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The Life of George Washington, Vol. 2 (of 5)
by John Marshall
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We, therefore, the We, therefore, the representatives of the United representatives of the United States of America in general States of America in general congress assembled, do, in the congress assembled, appealing name and by the authority of to the supreme judge of the the good people of these world for the rectitude of our states, reject and renounce all intentions, do in the name, allegiance and subjection to and by the good people of the kings of Great Britain, these colonies, solemnly and all others who may hereafter publish and declare that these claim by, through or united colonies are and of under them; we utterly dissolve right ought to be free and all political connexion which independent states; that they may heretofore have are absolved from all subsisted between us and the allegiance to the British crown, people or parliament of Great and that all political Britain; and finally we do connexion between them and the assert and declare these colonies state of Great Britain is, and to be free and independent ought to be, totally dissolved; states, and that as free and and that as free and independent independent states, they have states they have full full power to levy war, power to levy war, conclude conclude peace, contract alliances, peace, contract alliances, establish commerce, and to do establish commerce, and to do all other acts and things all other acts and things which independent states may which independent states may of right do. of right do.

And for the support of this And for the support of this declaration, we mutually declaration, with a firm pledge to each other our lives, reliance on the protection of our fortunes, and our sacred divine providence, we mutually honour. pledge to each other our lives, our fortunes, and our sacred honour.

The words expunged from the original draft are distinguished by italics, as are the words that were introduced by congress.

* * * * *

NOTE—No. VII. See Page 229.

"My reasons for this measure," said the Commander-in-chief in his letter to General Lee, ordering him to cross the Hudson, "and which I think must have weight with you, are, that the enemy are evidently changing the seat of war to this side of the North river; that this country, therefore, will expect the continental army to give what support they can; and, if disappointed in this, will cease to depend upon, or support a force by which no protection is given to them. It is, therefore, of the utmost importance that at least an appearance of force should be made, to keep this state in connexion with the others. If that should not continue, it is much to be feared that its influence on Pennsylvania would be very considerable; and the public interests would be more and more endangered. Unless, therefore, some new event should occur, or some more cogent reason present itself, I would have you move over by the easiest and best passage. I am sensible your numbers will not be large, and that the movement may not perhaps be agreeable to your troops. As to the first, report will exaggerate them, and there will be preserved the appearance of an army, which will, at least, have the effect of encouraging the desponding here; and, as to the other, you will doubtless represent to them, that in duty and gratitude, their service is due wherever the enemy may make the greatest impression, or seem to intend to do so."

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NOTE—No. VIII. See Page 268.

In a postscript, it is stated, that an accurate return could not be obtained, but that from the best estimate he could form, the whole force in Jersey fit for duty was under three thousand; all of whom, except nine hundred and eighty-one, were militia, who stood engaged only until the last of that month. The continental troops under inoculation, including their attendants, amounted to about one thousand.

In a letter of the sixth of March to Governor Trumbull, calling on the state of Connecticut for two thousand militia to be marched to Peekskill, after complaining of the militia he had called from the southern states, who came and went as their own caprice might direct, he says, "I am persuaded, from the readiness with which you have ever complied with all my demands, that you will exert yourself in forwarding the aforementioned number of men, upon my bare request. But I hope you will be convinced of the necessity of the demand, when I tell you, in confidence, that after the 15th of this month, when the time of General Lincoln's militia expires, I shall be left with the remains of five Virginia regiments, not amounting to more than as many hundred men, and parts of two or three other continental battalions, all very weak. The remainder of the army will be composed of small parties of militia from this state and Pennsylvania, on whom little dependence can be put, as they come and go when they please. I have issued peremptory orders to every colonel in the regular service, to send in what men he has recruited, even if they amount to but one hundred to a regiment: if they would do this, it would make a considerable force upon the whole. The enemy must be ignorant of our numbers and situation, or they would never suffer us to remain unmolested; and I almost tax myself with imprudence in committing the secret to paper; not that I distrust you, of whose inviolable attachment I have had so many proofs; but for fear the letter should by any accident fall into other hands than those for which it is intended."

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NOTE—No. IX. See Page 382.

