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149. THOMAS BURKE TO THE GOVERNOR OF NORTH CAROLINA
(RICHARD CASWELL).1

D. Sir:

YORK, PENNSYLVANIA March 12th 1778.

The army is at present much in the same situation that it has been all the Winter. a Committee of Congress is at Camp in order to Enquire into and regulate the abuses and Insufficiencies therein. The Congress are much alarmed on account of the scarcity of Flesh provisions, and many splendid projects are contemplated but I fancy nothing will do unless the possessors of that Commodity can see prospects of gratifying their avarice. This vile principle if anything can, will mar our cause, for though America abounds with provisions we cannot get sufficient for a few Thousand men without expending Millions in the purchase of it. The Congress have yet resolved on nothing relative to our Militia, indeed I cannot find that they have any Idea of a plan of Operations or System of Warfare for the next Campaign, and are not able to determin whether they will want them or not. I am myself of Opinion that our army will neither take the field early enough or be of competent Strength when it is collected, and I fear we shall be able to undertake nothing against the Enemy, but must act still on the Defensive, and prolong the War. this is far from being agreeable to my Ideas of good policy, but without force sufficient for an Offensive War, it is all that can be done. Virginia is the only State who has yet wholly agreed to ratify the Confoederation. The 24th of this month is assigned for passing upon it again. by that time I suppose all of the States will be Instructed. Maryland, and Connecticut have produced theirs. The former desires the western boundaries of the States claiming to the Mississippi or South Seas to be ascertained by Congress, and that all the Country west of the Frontiers not granted to Individuals should be common Stock.

The latter desires that no standing army be kept up in time of peace by the United States, or Pensioners supported by them, except persons disabled in war, that the quota of the public Expence be in proportion to the Number of People in each State. I shall Endeavour to procure copies of the several Instructions, and transmit them to you, but I suppose the next assembly will not take it up. They will deem it prudent to know the sense of every other State before they finally determin. I refer you to Mr. Penn for Intelligence.

[149] N. C. Hist. Comm., Caswell Papers; N. C. State Recs., XIII. 378.

2 Harnett makes a similar statement in his letter of Mar. 20 (N. C. State Recs., XIII. 385). See Caswell to Penn and Harnett Feb. 7, and to Burke Feb. 15 (ibid., pp. 31, 42). Cf. no. 66, ante, and the Journals, May 29.

8 See nos. 140, note 2, ante, 191, post. The Journals record Mar. 12 the reading of a letter of Mar. 4 from George Read to Thomas McKean and one of Mar. 9 from Caesar Rodney to McKean. Read's letter, largely pertaining to the Confederation, is in Read, Life of Read, p. 303. The principal part of Rodney's letter is found in Henkels, Catalogue, no. 1236, item 113. See no. 180, post.

Sir

150. JAMES DUANE TO THE GOVERNOR OF NEW YORK

(GEORGE CLINTON).1

MANOUR LIVINGSTON 13th March 1778

The Plan of Congress, when I was last upon the Floor was by a sudden Irruption with 3 or 400 Volunteers, to attempt to burn the Enemy's shipping at St. John's and to offer a very considerable Bounty in case of success, the command to be given to General Starke who was supposed to be very popular in New Hampshire the western frontiers of the Massachusetts and the Grants and in every other respect qualified for the undertaking. The adventurous spirit of the Inhabitants in those parts, the danger to which they must be exposed while the British vessels command the Lakes and the prospect of a Great Reward if they should succeed in the attempt, were thought sufficient considerations to justify the proposition. To me it was given in charge by Congress, to confer with General Starke and deliver him his instructions and explain their views. This occasioned my repairing to Albany as soon as I could give him notice to meet me. At first he seemed sanguine that the scheme would be acceptable and vigourously supported by those over whom he had an immediate influence; but on examination it was found that a Reward which depended only on a prosperous Issue was too slender a Motive for the undertaking.2 A proposal was therefore made to Congress to allow the Volunteers pay at all events, and the Bounty in case of success. But on General Gates' arrival at Congress the Plan was enlarged into its present Form, and the Command conferred on the Marquiss. Imagining it would be agreeable to you to have a full view of this transaction I have been thus circumstantial. I should have mentioned it to your Excel- . lency when I had the pleasure of seeing you, the original Plan, but as it depended on secrecy I was enjoined to communicate it only to General Starke. Altho, we proposed to hold the Treaty with the Six Nations between the 15th and 20th of February it was not till the 27th that we had notice of their assembling. We repaired to John's town the 28th but they were so tedious in their movements that the business was not opened until Monday the 9th Instant. The number of Indians was something above 700 consisting of Oneidas, Tuscarores, Onondagoes, a few Mohawks, and three or four Cayugaes but not a single Seneca attended. The latter had the Insolence even to effect their surprize that while our Tomahawks stuck in their heads, their wounds were bleeding and their eyes streaming with tears for the Loss of their friends at the German flatts, we should think of inviting them to a treaty!

