Chapter XVI: Letter VI: Roxbury, April 16, 1777 (1)

Let the present letter begin with mentioning, that the representatives of the freemen of the state of North-Carolina elected and chosen for that purpose, assembled in Congress at Halifax, and after a third reading, ratified their form of goverment, with a declaration of rights prefixed, on the 18th of last December.

When gen. Washington retreated with a handful of men across the Delaware, he trembled for the fate of America, which _nothing but the infatuation of the enemy could have saved_[35]. Though they missed the boats with which they expected to follow him immediately into Pennsylvania, yet Trenton and the neighbourhood could have supplied them with materials, which industry might have soon constructed into sufficient conveniences for the transportation of the troops, over a smooth river, and of no great extent in some places. But they were put into cantonments for the present, forming an extensive chain from Brunswick to the Delaware, and down the banks of the Delaware for several miles, so as to compose a front at the end of the line, which looked over to Philadelphia. Mr. Mercerau was employed by the American general to gain intelligence, and provided a simple youth[36], whose apparent defectiveness in abilities prevented all suspicion, but whose fidelity and attention, with the capacities he possessed, constituted him an excellent spy: he passed from place to place, mixed with the soldiers, and having performed his business, returned with an account where they were cantoned, and in what numbers. Gen. Fermoy was appointed to receive, and communicate the information to the commander in chief: upon the receipt of it, he cried out, “Now is our time to clip their wings while they are so spread.” But before an attempt could be made with a desirable prospect of success, [Dec. 21.] gen. Washington was almost ready to despair, while he contemplated the probable state of his own troops within the compass of ten days. He could not count upon those whose time expired the first of January: and expected, that as soon as the ice was formed, the enemy would pass the Delaware. He found his numbers on enquiry less than he had any conception of; and while he communicated the fact, thus charged his confidant—“For Heaven’s sake keep this to yourself, as the discovery of it may prove fatal to us.” Col. Reed wrote the next day from Bristol, and proposed to the general the making of a diversion, or something more at or about Trenton, and proceeded to say, “If we could possess ourselves again of New Jersey, or any considerable part, the effect would be greater than if we had not left it. Allow me to hope you will consult your own good judgment and spirit, and let not the goodness of your heart subject you to the influence of the opinions of men in every respect your inferiors. Something must be attempted before the sixty days expire which the commissioners have allowed; for, however many may affect to despise it, it is evident a very serious attention is paid to it; and I am confident, that unless some more favorable appearance attends our arms and cause before that time, a very great number of militia officers here, will follow the example of Jersey, and take benefit from it. Our cause is desperate and hopeless if we do not strike some stroke. Our affairs are hastening apace to ruin if we do not retrieve them by some happy event. Delay with us, is near equal to a total defeat. We must not suffer ourselves to be lulled into security and inactivity because the enemy does not cross the river. The love of my country, a wife (formerly miss De Berdt) and four children in the enemy’s hands, the respect and attachment I have to you, the ruin and poverty that must attend me and thousands of others, will plead my excuse for so much freedom.” The general on the 23d answered, “Necessity, dire necessity will—nay, must justify any attempt. Prepare, and in concert with Griffin, attack as many posts as you possibly can with a prospect of success. I have now ample testimony of the enemy’s intentions to attack Philadelphia, as soon as the ice will afford the means of conveyance. Our men are to be provided with three days provision, ready cooked, with which and their blankets they are to march. One hour before day is the time fixed upon for our attempt upon Trenton. If we are successful, which Heaven grant! and other circumstances favor, we may push on. I shall direct every ferry and ford to be well guarded, and not a soul suffered to pass without an officer’s going down with the permit.”

The origin of the present distress was stated in a letter of the same date, from a member of congress to his friend, in these words, “The causes of our present unhappy situation have long been known; the consequences of them were often foretold, and the measures execrated by some of the best friends of America; but an obstinate partiality (in the New-England delegates) to the habits and customs of one part of this continent, has predominated in the public councils, and too little attention has been paid to others. It has been my fate to make an ineffectual opposition to all short enlistments, to colonial appointments of officers, and other measures pregnant with mischiefs; but these things either suited the genius and habits, or squared with the interests of some states that had sufficient influence to prevail; and nothing is now left but to extricate ourselves from difficulties as well as we can.”

