by the Enemy or the Tories, or their being liberated by habeas corpus, as the General Assembly had not suspended the habeas corpus Act. I have heard that they have since been taken, and discharged by ha. cor. and that Gordon has again joined the Enemy. Tho' it was perfectly right to enlarge them on this committment, yet the charge made agt them by Congress would have been sufficient ground for my brother Chief Justice to have bound them to the [ir] Good Behaviour. I should have mentioned this affair to you or Mr. Read before, but that it was ordered to be kept secret, lest the execution of it should be frustrated. I was called upon to name some of the most dangerous men in the State to be added to the others, but I refused, alledging the people there were now becoming good Whigs, and I hoped there would be no occasion.3 Now for most important intelligence. You will receive ten papers herewith, published by Congress, which will give you part of it, and which I must beg you will distribute among the Members of the General Assem bly. The Bills have been passed into laws, and Lord Amherst, Admiral Keppel and General Murray are the Commissioners. This whole affair will (I know) surprize you, but it has been owing to preliminaries for a treaty with Congress from France being intercepted, tho' the duplicates have not yet been received here. I have not a fear of an Acknowledgin't of our Independance, and an honorable peace, if British Honors, Offices and Gold do not tempt and corrupt your Members of Congress and the Generals and principal Officers of the Army. Do Sir, as I have not time to write to any body else, press the General Assembly to send two more Delegates here, and inform them that you know with certainty I am determined never to give up the Independance of the United States, after so much expence of blood and treasure, whilst I have a breath to draw; that I shall neither be allured nor intimidated into it; and that, if this resolution should not meet with their fullest approbation, they would be pleased to remove me immediately. God grant us virtue and fortitude in this hour of trial. I have worked double tides (as the Sailors say) all the last week, being every day in Court, and also in Congress, which latter sat on the Fast Day and also yesterday. Our Officers will be allowed half pay for life, under sundry limitations and restrictions; the thing not finished but near it. The Bell tolls for Congress. Adieu. I am, dear Sir, YORK TOWN, April 28th 1778. Your most obedient humble Servant 231. HENRY LAURENS TO JACOB CHRISTOPHER ZAHN.1 Dear Sir, 28th April 1778 We have been long battleing in Congress on a half pay establishment to take place after the present War for our Officers which I hold to See the Journals, Mar. 26, Apr. 10, 13, 15, 20, 23, May 21. Cf. nos. 176, 207, 208, 210, 217, 220, ante. Nos. 203, note 5, 213, note 2, ante; also Letters of Richard Henry Lee, I. 394[231] S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 61. Addressed to him at Sante, South Carolina. be inconsistant with our original Compact, unjust in a comparative view with the Militia and with the Soldiery in general unconstitutional and dangerous. upon these several branches I have endeavored to reason against the measure and may by and by shew you my sentiments. if the Question is carried it will be by a bare Majority of one State.2 Dear Jay: 232. GOUVERNEUR MORRIS TO JOHN JAY.1 YORKTOWN, 28th April, 1778. We have ordered troops from the highlands, but we will send thither a general, who shall be empowered to call forth the swarms of the eastern hive. Men were necessary at the Valley Forge. I have a good knack at guessing. I guess the enemy won't attempt Hudson River. I do think of Vermont: and unless I mistake, matters shall be managed to effect, without bellowing in the forum, which I believe hath been a little too much the case. But why should I blame impetuous vivacity-hath it never led me into an error? Putnam will soon be tried. The affair of Schuyler and St. Clair laboured under awkward circumstances. Their friends and their enemies appear to me to have been equally blind. I enclose extracts from the minutes made the other night to possess myself of the real state of facts. There are some other entries from time to time. It was erroneous to order a committee simply to collect facts; they should have been directed to state charges. This morning, my colleague being absent, I got a committee appointed for the latter purpose: Sherman, Dana (Massachusetts), and Drayton (South Carolina). This was unanimous, and yet I would have undertaken to argue for it in a style which would absolutely have ruined the measure. You know it would have been easy to say, justice to those injured gentlemen, instead of justice to an injured country requires, etc. Great Britain seriously means to treat. Our affairs are most critical, though not dangerously so. If the minister from France were present as well as him from England, I am a blind politician if the thirteen States (with their extended territory), would not be in peaceable possession of their independence three months from this day. As it is, expect a long war. I believe it will not require such astonishing efforts after this cam 2 Cf. no. 222, note 5, ante. Zahn's middle name as entered in the letter-book may be either "Christ"." or "Christ"." Jacob Christopher Zahn is mentioned in A. S. Salley, jr.'s History of Orangeburgh County, pp. 275-276, as a representative from St. Matthew's Parish, Orangeburgh District, in the South Carolina assembly in 1779. In 1775 he was a member of the provincial congress (ibid., p. 258). [232]1 Correspondence of Jay (ed. Johnston), I, 177. 