Justice to the unfortunate demands that an extract from the correspondence between Generals Burgoyne and Gates on this subject should be inserted.

The British general had complained of the harsh treatment experienced by the provincial prisoners taken at Bennington, and requested that a surgeon from his army should be permitted to visit the wounded; and that he might be allowed to furnish them with necessaries and attendants. "Duty and principle," he added, "make me a public enemy to the Americans, who have taken up arms; but I seek to be a generous one; nor have I the shadow of resentment against any individual, who does not induce it by acts derogatory to those maxims, upon which all men of honour think alike." In answer to this letter, General Gates, who had just taken command of the American army, said, "that the savages of America should, in their warfare, mangle and scalp the unhappy prisoners who fall into their hands is neither new nor extraordinary, but that the famous Lieutenant General Burgoyne, in whom the fine gentleman is united with the soldier and the scholar, should hire the savages of America to scalp Europeans, and the descendants of Europeans; nay more, that he should pay a price for each scalp so barbarously taken, is more than will be believed in Europe, until authenticated facts shall, in every gazette, confirm the truth of the horrid tale.

"Miss M'Crea, a young lady, lovely to the sight, of virtuous character, and amiable disposition, engaged to an officer of your army, was, with other women and children, taken out of a house near fort Edward, carried into the woods, and there scalped and mangled in a most shocking manner. Two parents with their six children, were all treated with the same inhumanity, while quietly resting in their once happy and peaceful dwelling. The miserable fate of Miss M'Crea was particularly aggravated, by being dressed to receive her promised husband; but met her murderer employed by you. Upwards of one hundred men, women and children, have perished by the hands of the ruffians to whom, it is asserted, you have paid the price of blood."

To this part of his letter, General Burgoyne replied, "I have hesitated, sir, upon answering the other paragraphs of your letter. I disdain to justify myself against the rhapsodies of fiction and calumny, which from the first of this contest, it has been an unvaried American policy to propagate, but which no longer imposes on the world. I am induced to deviate from this general rule, in the present instance, lest my silence should be construed an acknowledgment of the truth of your allegations, and a pretence be thence taken for exercising future barbarities by the American troops.

"By this motive, and upon this only, I condescend to inform you, that I would not be conscious of the acts you presume to impute to me, for the whole continent of America, though the wealth of worlds was in its bowels, and a paradise upon its surface.

"It has happened, that all my transactions with the Indian nations, last year and this, have been clearly heard, distinctly understood, accurately minuted, by very numerous, and in many parts, very unprejudiced persons. So immediately opposite to the truth is your assertion that I have paid a price for scalps, that one of the first regulations established by me at the great council in May, and repeated and enforced, and invariably adhered to since, was, that the Indians should receive compensation for prisoners, because it would prevent cruelty; and that not only such compensation should be withheld, but a strict account demanded for scalps. These pledges of conquest, for such you well know they will ever esteem them, were solemnly and peremptorily prohibited to be taken from the wounded, and even the dying, and the persons of aged men, women, children, and prisoners, were pronounced sacred, even in an assault.

"In regard to Miss M'Crea, her fall wanted not the tragic display you have laboured to give it, to make it as sincerely abhorred and lamented by me, as it can be by the tenderest of her friends. The fact was no premeditated barbarity. On the contrary, two chiefs who had brought her off for the purpose of security, not of violence to her person, disputed which should be her guard, and in a fit of savage passion in one, from whose hands she was snatched, the unhappy woman became the victim. Upon the first intelligence of this event, I obliged the Indians to deliver the murderer into my hands, and though to have punished him by our laws, or principles of justice, would have been perhaps unprecedented, he certainly should have suffered an ignominious death, had I not been convinced from my circumstances and observation, beyond the possibility of a doubt, that a pardon under the terms which I presented, and they accepted, would be more efficacious than an execution, to prevent similar mischiefs.

"The above instance excepted, your intelligence respecting the cruelty of the Indians is false.

"You seem to threaten me with European publications, which affect me as little as any other threats you could make; but in regard to American publications, whether your charge against me, which I acquit you of believing, was penned from a gazette, or for a gazette, I desire and demand of you, as a man of honour, that should it appear in print at all this answer may follow it."

