Had the constitution of the court been entirely regular, I do not conceive I could with propriety alter the capital punishment into a corporal one. The right of mitigating only extends, in my opinion, to lessening the degree of punishment, in the same species prescribed; and does not imply any authority to change the nature or quality of it altogether. I am, sir, &c.1

SIR

TO GOVERNOR LIVINGSTON.

VALLEY FORGE, 14 February, 1778.

I do myself the honor of transmitting you a Letter from the Committee of Congress, now here. These gentlemen have represented the distress of the Army for want of provision so fully and in so just a light, that I shall forbear to trouble you with further observations upon the subject.-I shall only observe,

1 "You mention some scruples, as to the operation of our articles of war, with regard to intentional, or attempted desertion, cases of mere intuition, unexpressed in any act, notwithstanding the confession of the criminals, I do not conceive, to fall within the meaning of that article, which particularly relates to desertion, or to be susceptible of capital punishment; but where intention and any acts, expressive of it, correspond, I think there can be no doubt of the propriety of construing it into desertion, and inflicting the sentence of the law. When a man is found at an improper distance from the camp, or in circumstances that indicate an attempt to desert, he is certainly to be considered and treated as a deserter. If not, the attempt, or nothing but the full execution of his design, were to be deemed desertion, the crime would never, or very rarely be ascertained; for, in order to that, it would be necessary the soldier should have been actually with the enemy and afterwards recovered. When difficulties occur, the spirit rather than the letter of the law is to be consulted, and this appears clearly to be intended by that part of the oath prescribed to Courts Martial, which declares, 'that when any doubt shall arise which is not explained by the articles, the court is to determine, according to conscience, the best of their understanding, and the custom of war in like cases.'"— Washington to General Smallwood, 21 February, 1778.

that if the picture they have drawn is imperfect it is because the colourings are not sufficiently strong; it does not exceed our real situation. From your real and earnest wishes to promote the service, I am firmly convinced we shall have every relief in your power to give. I should have troubled you before on this interesting and alarming business-had I not supposed Congress the proper Body to have been informed, and that the means of relief should be under their direction.

Not to mention our distresses the last campaign and that we were supplied from hand to mouth and frequently not at all, from the day Mr. Trumbull left Commissary department, this is the second time in the course of the present year, that we have been on the point of a dissolution, and I know not whether the melancholy event may not take place.

The subject of Horses too is so fully explained by the Committee that it is needless for me to enlarge on that head. The advantages derived from a respectable cavalry will strike you at once, and I have the most entire confidence that you will with pleasure afford any aid in your Power to promote our views in this instance. I have &c.

DEAR SIR,

TO RICHARD HENRY LEE.

Valley Forge, 15 February, 1778.

Your letter of the 2d ultimo, from Chantilly, enclosing Lieutenant-Colonel Frazer's orders for the

management of the grenadiers and light-infantry in an action, and upon a march, came to my hands in the course of last month, and merits my thanks, as it may be of use to such corps, one of which, consisting of light-infantry, we are now forming. The enemy are governed by no principles that ought to actuate honest men; no wonder then, that forgery should be amongst their other crimes. I have seen a letter published in a handbill at New York, and extracts from it republished in a Philadelphia paper, said to be from me to Mrs. Washington, not one word of which did I ever write. Those contained in the pamphlet you speak of are, I presume, equally genuine, and perhaps written by the same author.' I

"The arts of the enemies of America are endless, but all wicked as they are various. Among other tricks, they have forged a pamphlet of letters, entitled 'Letters from General Washington to Several of his Friends, in 1776.' The design of the forger is evident, and no doubt it gained him a good beefsteak from his masters. I would send you this pamphlet, if it were not too bulky for the post, as it might serve to amuse your leisure hours during the inaction of winter."—Richard Henry Lee to Washington, 2 January, 1778. The letters referred to are those printed as spurious in Vol. IV. of this collection.

"Since my last to you about the end of January, I have been favored with your letter of the 12th of that month, which did not reach my hands till within these few days. The question there put was, in some degree, solved in my last. But to be more explicit, I can assure you, that no person ever heard me drop an expression that had a tendency to resignation. The same principles, that led me to embark in the opposition to the arbitrary claims of Great Britain, operate with additional force at this day; nor is it my desire to withdraw my services, while they are considered of importance in the present contest; but to report a design of this kind is among the arts, which those, who are endeavoring to effect a change, are practising to bring it to pass. I have said, and I still do say, that there is not an officer in the service of the United States, that would return to the sweets of domestic life with more heartfelt joy than I should. But I would have this declaration accompanied by these sentiments, that, while the public are satisfied with my endeavours, I mean not to shrink from the cause. But the

should be glad, however, to see and examine the texture of them, if a favorable opportunity to send them should present.

Lord Cornwallis has certainly embarked for England, but with what view is not so easy to determine. He was eyewitness a few days before his departure to a scene, not a little disgraceful to the pride of British valor, in their manoeuvre to Chesnut Hill, and precipitate return, after boasting their intentions of driving us beyond the mountains.

I am very glad to find, that the Assembly of Virginia have taken matters up so spiritedly; but wish, instead of attempting to raise so many volunteers, they had resolved at all adventures to complete their regiments by drafting. If all the States would do this, and fall upon ways and means to supply their troops with comfortable clothing upon moderate. terms, and Congress would make the commissions of officers of some value to them, every thing would probably go well, making at the same time some reform in the different departments of the army; nothing standing in greater need of it, than the quartermasters and commissaries, as no army ever suffered more by their neglect; the consequences of this neglect are much to be dreaded.

I am, dear Sir, your most obedient servant.

moment her voice, not that of faction, calls upon me to resign, I shall do it with as much pleasure as ever the weary traveller retired to rest. This, my dear> Doctor, you are at liberty to assert; but, in doing it, I would have nothing formal. All things will come right again, and soon recover their proper tone, as the design is not only seen through, but reprobated."— Washington to Rev. Dr. Gordon, 15 February, 1778.

DEAR SIR,

TO GOVERNOR GEORGE CLINTON.

HEAD-QUARTErs Valley Forge, 16 February, 1778.

It is with great reluctance I trouble you on a subject, which does not properly fall within your. province; but it is a subject that occasions me more distress, than I have felt since the commencement of the war; and which loudly demands the most zealous. exertions of every person of weight and authority, who is interested in the success of our affairs; I mean the present dreadful situation of the army for want of provisions, and the miserable prospects before us with respect to futurity. It is alarming, than you will probably conceive; for, to form a just idea, it were necessary to be on the spot. For some days past, there has been little less than a famine in camp. A part of the army has been a week without any kind of flesh, and the rest three or four days. Naked and starving as they are, we cannot enough admire the incomparable patience and fidelity of the soldiery, that they have not been ere this excited by their suffering to a general. mutiny and dispersion. Strong symptoms, however, of discontent have appeared in particular instances; and nothing but the most active efforts everywhere. can long avert so shocking a catastrophe.

Our present sufferings are not all. There is no foundation laid for any adequate relief hereafter. All the magazines provided in the States of New Jersey, Pennsylvania, Delaware, and Maryland, and.