2 General Gates had been ordered to Fishkill Apr. 15, to take command of the Northern_department. 8 See nos. 127, ante, 237, 381, 426, post. 4 Washington sent the report of the court of inquiry to Congress July 28. See the Journals, June 20, Aug. 4, 17. According to the Journals the committee was appointed Apr. 29. The date at the head of this letter may therefore be an error. The committee "to collect the evidence and the facts relative to the evacuation of Ticonderoga and Mount Independence" was appointed Aug. 28, 1777. See no. 181, note 4, ante, and nos. 243, 308, post. paign to keep the enemy at bay. Probably a treaty is signed with the house of Bourbon ere this; if so, a spark hath fallen upon the train which is to fire the world. Ye gods! what havoc doth ambition make among your works. 233. THOMAS BURKE TO THE NORTH CAROLINA ASSEMBLY.1 [April 29, 1778.] I beg leave to submit to the Assembly the following State of Facts and the proofs relating to them, also of my Motives and Sentiments which gave occasion to the transmissions from Congress.2 General Washington had written complaining of some Embarrassments in forming a Cartel occasioned by several Resolutions of Congress which he deemed inconsistent and requesting something to be done to remove them. A Committee was appointed to draught an answer. A draught was reported and it was the subject of Debate on the 10th of april it was in many parts in my opinion exceptionable and I together with some other Members opposed those parts. The members of the Committee were very strenuous in their Endeavours to carry it through. The Exceptionable Parts seemed calculated to wound the General's Sensibility, and I could perceive no Necessity for it. After the Day until ten O'clock at Night had been Spent in debate on One paragraph which was at length amended, an adjournment was moved for, and the Committee Strenuously pressed to go through the remainder of the Letter that night tho at so late an Hour. I who had sustained a principle part in the Debate was totally unable to continue any longer by reason of the violence of a fit of an Intermitting fever under which I labored. 3 I admit that I withdrew etc. My reasons were the following The subject under Debate was a Draught of a Letter to General Washington reported by a Committee, in answer to one relative to the Exchange of Prisoners in which he complained of being wounded in his feelings and embarrassed by Some Resolutions of Congress which appeared to him inconsistent. The Draught seemed exceptionable in many parts which tended to give pain to the General without answering any good purpose, and they were opposed by some other members and myself. the whole day until 10 at night was taken up with Debate on One paragraph which was at length amended. At that late hour the members of the Committee pressed very strongly to proceed and finish the letter before adjournment. They 4 [233] N. C. Hist. Comm. Rough draft undated and unsigned, but in the writing of Thomas Burke. 2 See nos. 220, 225, 226, ante, 235, 236, post. This statement was probably written for presentation to the North Carolina assembly at the time when that body took Burke's affair with Congress into consideration, but it may appropriately be placed here, alongside of the other principal documents relating to the affair. Governor Caswell submitted the matter to the assembly Aug. 12, and the report upon it by a committee, of which William Hooper was chairman, was brought in Aug. 14. (See N. C. State Recs., XII. 769, 792, 825, 843. The report is also found ibid., XIII. 208.) See also no. 531, post. 3 Burke has here rewritten his statement of the proceedings of Apr. 10. + Following the word "adjournment" the words that night" are erased. The word "strongly " was substituted for "strenuously ". 5 seemed very strenuous for carrying through the draught as reported. I was of opinion that it ought to undergo many amendments which from that day's debate I perceived could not be Effected without very Strenuous Opposition. I deemed it therefore very improper to proceed when our faculties were exhausted. besides this General reason I had one peculiar to myself. I had been obliged to take a principle part in the Debate altho during the whole afternoon I labored under a severe fit of an Intermitting fever, and at the time when the Question for adjournment was debated was so oppressed with the head ach attending it as to be unable to give due attention to any Subject. [I found that my Endeavours were necessary for procuring the amendments to the report and could not reconcile it to my Duty or to my Sense of Justice, honor, or Utility to let it pass without using every Endeavour in my power to have it amended in the exceptionable parts.]' I have penetrated the personal character of General Washington. in my Judgement he is a good officer and most excellent Citizen, moved