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NOTE—No. X. See Page 405.

Lord Suffolk, secretary of state, contended for the employment of Indians, in the war. "Besides its policy and necessity," his lordship said, "that the measure was also allowable on principle, for that it was perfectly justifiable to use all the means that God and nature had put into our hands."

This moving the indignation of Lord Chatham, he suddenly rose, and gave full vent to his feelings in one of the most extraordinary bursts of eloquence that the pen of history has recorded: "I am astonished," exclaimed his lordship, "shocked to hear such principles confessed; to hear them avowed in this house or even this country. My lords, I did not intend to have encroached again on your attention, but I can not repress my indignation. I feel myself impelled to speak. My lords, we are called upon as members of this house, as men, as christians, to protest against such horrible barbarity. That God and nature had put into our hands! what ideas of God and nature that noble lord may entertain I know not, but I know that such detestable principles are equally abhorrent to religion and humanity. What, to attribute the sacred sanction of God and nature to the massacres of the Indian scalping knife! to the cannibal savage, torturing, murdering, devouring, drinking the blood of his mangled victims! such notions shock every precept of morality, every feeling of humanity, every sentiment of honour. These abominable principles and this more abominable avowal of them, demand the most decisive indignation. I call upon that right reverend and this most learned bench to vindicate the religion of their God, to support the justice of their country. I call upon the bishops to interpose the unsullied sanctity of their lawn, upon the judges to interpose the purity of their ermine, to save us from this pollution. I call upon the honour of your lordships, to reverence the dignity of your ancestors, and to maintain your own. I call upon the spirit and humanity of my country, to vindicate the national character. I invoke the genius of the constitution. From the tapestry that adorns these walls, the immortal ancestor of this noble lord, frowns with indignation at the disgrace of his country. In vain did he defend the liberty, and establish the religion of Britain against the tyranny of Rome, if these worse than popish cruelties and inquisitorial practices are endured among us. To send forth the merciless cannibal thirsting for blood!—against whom?—Your protestant brethren—to lay waste their country, to desolate their dwellings, and extirpate their race and name, by the aid and instrumentality of these horrible hell-hounds of war! Spain can no longer boast preeminence of barbarity. She armed herself with blood-hounds to extirpate the wretched natives of Mexico, but we more ruthless, loose these dogs of war against our countrymen in America, endeared to us by every tie that should sanctify humanity. My lords, I solemnly call upon your lordships, and upon every order of men in the state, to stamp upon this infamous procedure the indelible stigma of the public abhorrence. More particularly I call upon the holy prelates of our religion to do away this iniquity; let them perform a lustration to purify their country from this deep and deadly sin. My lords, I am old and weak, and at present unable to say more, but my feelings and indignation were too strong to have said less. I could not have slept this night in my bed, nor reposed my head upon my pillow, without giving this vent to my eternal abhorrence of such enormous and preposterous principles."

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NOTE—No. XI. See Page 414.

The following are the letters which passed between the two generals on this subject:

Albany, December 18, 1777.

SIR,—I shall not attempt to describe what, as a private gentleman, I can not help feeling, on representing to my mind the disagreeable situation which confidential letters, when exposed to public inspection, may place an unsuspecting correspondent in; but, as a public officer, I conjure your excellency, to give me all the assistance you can, in tracing out the author of the infidelity, which put extracts from General Conway's letters to me into your hands. Those letters have been stealingly copied; but, which of them, when, or by whom, is to me, as yet, an unfathomable secret.

There is not one officer in my suite, or amongst those who have a free access to me, upon whom I could, with the least justification to myself, fix the suspicion; and yet, my uneasiness may deprive me of the usefulness of the worthiest men. It is, I believe, in your excellency's power to do me, and the United States, a very important service, by detecting a wretch who may betray me, and capitally injure the very operations under your immediate direction. For this reason, sir, I beg your excellency will favour me with the proofs you can procure to that effect. But, the crime being, eventually so important, that the least loss of time may be attended with the worst consequences; and, it being unknown to me whether the letter came to you from a member of congress, or from an officer, I shall have the honour of transmitting a copy of this to the president, that congress may, in concert with your excellency, obtain, as soon as possible, a discovery which so deeply affects the safety of the states. Crimes of that magnitude ought not to remain unpunished.

