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it is pretended they now envy. but Officers may retire when they please— so may senators and what then?

A whole quire of paper would be too narrow to range in, upon this topic. it is fortunate for you Sir that Genl. Gates an English Newspaper and two or three members of Congress steped in and knocked out of my head more than would have filled another sheet. if I can beg that Newspaper which contains some good things it shall accompany the other papers. let me conclude this head by observing, the Cons move to postpone the consideration of the plan until the several States shall be fully informed and consulted here a strenuous advocate let out the Cat- no I am afraid the people will not consent. What! dare we bind the people in any Case without or against their Consent, 'tis very near akin to binding them in all Cases. I must confess the affair for an affair of such magnitude has been poorly conducted by the managers.

a Report of the whole, called for in a certain Assembly being the order of the day, read once for information, the first paragraph read for debate an amendment offered and received a question on the amendment half put, a new proposition was started irrelative to the paragraph and amendment, contrary to general consent and having a tendency to set aside both. Question, is it in order to receive and put to Vote the proposition?

A question was moved upon the order; Question, is the latter motion or the first subject for a previous Question.

From what has been said your Excellency will collect enough to determine on the article of confusion that mass of paper lying there which I lug every day to and fro would give a more explicit answer to this point than, as I think, becomes me. . .

Congress have directed Genl. Washington to convene a Council of Major Generals including the two Gentlemen of the Board of War and the General Officer of the Corps of Engineers in order "to form such a plan for the general operations of the Campaign as the Commander in Chief shall deem consistant with the general welfare of these States." Genl. Gates from the Council will proceed to Fish Kill and take upon him the command of all the Northern department.

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207. SAMUEL CHASE TO THE GOVERNOR OF MARYLAND

Dear Sir

(THOMAS JOHNSON, JR.).1

YORK TOWN, 20 April, 1778.

General Howe has sent out of Philadelphia a Cart loaded with HandBills, expressing to be A Draught of a Bill to declare the Intentions of Parliament, concerning the Exercise of the Right of imposing Taxes, within the Colonies.2

• See the Journals, Apr. 16.

7 See the Journals, Ápr. 17 (p. 362); cf. ibid., Apr. 1 (pp. 300-301). See also no. 202, ante, and no. 244, post.

8 See the Journals, Apr. 18, 20; cf. no. 204, ante.

[207]1 Md. Hist. Soc., Red Book, V. 62; Arch. of Md., XXI. 43.

2 Chase wrote to Governor Johnson at midnight, Apr. 21, giving a sort of summary of Lord North's speech, and then remarked: "Two Things are in my opinion essentially necessary-a respectable Army-a full Congress-every nerve sho'd be exerted to fill our Ranks. . . . . I wish Mr. Stone wo'd come up. I wish Paca wo'd quit his Judges Seat, and that our Assembly wo'd appoint him. I did intend Home, but I

two opinions prevail here. Some that this insidious scheme originated in Philadelphia, others the far greater Number believe it came from the Ministry. the manifest Intention is to amuse us with a Prospect of Peace and to relax our Preperations. I hope my Countrymen will have too much good sense to be deceived. I think it would be adviseable immediately to publish this Attempt, but I hope it will be attended with some Remarks to expose its Design, and remove the baneful Effects it may have on the credulous and weak among the People. Mr Paca has Leisure. it ought not to be attempted to be suppressed.

Captain Nicholson informs, that a Number of Recruits are enlisted for the Enemy in Worcester and Som't3 Counties, 90 came to the fleet, when he was on board. it is reported the disaffected in Queen Anns County have rose, and Congress were yesterday acquainted with an Insurrection in Sussex County. the Malignants are assembling in Arms at Jordans Island. You will be applied to by Congress to order 300 of your Militia, with two field Pieces, and 28 Artillerists, to march there.*

The proposed Cartel is broke off, our Commrs. had full Powers, and their Act would have bound the public faith. Howes Commrs. had not full Powers, and could only engage his private Faith, and that too only during his Command. The Exchange on Parole will continue."

No other Part of my last was to have been private, but Govr. Lee's name. I am inclined to think Baltimore fort remains in the same defenceless State as I mentioned to the assembly a year ago. there is a great Mistake in my Letter about the Quantity of Continental Arms. I meant to say Congress had fifteen thousand Arms, and above two hundred field pieces. I suppose I folded the Letter before it was dry, and that Circumstance added to the Naughts I will seise the first favourable Opportunity to apply to Congress for some Mony, but our Demands to pay and buy provisions are very pressing.

