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as convinced me he thought lightly of Conway. shall such a Man seperate friends or keep them asunder? it must not be." My Dear Son I pray God protect you

HENRY LAURens.

Lt. Colonel Laurens.

73. JONATHAN BAYARD SMITH TO THE ACTING President of
PENNSYLVANIA (GEORGE BRyan).1

Dr. Sir,

YORK TOWN, Feb. 3d, 1778.

Nothing since has occurred

I wrote you a few days ago by worth your notice. The Assembly of Virginia has acceded to the Confederation. I do not think, however, they have treated the matter with form equal to its importance. Does it appear proper to raise so great a fabrick on the slender basis of a simple resolution of the two houses? Will not legal consequences follow from this confederation? I apprehend it would be not only proper, but that it would answer many valuable purposes if more form were used, at least if the articles were approved and acceded to by a law of each State solemnly enacted, and in which law perhaps it may be expedient to insert certain matters connected therewith." It is a question in this house, whether suits can be supported for the recovery of particular** moneys in the several States. What think you of this? This may be one object in the act I speak of.

My dear Sir

74. JOHN PENN TO ROBERT MORRIS.1

YORK Feby 4th 1778

I intended before this to have seen you at Manheim. Mr. Harnet2 being unable to attend Congress having the Gout, will make it some days before I can have that pleasure.

The design of this letter is to inform you that I wish you would lay the accounts of the Secret Committee, before Congress as soon as you can possibly. some members at times drop expressions on that subject that I do not like. There are few men whose Ability and Integrity I have so high an opinion of, as I have of yours. I do not mean to alarm you by

5 Replying to his father, Feb. 9, John Laurens says: "I could not forbear communicating a part of your favour of 3d inst., to our friend; he seems sensible that the gentleman, who you mention to have conversed with you upon certain matters, is only the instrument of more dangerous and inveterate personages." Army Correspondence, p. 121. Cf. nos. 60, 61, ante. See also Washington to Landon Carter, May 30 (Writings, ed. Ford, VII. 37, ed. Sparks, V. 388).

[73]1 Pa. Arch., first ser., VI. 232.

2 The Articles of Confederation were approved by the Virginia house of delegates Dec. 15, and by the senate Dec. 16. From the modern point of view at least the act of ratification was sufficiently formal and dignified. Cf. Lovell's remarks respecting the ratification by New York (no. 161, post), and the form of ratification proposed by Congress, June 26, 1778. See also nos. 112, 122, 140, note 2, post.

"Owing to the seal, a part of this word cannot be seen." [Note in Pa. Arch.] [74]1 Hist. Soc. of Pa., Etting Coll., Signers, no. 77.

2 See Harnett to Caswell, Jan. 31, N. C. State Recs., XIII. 20, and no. 86, post.

what I have said, but only to induce you to attend to this matter more than perhaps otherwise you would. when I see you I shall be more explicit.*

75. THE COMMITTEE OF CONFERENCE, MINUTES.1

2

[February 4, 5, 1778.]

4th. Conferr'd with Col. Palfrey on the State of the military Chest― proceeded on the Arrangemt. of the Army and the Draught to fill up the Continental Battalions."

5. Recd. Proposals from Col. Blain in the Provision Department-No. 14. Recd. a second Lettr. from the Clothier Genl. (No. 15).

Dear Sir.

76. JAMES LOVELL TO RICHARD HENRY LEE.1

YORK Janry. [February] 5th, 1778.

Your favors of the 15th and 23d of January came yesterday to hand. I am exceedingly pleased with the proceedings of your General Assembly. I hold them out in all my letters to the eastward as a fine example.

I shall send you the oath of Allegiance which passed in Congress yesterday as soon as it comes from the Press. It is our Business to take measures with all continental officers whatever. The states will take care of their particular citizens. Maryland besides excluding non jurors from offices etc. makes them liable to a treble tax; which I think falls well in with your idea of making it as inconvenient as possible for such vermin to exist among us.

I ought to have informed you that Mr. J. A. has accepted, and that I constantly forward to him letters and papers for F-2 and Mr. Iz[ard] also accepts for Tu[rin], and speaks of the probability of obtaining a Loan in It[al]y. I have therefore obtained a Resolve (similar to that passed on Decr. 3d) for 1,000,000 stg. upon an interest to accumulate (if it can be obtained) during the war, afterwards to be paid off annually. You must have heard from your Brother of the great disappointment we met with about our dispatches from France. I have no doubt the robbery was committed on the other side of the water, and by a person near the Commissioners; as, besides the main packet, one for you was changed

3 See nos. 109, 462, post, also Morris's letter to the public, Jan. 7, 1779, in vol. IV. For a résumé of the episode pertaining to the books of the secret or commercial committee, see Wallace's Laurens, ch. XXII.

4 See no. 133, post.

[75]1 See no. 62, note I, ante.