Colonel Griffin, unacquainted both with the plan and the time for attacking Trenton, crossed over from Philadelphia into the Jerseys, unknown to general Washington, and being joined with a few of the Jersey militia, proceeded to Mount-Holly, which induced colonel Donop to quit Bordentown; he returned however to his station before the attack upon colonel Rall. The commander in chief would have comprehended in his plan, a diversion for count Donop by general Putnam; but the latter gave such a representation of the militia, of the confusion that prevailed, and of his apprehensions of an insurrection in Philadelphia, in case of his absence, that it was laid aside. The question for independency had been carried in Pennsylvania by a great majority; but that did not lessen the bitterness of those who opposed it, among whom were most of the quakers. These coalesced with the royalists of other denominations, and composed so formidable a party in the city, that it was dangerous, in the present crisis, to withdraw the militia serving in it on the side of the American cause.

The plan was, to have crossed the Delaware in three divisions, one from the neighborhood of Bristol, which miscarried by a strange inattention to the tide and state of the river, so that it was impossible for the horses and cannon to land on the Jersey shore, through the heaps of ice cast upon it with the change of the tide—a second at Trenton ferry, under gen. Erwing; but the quantity of ice was so great, that though he did every thing in his power to effect it, he could not get over; and finding it impossible to embark his artillery, he was obliged to desist—the third and principal, was commanded by gen. Washington, assisted by generals Sullivan and Greene, and col. Knox of the artillery. It was meant to attack early on the morning of the 26th, from the supposition that the festivity of the preceding day would make surprise more easy, and conquest more certain.

On the evening of the 25th, gen. Washington orders the troops, which are about 2400, to parade at the back of M’Kenky’s ferry, that they may begin to cross as soon as it grows dark; for he imagines that he shall throw them all over, with the necessary artillery, by twelve o’clock, and arrive at Trenton, nine miles below, by five. The quantity of ice made in the night, impedes the boats, and it is three before the artillery gets over, and near four before the troops take up their line of march, which makes the general despair of surprising the town, as they cannot reach it before full day-break; but as there is no making a retreat without being discovered and harassed, he determines to push on at all events. Colonel Rall has received information of an intended attack, and that the 25th at night is thought to be the time fixed upon. His men are paraded and his picket is looking out for it. Captain Washington,[37] commanding a scouting party of about fifty foot soldiers, has been in the Jerseys about three days, without effecting any exploit. He therefore concludes upon marching toward Trenton; advances, and attacks the picket. He exchanges a few shot, and then retreats. As he is making for the Delaware, on his return to Pennsylvania, he meets with general Washington’s troops. [Dec. 26.] Conjecturing their design, he is distressed with an apprehension that by the attack he has alarmed the enemy, and put them on their guard. The enemy, on the other hand, conclude from it, after a while, that it is all the attack which is intended; and so retire to their quarters and become secure; many get drunk. General Washington forms his detachment into two divisions; one takes the lower road to Trenton, while the other, with the general, marches along the upper or Pennington[38] road. The upper division arrives at the enemy’s advanced post exactly at 8 o’clock; and in three minutes after, the fire in the lower road announces the arrival of the other division. When the enemy’s picket[39] discovers, in the grey of the morning, the advance of the general’s troops, they suppose it to be only the scouting party returned. The out guards make but a small opposition; though they behave well for their number, keeping up a constant retreating fire behind houses. The main body forms; the Americans press the men hard, and soon get possession of half their artillery. Finding, from the position of their enemy, that they are surrounded, and must inevitably be cut to pieces if they make any further resistance, they agree to lay down their arms, to the number of 23 officers and 886 men.