3

As I was on my journey to John's Town when I was honoured with the Receipt of your dispatches, it was too late for your Excellency to execute your Trust respecting the appointment of an additional commissioner for Indian Affairs. Before I left Congress it was pressed upon me

[150]1 Mag. of Am. Hist., XIII. 177.

5, ante.

2 See the Journals, Dec. 3, 1777 (PP. 994, 999), and no. 26, ante.

The proposal mentioned does not appear in the Journals. See no. 46, note

to accept the office. I declined it, and on my promise to assist the Commissioner at the proposed Treaty if necessary the matter rested for that time. When I met the Commissioner at Albany the beginning of January to fix the Treaty it appeared that there was no prospect of General Wolcot's and no certainty of General Schuyler's attendance. We concluded therefore to recommend it to Congress to appoint additional commissioners which occasioned the power committed to you.* The reason which induced me to decline the office of commissioner when my acceptance was requested by Congress is this. The Jurisdiction of this State over the Country of the Six Nations is unquestionable as well as ancient. On it depends the legality of all our settlers in the Mohawk Country. Apprehension that the interference of Congress might one time or other cross the rights or the Interest of the State, and that as a Trustee for Congress I might be embarrassed and restrained in supporting our separate and exclusive Jurisdiction, I did not see my way clear to engage in it. as far as I can judge there is some weight in the objection. I am however not the less obliged to your Excellency for the Testimonial of your good opinion in offering me the appointment. When I pay my Respects I shall take the opportunity of conversing further upon it.

.

151. HENRY LAURENS TO THE MARQUIS DE Lafayette.1

Dear General,

13th March 1778.

It is now late in the Evening I am just returned from Congress, have much business to prepare for a Messenger who is to make his excursion at the dawn of tomorrow and therefore only a Moment to intimate that Congress by a side wind this afternoons meeting were induced, but not without debate, to Resolve that General Washington be authorized to recall Marquis delafayette and Baron de Kalb to the Main Army.

this may reach you before a Mandate from the General and will afford so much more time to make necessary arrangements for the retrograde journey.2

152. JONATHAN BAYARD SMITH TO THE PRESIDENT OF PENNSYLVANIA (THOMAS WHARTON, JR.).1

Sir

YORK TOWN March 16: 1778

Above you have copy of a resolution this day passed by Congress. The second resolution was moved but referred to a Committee who are directed to confer with Council thereon. The Committee are Mr. Clark Mr. James Smith and Mr. Henry.

4 The printed text has "append additional commissioners ", but Duane no doubt wrote “appoint". See the Journals, Jan. 21 (pp. 73, 74), 31, Feb. 2, Mar. 28. Cf. a letter from Duane to Clinton, July 21, in Clinton Papers, III. 576.

[151]1 S. C. Hist. Soc., Laurens Letter-Book, Mar.-Sept., 1778, p. 17.

2 See the Journals, Mar. 13; cf. nos. 135, 137, ante, and 167, 168, post; also Lafayette to Washington, Mar. 25 (Letters to Washington, ed. Sparks, II. 93), and to Laurens, Mar. 28 (S. C. Hist. and Geneal. Mag., VIII. 57).

[152]1 Princeton Univ. Lib.; Pa. Arch., first ser., VI. 365.

This affair appears to be of a delicate nature and may possibly tend to embarrass if not to injure. The view of Congress is I apprehend to be informed if possible of the intended precautions to be taken by the state preventive of any ill effects from liberating Messrs. Penn and Chew

Sir

153. THE COMMITTEE OF CONFERENCE TO THe Governor of
NEW YORK.1

In Committee of Congress
CAMP 16th March 1778.