only by the most amiable and disinterested Patriotism, he perseveres in encountering extreme difficulties dangers and fatigues under which he seems sensible of no uneasiness but from the Misfortunes of his Country and of no pleasure but from her success. his few Defects are only the Excess of his amiable Qualities, and tho I am not of opinion that any Individual is absolutely Essential to the success of our Cause, yet I am persuaded his loss would be very severely felt, and would not be easily supplied. with this Idea of him, I could not but deem it very impolitic to hazard giving him disgust when no good cause required it. Nor could I avoid deeming it unjust, and ungenerous to give unnecessary offence and Insult to so worthy a man who had so well deserved of his Country. had a Majority of Congress been for it, I would nevertheless have used my most strenuous endeavours against it, for neither as the Citizen or Magistrate will I ever forgoe the Sentiments of the Independent Republican, but as I had great reason to believe that very few in Congress would agree to such a Measure if rightly understood and even the few would err Rather through excess of misplaced Zeal than ill disposition, there were still Stronger reasons for my wishing to prevent its passing when it could not receive due examination, and when I was totally incapable of performing my Duty. the Debate of the preceding day had Convinced me that even my Endeavours were not altogether unnecessary. the Sequel of the Business sufficiently Evinced that I Judged not amiss. the Report underwent long and Strenuous debates and was finally amended nearly agreeable to my Idea. Tis true that departing without leave is in strictness a breach of order, but it had been usually done, without reprehension, and I only used the same liberty which every other member had frequently done and in some recent Instances by two members of the Committee on Occasions far from being so proper or excusable as that under Consideration. 5 The words "Much debate and" are here erased. 66 The word "totally" before 'unable" is erased. The passage in square brackets is marked "Dele" in the margin. The idea is expressed more cautiously farther on. 8 In the letter to Governor Caswell (no. 235, post), Burke gives a more complete and finished account of the affair. Sir 234. THE CONNECTICUT DELEGATES TO THE Governor YORK TOWN 29th April 1778 We are honor'd with your Excellency's favour of the 3d Inst. by Brown Note the Contents. with regard to the Regulating Act the State of Pennsylvania have Suspended it and the other States to the Southward of this have done nothing on the Subject, not so much as appointed Committees to meet and take the matter under Consideration as we can learn. a Committee of Congress, appointed to take into Consideration the doings of the Committee at New Haven, have made their Report that the proceedings of the Committee at N. Haven be Sent to all the Southern States, and recommended to their Serious Consideration and that the Northern States Suspend the Act, in the mean time until they have further advise on the Subject from Congress-but no Resolution of Congress, is as yet passed on their Report-but we Expect it will soon be brought upon the Carpet. Congress have in Contemplation a plan for making a large reduction of the Circulating quantity of Bills, as the most natural, and easy method of Supporting their Credit, hope this plan may soon be perfected. 2 It appears to us from the best Sentiments we are able to Collect, that the Southern States never will adopt the regulating Act. The marine board Seemd Sensible of Capt. Harding's Merit and on your Excellencies recommendation would have made his appointment accordingly had it been feasible-but their [sic] had been a predetermination that Capt. Hinman Should take the Command of that Frigate if he arrives in Season; indeed their are a number of Capts. in the Continental Navy which they think may not be pass'd over, as several of them have now no Vessels and Consequently are out of Employ tho' on Wages. we wish to be favoured with an Acct of Mr. Bushnell ['s] Expences; as we are fully of opinion, that his genious ought to be encouraged and Rewarded at a Continental Expence, and shall take the Earliest Opportunity to urge it. 5 The States of Virginia and N York have fully Acceded to the Articles of Confederation South Carolina, Pensylvania, Rhode Island, and Massachusets have Instructed their Delegates to move for some alterations with power to rattify, Some what Similar to Connecticut. Some of the States have not yet furnished their Delegates with their proceedings [234]1 Conn. State Lib., Joseph Trumbull Papers, no. 168 (copy). ante. 2 The matter was brought up May 7. See also the Journals, Apr. 8, and no. 198, 3 Cf. no. 218, ante, and no. 243, post. * Seth Harding was chosen captain of the Confederacy Sept. 25, 1778. Elisha Hinman was captain of the Alfred (see the Journals, Oct. 10, 1776), having previously been in command of the Cabot. David Bushnell, whose experiments with the submarine American Turtle had been carried on by the aid of the Connecticut state government. See vol. II., p. 20 n.; also Conn. Col. Recs., XV. 233-236, Conn. State Recs., I. 212, 580. Cf. Paullin, Navy of Am. Rev., p. 363. |