General Greene and col. Knox (elected by ballot a brigadier the next day, before the news had reached congress) would have persuaded the commander in chief to have pushed on and improved the alarm given to the enemy, to which he was inclined; but the generality of the officers were against it, and his excellency did not then think he could answer going contrary to the judgment of a majority of a council or war. He has since regretted his not seizing the golden opportunity.

Seven of the enemy’s officers were wounded, beside col. Rall mortally. There were about thirty others killed and wounded. The regiments of Rall, Lossberg and Knyphausen, were obliged to surrender. The light-horse, chasseurs, a number of privates, with a few officers, in all to the amount of about 600, escaped by the road leading to Bordentown. The Americans lost about two men; beside two or three frozen to death. Captain Washington, who assisted in securing the artillery, was wounded in both hands. The Americans took in all, 918 prisoners; as many muskets, bayonets and cartouch boxes; 12 drums and 4 colours—an ample compensation for all the sufferings of the preceding night, though they were not trifling. The weather was sleety, snowy and intensely cold, and the road slippery. A more disagreeable, severe, wintry night, is seldom to be met with, even in America.

In the evening gen. Washington repassed the Delaware, carrying with him the prisoners, their artillery and colours—and elevated hopes that this successful attack would draw after it a train of the most beneficial and important consequences. It has excited not less astonishment in the British and auxiliary quarters, than it has done joy in those of the Americans. The Hessians will be no longer terrible; and the spirits of the Americans will rise amazingly. But before this happened, a small party in the neighborhood of Quaker-town had flown to arms, with a resolution not to lay them down more, while they had enemies near them; being provoked to it by the insufferable behavior of some British light-horsemen.

Though gen. Cadwallader did not pass over the Delaware at the time intended, yet the day after the surprise [Dec. 27.] he crossed about two miles above Bristol, with 1500 men, imagining that gen. Washington was still on that side. Receiving intelligence that the enemy had left Mount Holly, he determined upon proceeding to Burlington (even after learning that the successful troops had re-crossed) and upon marching the next day to Bordentown; which was accordingly done, the enemy going off in the utmost confusion on the alarm of his approach. The day he crossed, 500 men were sent from Philadelphia, who passed over to Burlington on the morning of the 28th; in the evening gen. Mifflin sent over 300 more, and soon followed with a further reinforcement of some hundreds, designing to join gen. Cadwallader as soon as possible. Pennsylvania was now roused, and coming in great numbers to the aid of the commander in chief. On the last mentioned day, gen. Greene crossed afresh into the Jerseys with 300 militia. The time for which many of the militia were to serve, was just expiring. In order to prevail with them to continue, they were harangued. Their pride was addressed. They were told that if they withdrew, it would be charged upon them that they were afraid. Application was artfully made to every passion; and not altogether in vain.

[Dec. 29.] General Washington reached Trenton with about 1800 continentals. Twelve hundred of them were released from their enlistment the first of January. Attempts were made to engage them to continue a month or six weeks longer. Ten dollars extra pay was offered; they took the bounty, and near one half went off in a few days after, before the critical moment arrived: It was soon debated whether to order up the Pennsylvania militia from Bordentown, Mount Holly, and elsewhere, to join general Washington. Gen. Knox had prepared Dr. Rush, a member of congress, to assist in effecting the scheme. He was asked in to give his opinion, and declared in favor of ordering them up, which was then done. [Jan. 1, 1777.] The junction of the militia with the continentals (making in the whole about 5000 men) emboldened the latter to remain in their position after hearing that the enemy was advancing toward them. The alarm which had been given, induced the British and auxiliary troops to assemble; and general Grant, with the forces at Brunswick and in that quarter, marched speedily for Princeton. Lord Cornwallis was gone to New-York in his way to Great-Britain; but upon this unexpected turn of affairs, concluded upon deferring his voyage, and returning to the defence of the Jerseys. He pressed on with the greatest expedition; left the fourth brigade, consisting of the 70th, 40th, and 55th regiments, under the command of lieut. col. Mawhood, at Princeton, and the second brigade, under general Leslie, at Maidenhead, and joined the main body by the time they got near Trenton.