2

We do ourselves the Honor to enclose you the Arrangement of a continental Regiment upon the new Plan agreed to by the Committee according to which the old Battallions are to be modelled. It is at the same Time intended to dismiss from the Service such Officers as had better not be in it and should there be some worthy Men who cannot be employed consistently with our Plan to recommend them to Congress to make Provision for them. You will therefore be pleased to form the Regiments raised within your state (excepting such as are in this Camp) upon this Establishment with as much speed as the Nature of the Business will permit and transmit to this Committee a List of the Officers by you appointed and also such as are deserving and cannot be provided for. The Commissions will then be made out. The Method we followed was to obtain from the Field Officers of the Regiments who were to be confided in the Characters of the inferior Officers. Whatever Means shall appear to you best calculated for the Purpose your Good Sense will undoubtedly lead you to pursue. You will much oblige us Sir and contribute greatly to the public Service by taking the Trouble of this Business upon you We are respectfully

Your Excellency's most obedient and humble servant

Geo: Clinton Esqr.

FRA DANA

by Order

Dear Sir,

154. WILLIAM ELLERY TO WILLIAM VERNON.1

YORK TOWN M'h 16th 1778.

On the 11th instant I received yours of the 5th and Mr. Jno. Adams's of the 6th of February. . . .

I read that part of your letter, respecting the 74 at Portsmouth, and a Paragraph of one I recd., about the same time and upon the same Subject, from Mr. Whipple, to the marine committee, and it was agreed to stop the building of her for the present. These huge ships are too

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2 See the Journals, Mar. 10, 16, May 14, 15, and no. 157, post. See also Pa. Arch., first ser. VI. 61, 85, 367, 380, 389, 523. In regard to the imprisonment of Penn and Chew, see the Journals, July 31, Aug. 12-14, 28, 1777, and Pa. Arch., first ser., V. 478, 512, 513.

[153] N. Y. Pub. Lib., Myers Coll., Continental Congress, no. 47. [15411 R. I. Hist. Soc., Publications, vol. III., no. 4, p. 25.

2 See Paullin, Out-Letters, I. 209, 218..

costly and unwieldy; and it will require as many men to man one of them, as to man three or four frigates; besides we cannot with all the naval force we can collect be able to cope with the british navy. Our great Aim should be to destroy the trade of Britain; for which purpose Frigates are infinitely better calculated than such large Ships. Mr. Whipple proposes to the marine comm[itt]ee to put the timber prepared for the 74 into a frigate to mount 30 18-pounders on one deck, and this proposal I believe would be complied with if our finances were not at present very low and the demands of the great departments of war very high. I wish we may be able to finish, man, and get to sea, in the course of the next summer, the frigates that are now in hand; but I very much doubt it. It gave the marine comm[itt]ee great Satisfaction to find that the Warren had got out. . .

The marine Committee lately ordered Capt. Barry of the Effingham to take the four Boats, belonging to the Frigates which are sunk in the Delaware, and proceed on a Cruise upon that River.3

You will have heard, before this reaches you, that the intended Irruption into Canada is laid aside. We are obstructing and fortifying Hudson's River, collecting men and provisions etc., etc., for the next campaign. The last will be the most difficult to accomplish. To have subdued both the British Armies in one Campaign was not more than I expected the last; but it would have left us nothing to do the ensueing Campaign.

With the Aid of Heaven we will crush the Serpent's head next Summer, and force our Enemies to be at peace with Us! I have room only to add that I am

Sir.

Yrs

WM. ELLERY.

155. JOHN HENRY, JR., TO THE Speaker of the Maryland
House of DELEGATES (NICHOLAS THOMAS).1

YORK TOWN 17th Ma[r]ch 1778.

I should have done myself the pleasure of writing to you by the last post, but as the Confederation was to be taken up on the Day he left this place, I deferred writing untill I could have it in my power to acquaint you what was said upon that Subject, but before Congress rose the post had left Town.

Virginia ever desirous of taking the lead in this great Contest, was prepared and offered to ratify the Confederation. She stood single, and enjoyed a secret pride in having laid the corner stone of a confederated World. Massachusetts Bay, Connecticut, New York, New Jersey, Pensylvania, and South Carolina will confederate. The Delegates of some of these States have not yet received their Instructions, but are in daily expectation of them. New Hampshire, Rhode Island, Deleware, and Georgia could give Congress no satisfactory information of what had been

3 See ibid., pp. 198, 200, 214, 217.

[155] Md. Hist. Soc., Portfolio, IV. (61).

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