208. JOHN HENRY, JR., TO THE GOVERNOR OF MARYLAND
(THOMAS JOHNSON, JR.).1

Dear Sir.

YORK TOWN Apl 20th 1778

I have procured the inclosed paper with some difficulty. When you have read it, if the Assembly should be setting, I wish you would send it to the Speaker. Different opinions prevail here with regard to the Authenticity of it. For my own part I have no doubt, from what I have lately seen in the English papers, but these two Bills before this time, are

believe I shall stay and see it out. The Hour to try the Firmness and prudence of Man is near at Hand. I am really diffident of myself, I shall endeavor to act my Part well. My Soul has been chagrined at certain Conduct, but I love my Country, and shall with pleasure retire after Peace is established' (Arch. of Md., XXI. 50). See no. 202, note 5, ante.

3 Somerset.

4 Cf. no. 176, ante, and nos. 208, 210, 217, 220, 230, post.

5 See no. 202, notes 3 and 6, ante.

• See the Journals, Apr. 24.

[208]1 Md. Hist. Soc., Red Book, X. 80; Arch. of Md., XXI. 45.

enacted into Laws. I dread the impressions it will make upon the minds of many of our people. If it should, and I have no doubt of it, make its appearance in the form of a Law, it will prove more dangerous to our cause than ten thousand of their best Troops. It will in a Day or two be under the consideration of Congress.2

The Cartell for the General Exchange of prisoners is at an End. Upon our commissioners examining the powers of the Commissioners on the part of Genl Howe, they discovered he meant the treaty to be of a personal nature, founded on the mutual Confidence and Honor of the contracting Generals, and had no Intention of binding the nation, or of extending the Cartel beyond the limits and Duration of his own Command. They declared themselves ready to treat with us on this footing, with their present powers which they deemed adequate to the purposes of their meeting. Upon this point the treaty broke off. I lament the Situation of our prisoners, and must approve of the Conduct of our Commissioners. A Cartel upon so narrow a foundation as the personal Honor of Genl Howe would be of little use to us and of short duration; liable at any time to be set aside by a subsequent Commander or by the British King without a breach of Honor. This conduct will teach Us a lesson respecting Genl Burgoyne and his Army.3

I make no doubt you have heard of the insurrection in the Delaware State. By a Letter from a Mr Patterson we are informed that a considerable number of the disaffected have assembled at a place near the head of Chester River. They are exerting themselves to add to their number and those who will not join them, they deprive of their Arms and Amunition It is said here they have British officers among them and expect to be reenforced from Philadelphia. This Matter is viewed here as very serious by some.*

Sir

209. THE VIRGINIA DelegateES TO THE GOVERNOR OF VIRGINIA (PATRICK HENRY).1

YORK 21st April, 1778.

General Howe having industriously circulated the Draught of a Bill, said to be the Ground of an Act of Parliament intended to be passed, with a view no doubt of diverting the People of america from their grand object of Preparation and defense, and General Washington having transmitted a few Copies of it to Congress expressly to put it in their Power to guard

ante.

2 The two bills were Lord North's conciliatory measures. See no. 202, note 5,

3 See the Journals, Apr. 20, 21. Cf. nos. 202, 207, ante, and no. 233, post.

* Congress was informed of the insurrection through a letter of General Smallwood, Apr. 17, read in Congress Apr. 20, the Patterson letter being an enclosure. See the Journals, Apr. 23, and nos. 207, ante, 210, 217, 220, 230, post. Cf. the Journals, Mar. 26, Apr. 10, 13, 15. Smallwood's letter was in part concerning the release of White and Gordon (see no. 230, post). Some letters pertaining to the release are in the same volume of Papers Cont. Cong. (no. 161, ff. 55, 151, 157, 159) with the Smallwood letter (f. 179). The Patterson letter is not found there.

[209]1 Va. State Lib., Executive Papers.

against the baneful Effects with which this political Stroke of G. Britain, if not counteracted, may be attended, we think it indispensably necessary to give you thus early the Substance of this intelligence and the Draught of the Bill... ...2

Respecting this proposal and Scheme of the Enemy whether it be genuine from Parliament, or a Production of General Howe's we have only to observe that it may mislead the ignorant and alienate the Minds of the wavering unless it is made public and with its Publications such Strictures are made upon the probable Effects of it as may contribute to place the Subject in its true Light before the People. We are with the highest Respect Your Excellency's most obed. Servant

FRANCIS LIghtfoot LEE
JOHN BANISTER
T. ADAMS

210. CHARLES CARROLL OF CARROLLTON TO THE GOVERNOR OF MARYLAND (THOMAS JOHNSON, JR.).1

Dear Sir,

YORK 21 April 1778.