I have the honour to be,

Sir, With the greatest respect,

Your excellency's most humble and most obedient servant,

HORATIO GATES.

His excellency General Washington.

* * * * *

Valley Forge, January 4, 1778.

SIR,—Your letter of the 18th ultimo, came to my hands a few days ago, and to my great surprise informed me, that a copy of it had been sent to congress, for what reason, I find myself unable to account; but, as some end doubtless was intended to be answered by it, I am laid under the disagreeable necessity of returning my answer through the same channel, lest any member of that honourable body should harbour an unfavourable suspicion of my having practised some indiscreet means to come at the contents of the confidential letters between you and General Conway.

I am to inform you then, that ——, on his way to congress in the month of October last, fell in with Lord Stirling at Reading: and, not in confidence that I ever understood, informed his aid-de-camp, Major M'Williams, that General Conway had written thus to you, "heaven has been determined to save your country, or a weak general and bad counsellors[106] would have ruined it." Lord Stirling, from motives of friendship, transmitted the account with this remark. "The enclosed was communicated by —— to Major M'Williams; such wicked duplicity of conduct I shall always think it my duty to detect."

[Footnote 106: One of whom, by the by, he was.]

In consequence of this information, and without having any thing more in view, than merely to show that gentleman that I was not unapprised of his intriguing disposition, I wrote him a letter in these words.

"Sir, a letter which I received last night contained the following paragraph.

"In a letter from General Conway to General Gates, he says, heaven has been determined to save your country, or a weak general and bad counsellors would have ruined it. I am, sir, &c."

Neither the letter, nor the information which occasioned it, was ever, directly, or indirectly, communicated by me to a single officer in this army (out of my own family) excepting the Marquis de Lafayette, who having been spoken to on the subject, by General Conway, applied for, and saw, under injunctions of secrecy, the letter which contained this information; so desirous was I of concealing every matter that could, in its consequences, give the smallest interruption to the tranquillity of this army, or afford a gleam of hope to the enemy by dissensions therein.

Thus, sir, with an openness and candour, which I hope will ever characterize and mark my conduct, have I complied with your request. The only concern I feel upon the occasion, finding how matters stand, is, that in doing this, I have necessarily been obliged to name a gentleman, who, I am persuaded, (although I never exchanged a word with him upon the subject) thought he was rather doing an act of justice, than committing an act of infidelity; and sure I am, that, until Lord Stirling's letter came to my hands, I never knew that General Conway, (whom I viewed in the light of a stranger to you) was a correspondent of yours, much less did I suspect that I was the subject of your confidential letters. Pardon me then for adding, that, so far from conceiving that the safety of the states can be affected, or in the smallest degree injured, by a discovery of this kind, or that I should be called upon in such solemn terms to point out the author, that I considered the information as coming from yourself, and given with a friendly view to forewarn, and consequently forearm me, against a secret enemy, or in other words, a dangerous incendiary, in which character sooner or later, this country will know General Conway. But, in this, as well as other matters of late, I have found myself mistaken. I am, sir,

Your most obedient servant,

GEO: WASHINGTON.

To Major General Gates.

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NOTE—No. XII. See Page 417.

During the existence of this faction, an attempt appears to have been made to alienate the affections of the leading political personages in the states from the commander-in-chief. The following letters exhibit a very unsuccessful effort of this sort, which was made on Governor Henry, of Virginia, by a gentleman not supposed to be a member of congress from that state.

Williamsburgh, February 20, 1778.

DEAR SIR,—You will no doubt be surprised at seeing the enclosed letter, in which the encomiums bestowed on me are as undeserved, as the censures aimed at you are unjust. I am sorry there should be one man who counts himself my friend, who is not yours.