Gen. Greene is sent out with a considerable detachment to support a party stationed about a mile off, and to check the march of the enemy; but finds them advancing in such force and so expeditiously, that he is at some difficulty in making a good retreat with the whole of the Americans. Mean while general Washington makes a disposition for an action; which, as the enemy do not come on directly, is afterward varied to prevent their getting in on the American rear. The bridge over Sanpink Creek, is well secured; but can be of little advantage, as the stream is fordable in many places. The American army has between thirty and forty pieces of artillery in front, facing the creek. The fate of the continent seems suspended by a single thread; and the independence of America to hang on the issue of a battle which appears inevitable; and in which the most sanguine son of liberty can scarce flatter himself with the hope of a victory, the enemy being so superior in numbers and discipline. A defeat must be totally ruinous, from the nature of the ground which the Americans occupy.

Sir William Erskine, according to report, advises lord Cornwallis to an immediate attack, saying, “Otherwise Washington, if any general, will make a move to the left of your army: if your lordship does not attack, throw a large body of troops on the road to your left.” The attack is put off till the morning; his lordship might act upon what is said to be a military principle, that the strongest army ought not to attack toward night. Mean while gen. Washington calls a council of war. It is known that they are to be attacked the next day, by the whole collected force of the enemy. The matter of debate is, “Shall we march down on the Jersey side, and cross the Delaware over against Philadelphia, or shall we fight?” Both are thought to be too hazardous. On this gen. Washington says, “What think you of a circuitous march to Princeton?” It is approved, and concluded upon. Providence favors the manœuvre. The weather having been for two days warm, moist and foggy, the ground is become quite soft, and the roads to be passed so deep that it will be extremely difficult, if practicable, to get on with the cattle, carriages and artillery. But while the council is sitting, the wind suddenly changes to the north-west, and it freezes so hard that by the time the troops are ready to move, they pass on as though upon a solid pavement. Such freezings frequently happen in the depth of winter, upon the wind’s coming suddenly about to the north-west. This sudden change of weather gives a plausible pretext for that line of fires which gen. Washington causes to be kindled soon after dark, in the front of his army; and by which he conceals himself from the notice of the enemy, and induces them to believe he is still upon the ground, waiting for them till morning. The stratagem is rendered the more complete by an order given to the men who are entrusted with the business, to keep up the fires in full blaze, till break of day. While the fires are burning, the baggage and three pieces of ordnance are sent off to Burlington for security, and with the design, that if the enemy follow it, the Americans may take advantage of their so doing. The troops march about one o’clock, with great silence and order, and crossing Sanpink Creek, proceed toward and arrive near Princeton a little before day-break. The three British regiments are marching down to Trenton on another road, about a quarter of a mile distant. The centre of the Americans, consisting of the Philadelphia militia, under gen. Mercer, advances to attack them. Col. Mawhood considers it only as a flying party attempting to interrupt his march, and approaches with his 17th regiment so near before he fires, that the colour of their buttons is discerned. He repulses the assailants with great spirit, and they give way in confusion; officers and men seem siezed with a panic, which spreads fast, and indicates an approaching defeat. Gen. Washington perceives the disorder, and penetrates the fatal consequence of being vanquished. The present moment requires an exertion to ward off the danger, however hazardous to his own person. He advances instantly; encourages his troops to make a stand; places himself between them and the British, distant from each other about thirty yards; reins his horse’s head toward the front of the enemy; and boldly faces them while they discharge their pieces; their fire is immediately returned by the Americans, without their adverting to the position of the general, who is providentially preserved from being injured either by foe or friend. The scale is turned, and col. Mawhood soon finds that he is attacked on all sides by a superior force; and that he is cut off from the rest of the brigade. He discovers also, by the continued distant firing, that the fifty-fifth is not in better circumstances. His regiment having used their bayonets with too much severity on the party put to flight by them in the beginning, now pay for it in proportion; near sixty are killed upon the spot, beside the wounded. But the colonel and a number force their way through, and pursue the march to Maidenhead. The fifty-fifth regiment being hard pressed, and finding it impossible to continue its march, makes good its retreat, and returns, by the way of Hillsborough, to Brunswick. The fortieth is but little engaged; those of the men who escape, retire by another road to the same place.