2 Col. William Palfrey was paymaster-general.
3 See nos. 65, 71, ante, and no. 79, post.

[76]1 Harvard Univ. Lib., Lee MSS., IV. 8.

2 Franklin. The words "Izard”, “Turin", and "Italy" have been filled out in the manuscript by another hand.

3 Against this sentence, in the same hand that made the emendations mentioned in note 2, above, is the following marginal note: "allusion to certain despatches from the Commissioners at Paris, and private letters from A. Lee, which were del'd to Capt. Folger in France, but were stolen by S. Deane out of the envelopes, and the latter were del'd to Congress by the Capt. on his arrival in America."

which was under a cover among Gazetts, while a very considerable for the President of Congress another for me and another for Barnabas Deane and a 4th for R Morris were untouched. But then, all these were upon private concerns, tho their Directions were more tempting than yours could have been. I have the satisfaction of remarking to you that my Letter from Doctr. Franklin as well as Genl. Roberdeau's, and all for other Gentlemen from the Doctor or other friends were written with an air of ease and pleasantry which I should not expect to find if the public packet had been quite the reverse.

I am in hopes that we shall get our army both cloathed and fed by the good care of the Several States and our own after wisdom in regard to certain Systematic attachment. I think we grow more and more practical daily, I wish we had not waited for the teachings of woeful Experience. I have not recd. Letters from Boston for a long time. Our good Friends Adams were well the 7th of Jan'ry. I am glad they are in the way to advise Heath in his present difficult task with Burgoyne. I wish you had been present in our debates upon that Subject, I think you must have approved the Step of detaining him upon the grounds which appeared for such a procedure.*

77. JOHN PENN TO THEODORICK BLAND.1

YORK Feby. 6th 1778

Dear Sir: My having been unwell for some time past is the reason of my not writing to you as often as I intended. We are informed that the King's officers behave with great severity to the Canadians, that by Flogging those that were taken with Burgoyne on their return, they had Compelled all of them to inlist again, tho' expressly contrary to the Convention of Saratoga, and that the Inhabitants in general were much incensed against their oppressors. Congress have determined to have an expedition made as far as Mountreal at least, in order to get possession or destroy the enemy's Fleet on the lakes, and in order to induce the Canadians to exert themselves and Join us, the Marquis De lay Fayette will command. Generals McDougle, Conway and Stark attend him. The men employed will go from Albany and New Hampshire. The reputation we have acquired in taking Burgoyne, and the dissatisfaction of the people against the English, make me hope for something Clever, besides it will rouse us a little which we want and distress the Ministry in their Councils, they will be at a loss where to send reinforcements if they have any. I informed you that Burgoyne and his whole Army were to be detained untill the Convention is Confirmed by the Ministry. Burgoyne wrote to Gen. Gates that we had broke the Convention, on account of his not having so good lodgings as he wanted, and soon after refused to suffer a discriptive list to be taken of his Troops wch. was done by Genl. Carlton before he would

4 See no. 21, note 2, ante.

[77] Library of Congress, J. P. Morgan Collection, Signers of the Declaration. Addressed, "The. Bland Esqr. Colo. of the 1st Regimt. of Horse Prince George Co'ty Virginia".

2 See no. 46, note 5, ante.

suffer our soldiers to come out of Canada.3 My Complimts. to Mrs. Bland. I am with great respect

Your obt. Servt.

J. PENN

A Committee of Congress is at the Camp with General Washington endeavoring to reform our Army. I have not had an opportunity of saying any thing on the subject of Rank since you went away nor can it be done before the Committee returns.*

J. P.

78. JAMES LOVELL TO SAMUEL ADAMS.1

Feb: 6th. 1778 YORK TOWN

Dear Sir

I write only to tell you that you are exceedingly wanted here. I wish I could add that you will be better accommodated than before; but really I have no grounds upon which to assert that you will be as well off.

I have at times hoped that we should move nearer Boston, but I now look southward for the next ride if we make one in any other course than to the City of Philadelphia.2

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79. THE COMMITTEE OF CONFERENCE, MINUTES.1

[February 6, 7, 1778.] 6th. Finished the Resolves on the Drafts-also Letter to Congress on that Subject-with the Establishmt. and Arrangement of the new Army.2 7. Conferr'd with the Marquis de la Fayette on his Return from Congress.3 With Col. Blain on the State of Provisions. forwarded the above Letters of yesterday to Congress.*

3 See nos. 21, note 2, ante.

4 See no. 104, post. Cf. no. 70, ante, and nos. 95, 99, post. [78]1 N. Y. Pub. Lib., Samuel Adams Papers.

2 The earliest entry in the Journals relative to the removal of Congress from York was Apr. 9. The subject was then assigned for consideration Apr. 11, but no further mention is found in the Journals until June 24, when it was voted to adjourn from York June 27 to meet in Philadelphia July 2. Cf. no. 196, note 2, post. [79]1 See no. 62, note I, ante.