Perhaps I give you needless trouble in handing you this paper. The writer of it may be too insignificant to deserve any notice. If I knew this to be the case, I should not have intruded on your time, which is so precious. But there may possibly be some scheme or party forming to your prejudice. The enclosed leads to such a suspicion. Believe me, sir, I have too high a sense of the obligations America has to you, to abet or countenance so unworthy a proceeding. The most exalted merit hath ever been found to attract envy. But I please myself with the hope, that the same fortitude and greatness of mind which have hitherto braved all the difficulties and dangers inseparable from your station, will rise superior to every attempt of the envious partisan.

I really can not tell who is the writer of this letter, which not a little perplexes me. The hand writing is altogether strange to me.

To give you the trouble of this, gives me pain. It would suit my inclination better, to give you some assistance in the great business of the war. But I will not conceal any thing from you, by which you may be affected, for I really think your personal welfare and the happiness of America are intimately connected. I beg you will be assured of that high regard and esteem with which I ever am,

Dear sir,

Your affectionate friend and very humble servant,

P. HENRY.

His excellency General Washington.

(Letter enclosed in the preceding.)

Yorktown, January 12, 1778.

DEAR SIR,—The common danger of our country first brought you and me together. I recollect with pleasure the influence of your conversation and eloquence upon the opinions of this country in the beginning of the present controversy. You first taught us to shake off our idolatrous attachment to royalty, and to oppose its encroachments upon our liberties with our very lives. By these means you saved us from ruin. The independence of America is the offspring of that liberal spirit of thinking, and acting, which followed the destruction of the sceptres of kings and the mighty power of Great Britain.

But, sir, we have only passed the Red Sea. A dreary wilderness is still before us, and unless a Moses or a Joshua are raised up in our behalf, we must perish before we reach the promised land. We have nothing to fear from our enemies on the way. General Howe, it is true, has taken Philadelphia; but he has only changed his prison. His dominions are bounded on all sides by his outsentries. America can only be undone by herself. She looks up to her councils and arms for protection; but alas! what are they? her representation in congress dwindled to only twenty-one members—her Adams—her Wilson—her Henry, are no more among them. Her councils weak—and partial remedies applied constantly for universal diseases. Her army—what is it? a major general belonging to it called it a few days ago in my hearing a mob. Discipline unknown or wholly neglected. The quartermaster and commissary's departments filled with idleness, ignorance and peculation—our hospitals crowded with six thousand sick, but half provided with necessaries or accommodations, and more dying in them in one month, than perished in the field during the whole of the last campaign.

The money depreciating without any effectual measures being taken to raise it—the country distracted with the Don Quixote attempts to regulate the prices of provisions, an artificial famine created by it, and a real one dreaded from it. The spirit of the people failing through a more intimate acquaintance with the causes of our misfortunes—many submitting daily to General Howe, and more wishing to do it, only to avoid the calamities which threaten our country. But is our case desperate? by no means. We have wisdom, virtue, and strength eno' to save us if they could be called into action. The northern army has shown us what Americans are capable of doing with A GENERAL at their head. The spirit of the southern army is no ways inferior to the spirit of the northern. A Gates—a Lee, or a Conway would, in a few weeks, render them an irresistible body of men. The last of the above officers has accepted of the new office of inspector general of our army, in order to reform abuses—but the remedy is only a palliative one. In one of his letters to a friend he says, "a great and good God hath decreed America to be free—or the —— and weak counsellors would have ruined her long ago"—you may rest assured of each of the facts related in this letter. The author of it is one of your Philadelphia friends. A hint of his name, if found out by the hand writing, must not be mentioned to your most intimate friend. Even the letter must be thrown in the fire. But some of its contents ought to be made public in order to awaken, enlighten, and alarm our country. I rely upon your prudence, and am, dear sir, with my usual attachment to you, and to our beloved independence,

Yours, sincerely.

His excellency P. Henry.

* * * * *

Williamsburgh, March 5, 1778.

DEAR SIR,—By an express which Colonel Finnie sent to camp, I enclosed you an anonymous letter, which I hope got safe to hand. I am anxious to hear something that will serve to explain the strange affair, which I am now informed is taken up, respecting you. Mr. Custis has just paid us a visit, and by him I learn sundry particulars concerning General Mifflin, that much surprise me. It is very hard to trace the schemes and windings of the enemies to America. I really thought that man its friend: however, I am too far from him to judge of his present temper.