It was proposed to make a forced march to Brunswick, where was the baggage of the whole British army, and gen. Lee; but the men having been without either rest, rum or provisions, for two days and two nights, were unequal to the task. It was then debated whether to file off to Cranberry, in order to cross the Delaware and secure Philadelphia. Gen. Knox urged their marching to Morristown, and informed the commander in chief, that when he passed through that part of the country, he observed that it was a good position. He also remarked, that they should be upon the flank of the enemy, and might easily change their situation, if requisite. By his earnest importunity he prevailed, and the measure was adopted. Gen. Greene was with the main body, which was advanced; and had put it into the Morristown road, without having been first acquainted with the determination. Just as that was concluded upon, the enemy were firing upon the rear of the Americans. Lord Cornwallis had been waked by the sound of the American cannon at Princeton; and finding himself out-generaled, and apprehensive for his stores and baggage, had posted back with the utmost expedition. The army under general Washington marched on to Pluckemin in their way to Morristown, pulling up the bridges as they proceeded, thereby to incommode the enemy and secure themselves. By the time they got there, the men were so excessively fatigued, that a fresh and resolute body of five hundred might have demolished the whole. Numbers lay down in the woods and fell asleep, without regarding the coldness of the weather. The royal army were still under such alarming impressions, that it continued its march from Trenton to Brunswick, thirty miles, without halting, longer at least than was necessary to make the bridges over Stony-Brook and Millstone passable.

Gen. Howe admits that the loss in this affair, was 17 killed, and nearly 200 wounded and missing. But the Americans say, they have taken near 300 prisoners, of whom 14 are officers, all British. Capt. Leslie, the son of the earl of Leven, who was killed in the engagement, was buried by the Americans with the honors of war, not only as a British officer, but in testimony of respect to his lordship’s worth. The American officers commended the bravery of the troops under colonel Mawhood; one of the generals, observing how they fought, exclaimed, “When will our men fight like those fellows!” General Mercer met with hard usage, being bayoneted in three places, of which wounds he is since dead. He was a deserving character, and merited different treatment. Some may pronounce the treatment that captain Philips, of the thirty-fifth grenadiers, has met with, much baser; but not when they have the case properly represented.—The captain, as he was returning from New-York, to join his company, was surprised between Brunswick and Princeton, by a party of militia, who threatened him in case he attempted to escape; regardless of the threat, he clapped spurs to his horse and pushed forward, on which they fired and killed him. General Gates, who is married to the captain’s sister, blames the captain more than the men.

The eagerness of the royal army to reach and secure Brunswick, occasioned their marching through Princeton with such expedition as to divert their attention from either carrying off or destroying the curious orrery belonging to Nassau college. It was contrived and made by an original genius and self-taught astronomer, Mr. Rittenhouse of Philadelphia. There is not the like in Europe. An elegant and neatly ornamented frame raises perpendicular near upon eight feet. In the front of which you are presented, in three several apartments, with a view of the celestial system, the motions of the planets round the sun, and the satellites about the planets. The wheels, &c. that produce the movements, are behind the wooden perpendicular plane, on which the orrery is fixed. By suitable contrivances, you in a short time tell the eclipses of the sun and moon for ages past and ages to come; the like in other cases of astronomy. It is said that lord Cornwallis intended to have carried it over to Great-Britain; no man of conscience can blame his taste, which may have preserved it from ruin, by securing to it that protection while in the hands of the enemy, that might otherwise have been denied. But the children of the _alma mater_, whose it is, triumph in its preservation, though somewhat damaged. The college library did not escape so well as the orrery; but suffered considerable.

