have been neglected in arrangements posterior to their capture; as has been too much the case?While they continue prisoners, whether in possession of the enemy or out on parole, they can have little opportunity of prosecuting any business for a livelihood, and must be in a distressful situation, unless they have a private fortune sufficient to maintain them.

It has in many instances happened, that officers in captivity have been omitted in promotions made in their absence; upon which a question has arisen whether there should not be a restoration of rank, with respect to those who are men of merit. It seems but reasonable there should.

Several new regulations will, I imagine be found useful in the articles of war; which the Judge Advocate, from his official experience of the deficiency, can more accurately indicate. One thing we have suffered much from, is the want of a proper gradation of punishments: the interval between a hundred lashes and death is too great and requires to be filled by some intermediate stages. Capital crimes in the army are frequent, particularly in the instance of desertion actually to inflict capital punishment upon every deserter, or other heinous offender would incur the imputation of cruelty, and by the familiarity of the example, destroy its efficacy: on the other hand to give only a hundred lashes to such criminals. is a burlesque on their crimes rather than a serious. correction, and affords encouragement to obstinacy and imitation. The Courts are often in a manner

compelled by the enormity of the facts to pass sentences of death, which I am as often obliged to remit, on account of the number in the same circumstances, and let the offenders pass wholly unpunished. This would be avoided, if there were other punishments short of the destruction of life, in some degree adequate to the crime and which might be, with propriety substituted.1

:

Crimes too are so various in their complexions and degrees, that to preserve the just rule of proportions, there ought to be a gradual scale of punishments; in order to which, whipping should be extended to any number at discretion, or by no means, limited lower than five hundred lashes.

Upon the whole, Gentlemen, I doubt not you are fully impressed with the defects of our present military system, and the necessity of speedy and decisive measures, to put it upon a satisfactory footing. The disagreeable picture, I have given you, of the wants and sufferings of the army, and the discontents reigning among the officers, is a just representation of evils equally melancholy and important; and unless effectual remedies be applied without loss of time, the most alarming and ruinous consequences are to be apprehended. I have the honor to be, &c.

44

'This question of punishment was not acted upon by Congress, and on 24 August, 1778, there being eleven prisoners under the sentence of death, and the same objections as are mentioned in this letter existing against such wholesale examples, a council of the general officers recommended that severe hard labor" be made the intermediate punishment between one hundred lashes and death, and such labor to be expended in repairing roads, fortifications, and other necessary public works.

SIR,

TO SIR WILLIAM HOWE.

HEAD-QUARTERS, 30 January, 1778.

I have duly received your letter of the 19th ultimo. It is unnecessary to enter minutely into its contents, since the enclosed resolutions of Congress will show you, that the matter is now put upon a footing different from that mentioned by Mr. Boudinot; which, at the same time, you will be pleased to consider as final and decisive, and to regulate your measures accordingly. I should be glad, as soon as possible, to be favored with your determination in consequence, especially on those parts numbered in the margin of the resolves; to which I must request a speedy and explicit answer.

There is one passage of your letter, which I cannot forbear taking particular notice of. No expression of personal politeness to me can be acceptable, accompanied by reflections on the representatives of a free people, under whose authority I have the honor to act. The delicacy I have observed, in refraining from every thing offensive in this way, entitled me to expect a similar treatment from you. I have not indulged myself in invective against the present rulers of Great Britain, in the course of our correspondence, nor will I even now avail myself of so fruitful a theme.

The quartermasters, permitted to go with the clothing, appeared to me sufficient for the purpose; for, though the prisoners are in different places, yet they lie chiefly on a direct communication. If upon any future occasion you should conceive a greater number requisite, you will inform me of it previously

to their coming, and I shall be ready to comply, as far as I think myself justified. Whether your sending out more than one British quartermaster was an encroachment upon the spirit of the agreement between us, shall not now be matter of discussion. But can it be said there is any thing in it, that can reconcile the coming out of Captain McCleod? I have the honor to be, &c.'

SIR,

TO HENRY LAURENS.

VALLEY FORGE, 31 January, 1778.

I this morning received your favor of the 27th instant. I cannot sufficiently express the obligation. I feel to you, for your friendship and politeness upon an occasion in which I am so deeply interested. I was not unapprized, that a malignant faction had been for some time forming to my prejudice; which, conscious as I am of having ever done all in my

1 "A letter from Congress will accompany this, containing two resolutions relative to prisoners. You will perceive by them, that Congress go upon the presumption of our furnishing our prisoners in the enemy's hands wholly and entirely with provisions. Their fixing no rule for liquidating and accounting for the rations heretofore supplied by the enemy is a proof, that they do not intend them to continue, but expect our prisoners will hereafter be altogether victualled by ourselves. This is a matter, to which it will be necessary to attend carefully, both that a competent supply may be immediately ready for the purpose, and that there may be no deficiency in future; otherwise the consequences may be dreadful, for the past conduct of the enemy gives too much reason to apprehend, that they would not be very apt to relieve wants, to which we had undertaken wholly to administer."-Washington to Boudinot, 3 February, 1778. As to clothing, I have no doubt but General Howe has denied us the liberty of purchasing. This is now a subject of difference between us, and the design of our insisting that he shall victual his troops in our hands by a certain day is to oblige him to consent to that measure."Washington to Gates, President of the Board of War, 26 January, 1778.

power to answer the important purposes of the trust reposed in me, could not but give me some pain on a personal account. But my chief concern arises from an apprehension of the dangerous consequences, which intestine dissensions may produce to the

common cause.

As I have no other view than to promote the public good, and am unambitious of honors not founded in the approbation of my country, I would not desire in the least degree to suppress a free spirit of inquiry into any part of my conduct, that even faction itself may deem reprehensible. The anonymous paper handed to you exhibits many serious charges, and it is my wish that it should be submitted to Congress. This I am the more inclined to, as the suppression or concealment may possibly involve you in embarrassments hereafter, since it is uncertain how many or who may be privy to the contents.

me.

My enemies take an ungenerous advantage of

They know the delicacy of my situation, and that motives of policy deprive me of the defence I might otherwise make against their insidious attacks. They know I cannot combat their insinuations, however injurious, without disclosing secrets, which it is of the utmost moment to conceal. But why should I expect to be exempt from censure, the unfailing lot of an elevated station? Merit and talents, with which I can have no pretensions of rivalship, have ever been subject to it. My heart tells me, that it has been my unremitted aim to do the best that circumstances would permit; yet I may have been very often mistaken in my judgment of the means, and