While you face the armed enemies of our liberty in the field, and, by the favour of God, have been kept unhurt, I trust your country will never harbour in her bosom the miscreant who would ruin her best supporter. I wish not to flatter; but when arts unworthy honest men are used to defame and traduce you, I think it not amiss, but a duty, to assure you of that estimation in which the public hold you. Not that I think any testimony I can bear, is necessary for your support, or private satisfaction, for a bare recollection of what is past must give you sufficient pleasure in every circumstance of life. But I can not help assuring you, on this occasion, of the high sense of gratitude which all ranks of men, in this your native country, bear to you. It will give me sincere pleasure to manifest my regards, and render my best services to you or yours. I do not like to make a parade of these things, and I know you are not fond of it; however, I hope the occasion will plead my excuse.

The assembly have at length empowered the executive here to provide the Virginia troops serving with you, with clothes, &c. I am making provision accordingly, and hope to do something towards it. Every possible assistance from government is afforded the commissary of provisions, whose department has not been attended to. It was taken up by me too late to do much. Indeed the load of business devolved on me is too great to be managed well. A French ship, mounting thirty guns, that has been long chased by the English cruisers, has got into Carolina, as I hear last night.

Wishing you all possible felicity, I am, my dear sir,

Your ever affectionate friend,

and very humble servant,

P. HENRY.

His excellency General Washington.

* * * * *

Valley Forge, March 27, 1778.

DEAR SIR,—About eight days past, I was honoured with your favour of the 20th ultimo.

Your friendship, sir, in transmitting me the anonymous letter you had received, lays me under the most grateful obligations; and, if any thing could give a still further claim to my acknowledgments, it is the very polite and delicate terms in which you have been pleased to make the communication.

I have ever been happy in supposing that I held a place in your esteem, and the proof of it you have afforded on this occasion makes me peculiarly so. The favourable light in which you hold me is truly flattering, but I should feel much regret if I thought the happiness of America so intimately connected with my personal welfare, as you so obligingly seem to consider it. All I can say, is, that she has ever had, and, I trust, she ever will have, my honest exertions to promote her interest. I can not hope that my services have been the best; but my heart tells me that they have been the best that I could render.

That I may have erred in using the means in my power for accomplishing the objects of the arduous, exalted station with which I am honoured, I can not doubt; nor do I wish my conduct to be exempted from the reprehension it may deserve. Error is the portion of humanity, and to censure it, whether committed by this or that public character, is the prerogative of freemen....

This is not the only secret insidious attempt that has been made to wound my reputation. There have been others equally base, cruel, and ungenerous; because conducted with as little frankness and proceeding from views perhaps as personally interested.

I am, dear sir, &c.

GEO: WASHINGTON.

To his excellency Patrick Henry, esquire, Governor of Virginia.

* * * * *

Camp, March 28, 1778.

DEAR SIR,—Just as I was about to close my letter of yesterday, your favour of the fifth instant came to hand.

I can only thank you again, in the language of the most undissembled gratitude, for your friendship: and assure you, the indulgent disposition which Virginia in particular, and the states in general entertain towards me, gives me the most sensible pleasure. The approbation of my country is what I wish; and, as far as my abilities and opportunity will permit, I hope I shall endeavour to deserve it. It is the highest reward to a feeling mind; and happy are they who so conduct themselves as to merit it.

The anonymous letter with which you were pleased to favour me, was written by ——, so far as I can judge from a similitude of hands....

My caution to avoid any thing that could injure the service, prevented me from communicating, except to a very few of my friends, the intrigues of a faction which I know was formed against me, since it might serve to publish our internal dissensions; but their own restless zeal to advance their views has too clearly betrayed them, and made concealment on my part fruitless. I can not precisely mark the extent of their views, but it appeared in general, that General Gates was to be exalted on the ruin of my reputation and influence. This I am authorized to say from undeniable facts in my own possession, from publications the evident scope of which could not be mistaken, and from private detractions industriously circulated. ——, it is commonly supposed, bore the second part in the cabal; and General Conway, I know, was a very active and malignant partisan; but I have good reason to believe that their machinations have recoiled most sensibly upon themselves. I am, dear sir, &c.