Let us attend for a while upon the congress at Baltimore, where they met according to adjournment the 20th of December, and soon after passed the following act—[Dec. 27.] “The congress, having maturely considered the present crisis, and having perfect reliance on the wisdom, vigor and uprightness of gen. Washington, do hereby resolve, That gen. Washington shall be, and he is hereby vested with full, ample and complete powers, to raise and collect together, in the most speedy and effectual manner, from any or all of these United States, 16 battalions of infantry, in addition to those already voted by congress; to appoint officers for the said battalions of infantry; to raise, officer and equip three thousand light-horse, three regiments of artillery, and a corps of engineers, and to establish their pay; to apply to any of the states for such aid of the militia as he shall judge necessary; to form such magazines of provisions, and in such places as he shall think proper; to displace and appoint all officers under the rank of brigadier general, and to fill up all vacancies in every other department in the American armies; to take, wherever he may be, whatever he may want for the use of the army, if the inhabitants will not sell it, allowing a reasonable price for the same; to arrest and confine persons who refuse to take the continental currency, or are otherwise disaffected to the American cause; and return to the states of which they are citizens, their names, and the nature of their offences, together with the witnesses to prove them; and, that the foregoing powers be vested in gen. Washington, for and during the term of six months from the date hereof, unless sooner determined by congress.”

They also “Resolved, that the council of safety of Pennsylvania, be requested to take the most vigorous and speedy measures for punishing all such as refuse continental currency; and that the general be directed to give all necessary aid to the council of safety, for carrying their measures on this subject into effectual execution.”

[Dec. 28.] “Resolved that two large floating batteries be built on Lake Champlain, to cover the boom and the bridge at Tyconderoga; that a fort be constructed on Mount Independence; that the navigation of the lake near that place, be obstructed by sunken cassoons, joined together by string-pieces, so as, at the same time, to serve for a bridge between the fortifications on the east and west side; and that fort Stanwix be strengthened, and other fortifications made at proper places near the Mohawk river.”

[Dec. 30.] It was “Resolved, That commissioners be forthwith sent to the courts of _Vienna_, _Spain_, _Prussia_ and the grand duke of _Tuscany_—that the several commissioners of the United States be instructed to assure the respective courts, that notwithstanding the artful and insidious endeavors of the court of Great-Britain, it is their determination, at all events, to maintain their independence—that they be directed to use every mean in their power to procure the assistance of the emperor of Germany, and of their most Christian, Catholic and Prussian majesties, for preventing German, Russian, or other foreign troops, from being sent to America for hostile purposes against these United States, and for obtaing a recal of those already sent—and, that his most Christian majesty be induced, if possible, to assist the United States in the present war with Great-Britain, by attacking the electorate of Hanover, or any part of the dominions of Great-Britain, in Europe, the East or West-Indies.” His mos Christian majesty was to be assured, “That should his forces be employed, in conjunction with those of the United States, to exclude his Britannic majesty from any share in the cod-fishery of America, by reducing the islands of Newfoundland and Cape-Breton, and ships of war be furnished, when required by the United States, to reduce Nova-Scotia; the fishery shall be enjoyed equally and in common, by the subjects of his most Christian majesty and of these states, to the exclusion of all other nations and people whatever; and half the island of Newfoundland shall be owned by, and be subject to the jurisdiction of his most Christian majesty, provided the province of Nova-Scotia, the island of Cape-Breton, and the remaining part of Newfoundland be annexed to the territory and government of the United States.” If these proposals were not sufficient to produce a declaration of war, and it could not be otherwise accomplished, his most Christian majesty was to be assured, “That such of the British West-India islands, as in the course of the war shall be reduced by the united forces of France and these states, shall be yielded in absolute property to his most Christian majesty: and the United States engage, on timely notice to furnish at their expence, and deliver in some convenient port or ports, in the said United States, provisions for carrying on expeditions against the said islands, to the amount of two millions of dollars, and six frigates mounting not less than twenty-four guns, each manned and fitted for the sea; and to render any other assistance which may be in their power as becomes good allies.”

