I put the question to him he says it is intended to make it agreeable to your Excellency because there is no Command yonder worthy of you.

Dear Sir,

136. HENRY Laurens to SamUEL ADAMS.1

YORK TOWN 7th March 1778.

You may remember the anxiety which I expressed upon hearing of the Portugueze Vessel being carried into Boston as prize. neither you nor I knew then who were Owners of the Captor: I am sure I did not.

Congress two days ago received a Memorial on that affair from the Honble. Robt. Morris Esqr. which exhibits after much candid narration, a Prayer," that Congress will cause a fair and public Sale to be made of the Vessel and her Cargo, that the charge and expence arising on the Sale be paid and the remainder or Net Proceed be invested in Loan Office Certificates bearing Interest for the benefit of the true and Lawful proprietors of said Vessel and Cargo."

The Ideas of the Memorialist are, that from this very partial restitution of original property, "the Original Owners will obtain Justice and reparation," in which from the prejudice of my Education I have the misfortune to differ extremely: that "the Owners of the Phoenix will be relieved of all their difficulties ". this sentiment precisely accords with my own, but unfortunately I cannot from any consideration unite with any set of Men in an attempt to dupe Congress into a participation of the Crimes or follies of those good Owners. then closes the pious peroration" thus, the National Faith and Credit of these Infant States will remain Inviolate". had this been intimated by any Man of less understanding and Virtue than the Memorialist I should have been prompted to pronounce it, "Matchless impudence and Ignorance". now I suspend a sentence.

This Phoenix Memorial, is however Committed to five and had preengaged strong Advocates.

the Memorialist altogether pleads ignorance of the orders given to seize Portugueze Vessels and adds 2 his renunciation of the Act sometime after

7 See nos. 137, 151, post.

[136]1 N. Y. Pub. Lib., Samuel Adams Papers; S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 6 (with small variations).

2 This word was substituted for “pleads” in the letter sent, while the LetterBook copy has "cites ".

the Vessel arrived at Boston. these might have made a different impression upon my mind, had it not been hardened by a retrospection to three or four antecedent circumstances and by the present definition of Private Justice and Reparation" and of public "National Faith and Credit". I now perceive these, calling aloud for a thorough Investigation of the Crime committed, and that it is necessary if the Laws are defective for punishing Pirates and the prompters of Pirates we ought by doing complete Justice to the Injured Original Owners, and by affixing a Public Stigma upon the Offenders, display to the World that we entertain a just sense of, and that we are determined to keep Inviolate "the National Faith and Credit of these Infant States ".

3

I have spoken these things freely Sir, in the confidence which you have heretofore been pleased to vest in me. this is a Public matter and will be followed with great consequences. it is, in the Power of the People and 'tis their Duty by wise determinations to draw them to contribute to, I should say to establish the Honour of the American Union, without regard to private considerations.

I am to request of you Sir if the Proceedings in Admiralty are not very prolix to obtain a Copy of and transmit them by the bearer hereof who is furnished with Money to pay the Office Fees-and I shall flatter myself with hopes of your sentiments in addition.* ..

Sir,

137. HENRY LAURENS TO THE MARQUIS DE Lafayette.1

1

7th March 1778.

I spoke again this Morning to Genl. Gates on the subject of recalling Your Excellency to Genl. Washington's Army and although we differed in opinion I really believe he means well. however when the recommendation came before Congress, I could not, consistantly with honour and Love to my Country, forbear intreating Congress to hear my sentiments. I marked out the good your Excellency was performing in the Northern department, and the effect which an Order of recall from the Board of War, might have. the House agreed to postpone the Consideration of that Report and nothing will be done until we hear from your Excellency.

In the Letter-Book copy the expression is "proper Public Stigma".

4 See the Journals, Mar. 6, May 11, and no. 267, post. Some members of Congress were already viewing askance the conduct of Morris as a member of the commercial committee, and this affair of the Portuguese vessel served to crystalize the criticism of him. The affair came to a head in January, 1779, when Morris issued a statement to the public explaining his conduct (Jan. 7, 1779, vol. IV. A brief account of the episode is found in Wallace, Life of Laurens, ch. XXII.

The Portuguese vessel captured by the privateer Phoenix is referred to in the earlier proceedings of Congress as Our Lady of Mount Carmel and Saint Anthony. In the later proceedings varying attempts were made to give the name in the original Portuguese form. In Henkels, Catalogue, no. 1183 (items 226A, 227, 228) are listed three letters to Robert Morris, or to Willing, Morris, and Co., from Joseph Cunningham, captain of the Phoenix, two of them, written from Boston Oct. 16 and Dec. 24, 1777, respectively, describing the capture of the Portuguese vessel. Adams's reply to Laurens's letter has not been found.

[137] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept. 1778, p. 4.

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