GEO: WASHINGTON.

His excellency Patrick Henry, esquire, Gov. of Virginia.

The following extract is taken from a letter written about the same time to a gentleman in New England, who had expressed some anxious apprehensions occasioned by a report that the commander-in-chief had determined to resign his station in the army:

"I can assure you that no person ever heard me drop an expression that had a tendency to resignation. The same principles that led me to embark in the opposition to the arbitrary claims of Great Britain, operate with additional force at this day; nor is it my desire to withdraw my services while they are considered of importance in the present contest; but to report a design of this kind, is among the arts, which those who are endeavouring to effect a change are practising to bring it to pass. I have said, and I still do say, that there is not an officer in the service of the United States, that would return to the sweets of domestic life with more heartfelt joy than I should. But I would have this declaration accompanied by these sentiments, that while the public are satisfied with my endeavours, I mean not to shrink from the cause: but the moment her voice, not that of faction, calls upon me to resign, I shall do it with as much pleasure as ever the wearied traveller retired to rest."

* * * * *

NOTE—No. XIII. See Page 456.

The following is an extract of a letter addressed on this occasion by General Washington to congress:

"Though I sincerely commiserate the misfortune of General Lee, and feel much for his present unhappy situation; yet, with all possible deference to the opinion of congress, I fear that their resolutions will not have the desired effect, are founded in impolicy, and will, if adhered to, produce consequences of an extensive and melancholy nature.

"Retaliation is certainly just, and sometimes necessary, even where attended with the severest penalties: but when the evils which may, and must result from it, exceed those intended to be redressed, prudence and policy require that it should be avoided.

"Having premised thus much, I beg leave to examine the justice and expediency of it in the instance before us. From the best information I have been able to obtain, General Lee's usage has not been so disgraceful and dishonourable, as to authorize the treatment decreed to these gentlemen, was it not prohibited by many other important considerations. His confinement, I believe, has been more rigorous than has been generally experienced by the rest of our officers, or those of the enemy who have been in our possession; but if the reports received on that head be true, he has been provided with a decent apartment, and with most things necessary to render him comfortable. This is not the case with one of the officers comprehended in the resolves, if his letter, of which a copy is transmitted, deserves your credit. Here retaliation seems to have been prematurely begun, or to speak with more propriety, severities have been, and are exercised towards Colonel Campbell, not justified by any that General Lee has yet received.

"In point of policy, and under the present situation of our affairs, most surely the doctrine can not be supported. The balance of prisoners is greatly against us, and a general regard to the happiness of the whole should mark our conduct. Can we imagine that our enemies will not mete the same punishments, the same indignities, the same cruelties, to those belonging to us in their possession, that we impose on theirs? why should we suppose them to have more humanity than we possess ourselves? or why should an ineffectual attempt to relieve the distresses of one brave man, involve many more in misery? At this time, however disagreeable the fact may be, the enemy have in their power, and subject to their call, near three hundred officers belonging to the army of the United States. In this number there are some of high rank, and the most of them are men of bravery and of merit. The quota of theirs in our hands bears no proportion, not being more than fifty. Under these circumstances, we certainly should do no act to draw upon the gentlemen belonging to us, and who have already suffered a long captivity, greater punishments than they now experience. If we should, what will be their feelings, and those of their numerous and extensive connexions? Suppose the treatment prescribed for the Hessian officers should be pursued, will it not establish what the enemy have been aiming to effect by every artifice, and the grossest misrepresentations? I mean, an opinion of our enmity towards them, and of the cruel conduct they experience when they fall into our hands; a prejudice which we, on our part, have heretofore thought it politic to suppress, and to root out by every act of kindness and of lenity. It certainly will. The Hessians will hear of the punishments with all the circumstances of heightened exaggeration, and would feel the injury without investigating the cause, or reasoning upon the justice of it. The mischiefs which may, and must inevitably flow from the execution of the resolves, appear to be endless and innumerable."

END OF VOLUME II.

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