SIR,

TO GOVERNOR LIVINGSTON.

HEADQUARTERS, Wilmington, 1 September, 1777.

I have been duly honored with your several favors of the 15th, 28, and 29 ulto, and observe their contents.' From the papers you have sent there can remain no doubt, that Mr. Troup's true errand, what ever may be his ostensible one, was to recruit men for the British army; and after being so clearly detected should he escape punishment it cannot fail to have the disagreeable influence you mention on the minds of the people, and to be an encouragement to other adventurers. As a similar instance however has not before come under my direction I have ordered a special Court-Martial, on the occasion composed of men of judgment and moderation to sit upon the occasion, and I have every reason to expect their decision will be dispassionate and well founded. is doubted whether the military jurisdiction comprehends a case of this kind. This will be well considered, and if the court can with propriety go into the trial and their sentence should be such as it is naturally to be expected it will be, I do not think from my

It

1 The draft of this letter contained the following sentences that were stricken out in the letter sent: "The daring practice of sending their recruiting officers among us, has been for some time past so familiar with the enemy, and has been attended with so much success, that it demands vigorous measures to put a stop to it ;-and how much soever we may be disposed to mercy, the public good will hardly suffer us to indulge this disposition when offenders of so dangerous a kind come under our notice."

Troup was a lieutenant in the third battalion of the New Jersey (Loyal) Volunteers. He was captured while at dinner. His brother was an aid to Gates.

present view of the matter that it will be in my power to mitigate or remit his punishment, though I shall sensibly feel for his friends, who cannot but be deeply affected by his fate.

Your reason for not entering upon the business of dividing the State districts, till the ensuing meeting of the assembly is entirely satisfactory.-I have no doubt you are sufficiently impressed with the importance of carrying the measure into speedy execution and will use all your influence to have it done.

I am sorry you have no better prospect as to the number of militia, you expect collect; but considering all the circumstances you mention, it is not [to] be wondered at that a people harrassed and exhausted by having their country so long the seat of the war should be unwilling to quit their homes; especially when they have an enemy still at their doors.

I am fully convinced of the pernicious consequences of that abuse of passports you speak of. The liberty that has been taken in granting them, was altogether unauthorized by me, and contrary to my wish.—I am glad to find you are determined to put a stop to the practice with respect to your militia officers, who alone will now have it in their power to continue it, as the Continental troops are all called away; and Doctor Barnet who has been so peculiarly culpable, and who had not a shadow of right to grant a single passport, will also be immediately removed.'

1 "I have sufficient evidence to believe that a constant communication and commercial intercourse has been held for a considerable time past with the enemy by many of the Inhabitants of the County of Essex. That these communications have been principally supported by means of Flaggs and Passports obtained from divers officers of the Army under your Excellency's command,

You will ere this have heard of the enemys advancing from the place of their first landing, and occupying with their van a piece of high-ground called Greigs-Hill, they still remain in this position, and it is difficult to say how soon they will alter it. All accounts agree that they are very much distressed for want of horses, numbers of which it is said died on the passage, and the best are in exceeding bad order; this will probably occasion some delay and give time for the Militia, who seem to be collecting pretty fast to join us. We have light parties constantly hovering about them, who frequently make a few prisoners,' and will be no inconsiderable check upon them.

They have as yet experienced little countenance from the inhabitants, and as we have accounts of their perpetrating outrages similar to those they have com

who for some time past have been stationed at Elizabeth Town, Newark, and other places near the Enemy's Lines.

"Under color of these Flaggs or Permits, which from their Frequency must be supposed (to use the softest Term) to have been imprudently granted, great mischiefs have arisen to these parts of the Country-mischiefs, I imagine, greatly superior to the advantages that may be pretended to be derived from any Intelligence that can be gained thereby. Persons of dubious political Characters, as I am informed, have been sent over; Provisions for the aid and comfort of the British Troops furnished: a pernicious and unlawful Traffic carried on; the little specie left among us collected with the greatest avidity to maintain this execrable Trade; and the Continental currency by that means depreciated : opportunities afforded the Enemy of circulating their counterfeit Bills; and the disaffected of conveying to them Intelligence of every movement and designed operation of our Troops; the Confidence of the People in the Integrity of our officers diminished and a universal murmuring excited among the Friends of the common Cause."-Governor Livingston to Washington, 15 August, 1777.

The Doctor Barnet mentioned was a captain of horse, and was "much addicted to strong drink, and having very little discretion when sober." He was suspected of tory principles.

I The whole number already made is about 70.-Note by Washington.

mitted elsewhere, I am in hopes, their conduct here, as in other places, will not be of a complexion to concilitate many new partisans to their cause.

P. S. Since writing the above, the judge advocate of the Court Martial above mentioned has called upon me, and reported that the Court had proceeded upon the tryal of the Prisoner, but on account of one point of his defence which requires time to be investigated had postponed their final decision, and adjourned to a future day the 16th Inst. Mr. Troup, pretends that he came out with design to avail himself of the offer of grace held out in your proclamation, but finding the people much exasperated against him and hearing that a man had been hanged who had applied for the benefit of that proclamation he was deterred from applying to you in person till he had made his peace, through the mediation of a third person & secured his terms: That for this purpose he had communicated his intention to one Philip Schout & his mother, residing near Charlottenburgh, who were to intercede with a certain Mr. Donoworth that lives with Mr. Erskind at Ringwood, in order to engage him to solicit you in his, Mr. Troup's, behalf. He lays great stress upon this; though it is probably a mere pretence; but as the court have indulged him with time to have his witnesses produced, I shall be much obliged to you to notify the persons above mentioned that their immediate attendance at Head Qrs. is required, and to have them sent on without delay. -You will also be pleased to inform yourself of their characters, particularly in a political light.

SIR,

TO THE PRESIDENT OF CONGRESS.

WILMINGTON, eight o'clock, P. M., 3 September, 1777.

I have this minute returned to Head-qrs, where I found your favor of this date, with the resolves respecting Genl Sullivan, and Colol Richardson's Battalion. I had conversed with Genl Sullivan upon the Subject, and observed to him that it was necessary an Inquiry should be had relative to the affair at Staten Island, as his conduct was censured, and much dissatisfaction prevailed. He was sensible of the propriety of the measure, and expressed a desire that It should take place, provided he could have the benefit of Genl Smallwood's testimony, who was on the expedition. That gentleman happens at this time to be in Maryland, which must necessarily delay the Inquiry, unless some mode can be agreed upon for obtaining his sentiments upon the matter.'

This morning the Enemy came out, with a considerable force and three pieces of artillery, against our Light advanced corps, and, after some pretty smart skirmishing, obliged them to retreat, being far inferior in number, and without Cannon. The loss on either side is not yet ascertained; ours, tho' not exactly known, is not very considerable; theirs, we have reason to believe, was much greater, as some of our parties, composed of expert marksmen, had opportunities of giving them several close, well-directed fires,

1 Rumors had circulated to the disadvantage of General Sullivan, in regard to his expedition against Staten Island, and Congress had directed General Washington to appoint a court of inquiry to investigate the matter, and report thereon.-Journals, September 1st.