By a letter from Gen. Smallwood of the 17th instant from Wilmington, we are informed of an insurrection of the Tories, at a place called Jordan's Island, 10 miles from Dover. Smallwood apprehends this insurrection may become very serious unless speedily suppressed: his letter is referred to a committee of wh I am one: We shall report that you be requested to call out 300 of the militia from the adjacent counties of Maryland and put them under a spirited and active officer who will receive his instructions from a committee of Congress. I beg your attention to this business. Smallwood writes that we have considerable stores at Charles Town, which he fears may be taken or destroyed by these insurgents.2

If our People would but exert themselves this campaign we might secure our liberties forever. Gen. Washington is weak; reinforcements come in slow: try, for God sake and the sake of human Nature, to rouse our countrymen from their lethargy. . . . . The Congress do worse than ever: We murder time, and chat it away in idle impertinent talk: However, I hope the urgency of affairs will teach even that Body a little discretion.3

211. HENRY LAURENS, NOTES ON MEASURE FOR HALF-PAY.1 after the Yeas and Nays, Tuesday 21st April——

Copy Journal.

Motion was made to strike out "an establishment" and insert, “It is expedient a Provision " Resolved in the affirmative.

ante.

2 The titles and extensive quotations from the bills are here omitted. Cf. no. 208, [210]1 Md. Hist. Soc., Red Book, V. 48; Arch. of Md., XXI. 49; Scharf, Hist. of Md., II. 343; Rowland, Life and Corr. of Charles Carroll of Carrollton, I. 238.

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2 See the Journals, Apr. 20, 23; also nos. 207, 208, ante, and nos. 217, 220, 230, post. 3 Cf. nos. 533, 534, 561, post.

[211] S. C. Hist. Soc., Laurens Papers, Congressional, 1778, 1779, nos. 25-26, and ibid., 'Miscellaneous Essays and Projects" (see note 3, below).

then the Resolves on Friday 17th [were?] Read as follows

["]That It is expedient a Provision, (instead of that an establishment.') or half Pay be made for the Military officers commissioned by Congress who now or here after may be in the Service of these States and shall continue there in during the War and who shall not be annexed to any Corps of established Troops or hold any office of Profit under the United States or any of them and that Such (establishment) Provision take place after the conclusion of the present War."

this Motion, which in itself had undergone a Question upon Order being thus taken under Consideration and in part amended, a Motion was made for dividing the Question which caused some debate but the manner in which the division was desired declared in writing as follows

"the House was Moved that the Queston be divided and that the sense of the House be taken, whether any provision shall be made for Officers etc."

The President rose and said his Duty Constrained him to speak to the House," that this motion contained no division of the Question in debate but was a complete new motion which he could not put without express Command."

Mr. Huntington and other members objected in like manner. debates and some disorder ensued. the President admonished the House against disorder and intemperate reflections.

A majority of probably two to one insisted upon having the Question put as it had been reduced to writing. the President replied he could not apply the words so reduced to writing to any part of the motion and give it the appearance of a division, except by taking up some and suppressing or skipping over other words in the motion. the Member who had reduced the said division or new motion to writing, expressed great surprise and added it is the easiest thing in the World. the President requested his assistance, and delivered the motion to that Member Mr. Chase who read it as it is reduced to writing and averred it to be a division of the Question. the President resumed the papers and again requested the Order of the House. Some of those Members who had complained of the division and were against admitting the motion to be a division, acclaimed they were borne down and all said, anyhow, anyhow, we see the Gentlemen will have it in their own way. put the Question

the President then read the Motion again and put the Question

"You Gentleman who agree that a provision shall be made for the Military Officers Commissioned by Congress etc. (the words of half pay suppressed and the word Military introduced, by order) when you are called upon will signify it by saying Aye, Contra, when called upon will say No. the Yeas and Nays were called and appear on the Journal. Instantly after calling the Members,

Mr. Chase presented the following motion read by himself and by the President

"The Question moved and put that such provision for the Officers be one half of their present Pay."

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2 See the Journals, p. 392 n., where Chase's motion is placed conjecturally under Apr. 25. Cf. ibid., p. 393, notes.

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