2 See nos. 65, 71, 75, ante. The letter concerning the arrangement of the army was dated Feb. 5 and was read in Congress Feb. 16. For the enclosures nos. I to 4 (Infantry, Artillery, Cavalry, Provost), see the Journals, May 27. The arrangement of the engineering department, found ibid., is "No. 6" and appears to have been a later addition. No. 5 related to the matter of quotas (see the Journals, Feb..26). The committee definitely laid the proposed arrangement before Congress May 18. See, further, the Journals, May 19, 20, 29, June 4. A letter dated Feb. 6, also read Feb. 16, related chiefly to the question of provisions, but in part to the convention prisoners (see the Journals, Feb. 19).

Cf. no. 87, note 6, post. Lafayette had returned two or three days previously from York, whither he had gone to lay before Congress his wishes (or demands) respecting the officers who were to accompany him on the projected Canadian expedition. See no. 64, note 5, ante. On this particular day, "the seventh à five in the morning", he wrote to President Laurens, presumably from Washington's headquarters, touching briefly the Canadian expedition, but more especially in behalf of some of his French compatriots. (S. C. Hist. and Geneal. Mag., VII. 188.)

The entries in the minutes for Feb. 8 and 9 are merely "Sunday", and "No Committee", respectively.

Sir,

80. HENRY LAURENS TO THE MARQUIS DE LAFAYETTE.1

7th Febry 1778. I had the honour this Morning of receiving your Commands by the hands of Lt. Colo. Fleury.

This Gentleman not withstanding the aid of some able advocates in Congress has failed in his pursuit of a Colonel's Commission. you will wonder less, when you learn that the preceeding day I had strove very arduously as second to a warm recommendation from a favorite General, Gates, on behalf of Monsr. Failly, for the same Rank, without effect. the arguments adduced by Gentlemen who have opposed these measures, are strong and obvious.

"We are reforming and reducing the Number of Officers in our Army. let us wait the event, and see how our own Native Officers are to be disposed of." and besides, there is a plan in embrio for abolishing the Class of Colonel in our Army, while the Enemy have none of that rank in the Field.

Some difficulty attended obtaining leave for Monsr. Fleury to follow your Excellency. Congress were at first of opinion he might be more usefully imployed against the Shipping in Delaware and formed a Resolve very flattering and tempting to induce him, but his perseverence in petitioning to be sent to Canada, prevailed.2

Monsr. Fleury strongly hopes Your Excellency will encourage him to raise and give him the Command of a distinct Corps of Canadians. I am persuaded you will adopt all such measures as shall promise advantage to the Service and there is no ground to doubt of your doing every reasonable and proper thing for the gratification and honour of a Gentleman of whom Your Excellency Speakes and writes so favorably. .

Dear Sir,

1

81. ELBRIDGE GERRY TO HENRY KNOX.1

YORK, IN PENNSYLVANIA, Feb. 7, 1778.

I have not yet been able to make any discoveries that can justify a suspicion of a plan being formed to injure the reputation of, or remove from

[80]1 S. C. Hist. Soc., Laurens Letter-Book, 1776-1778, p. 254.

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2 Lafayette's letter, without date (probably Feb. 3), but endorsed, "Recd 6th Feby 1778", is in S. C. Hist. and Geneal. Mag., VII. 186. Cf. his letter of Feb. 7 (ibid., p. 188). A letter from John Laurens Feb. 3, introducing Colonel Fleury, is in Army Correspondence, p. 118. Cf. his letter of Feb. 9 (ibid., p. 119). Laurens wrote to his son John, Feb. 6: Your friend Fleury this moment takes leave of me and in pouring freely a thousand good wishes, drops a few to you in particular and desires I would tell you so. With some difficulty he obtained leave to pursue the Marquis but failed in his attempt to Climb Rank" (S. C. Hist. and Geneal. Mag., VI. 51). See the Journals, Feb. 5, 6 (erased entry), 7, 11. Concerning the Chevalier Du Failly, see these Letters, vol. II., no. 576, the Journals, Feb. 5 (erased entry), and no. 135, post. In a group of miscellaneous papers of Henry Laurens possessed by the Library of Congress is a much faded letter from Fleury to President Laurens which is without date, but is probably the letter read in Congress Feb. 6. In the Correspondence of Henry Laurens, p. 95, is a joint letter from Fleury and Du Plessis to Laurens Feb. 25, relative to their promotion. At the close of the letter they say, "Comme notre lettre pourrait être considerée comme une sorte de pétition pour obtenir une promotion nouvelle, nous declarons que nous ne demandons rien de cette espèce, et sommes plus empressés a meriter les graces qu'à les obtenir ". See no. 228, post.

[81]1 Austin, Life of Elbridge Gerry, I. 241.

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