The commissioners of the courts of France and Spain were to consult together, and prepare a treaty of commerce and alliance, to be proposed to the court of Spain, adding thereto, “that if his Catholic majesty will join the United States in a war against Great-Britain, they will assist in reducing to the possession of Spain the town and harbour of Pensacola, provided the citizens and inhabitants of the United States shall have the free and uninterrupted navigation of the Missisippi, and use of the harbour of Pensacola; and will, provided it be true, that his Portuguese majesty has insultingly expelled the vessels of these states from his ports, or has confiscated any such vessels, declare war against the said king, if that measure shall be agreeable to, and be supported by the courts of France and Spain.”

[Jan. 3, 1777.] “Whereas congress hath received information, that Richard Stockton, esq. of New-Jersey, and a member of this congress, hath been made a prisoner, and ignominiously thrown into a common jail, and their detained—Resolved, That gen. Washington be directed to make immediate enquiry into the truth of this report, and if he finds reason to believe it well founded, that he send to gen. Howe, remonstrating against this departure from that humane procedure which has marked the conduct of these states to prisoners who have fallen into their hands; and to know of gen. Howe, whether he chooses this shall be the future rule for treating all such on both sides, as the fortune of war may place in the hands of either party.”

The capture of gen. Lee has proved inconvenient to both sides, and calamitous to individuals. Somewhat like a cartel was before established for the exchange of prisoners between generals Howe and Washington. Gen. Lee being particularly obnoxious to government, and Howe perhaps having received prior instructions how to conduct himself with respect to him individually, (for he can have had none as yet upon the news of his capture) his exchange was refused. Washington having no prisoner of equal rank, proposed six Hessian field officers to balance that disparity: and, if this was not accepted, required that he should be treated suitable to his sitation, and the precedent already set by the Americans in regard to the British officers they had captivated. It was answered, that as Lee was a deserter from his majesty’s service, he could not be considered as a prisoner of war, nor come within the conditions of the cartel, nor receive any of its benefits. A fruitless discussion ensued: and Lee was still confined, watched and guarded with the utmost strictness and jealousy; which produced the following congressional act—[Jan. 6.] “Congress being informed that major gen. Lee hath, since his captivity, been committed to the custody of the provost, instead of being enlarged on his parole, according to the humane practice that has taken place with officers of the enemy who have fallen into the hands of the American troops; a treatment totally unworthy of that gentleman’s eminent qualifications, and his rank in the service of the United States, and strongly indicative of further injuries to his person:—Resolved, That gen. Washington be directed to send to general Howe, and inform him, that, should the proffered exchange of gen. Lee for six Hessian field officers not to be accepted, and the treatment of him as abovementioned be continued, the principles of retaliation shall occasion five of the Hessian field officers, together with lieut. col. Archibald Campbell, or any other officers that are or shall be in our possession equivalent in number or quality, to be detained in order that the said treatment which gen. Lee shall receive may be exactly inflicted upon their persons:—Ordered, that a copy of the above resolution be transmitted to the council of the Massachusetts-bay, and that they be desired to detain lieut. col _Campbell_, and keep him in safe custody till the further order of congress; and that a copy be also sent to the committee of congress in Philadelphia; and that they be desired to have the prisoners, officers and privates, lately taken, properly secured in some safe place.”

When the resolution was received by the Massachusetts council, instead of conforming solely to the words of the order _to keep the colonel in safe custody_, they sent him to Concord jail; where he was lodged in a dungeon of twelve or thirteen feet square whose sides were black with the grease and litter of successive criminals. Two doors with double locks and bolts, shut him from the yard, with an express prohibition from entering it, either for health, or the necessary calls of nature. A leathsome black hole, decorated with a pair of fixed chains, was granted him for his inner apartment; from whence a felon had been removed but the moment before, and in which his litter and excrements remained a fortnight after it was appropriated to the use of the colonel. The attendance of a single servant on his person was denied him, and every visit from a friend positively refused. When he had transmitted an account of these and other matters to Sir William Howe on the 14th of February, and the same had been communicated to gen. Washington, a letter was directly written on the 28th, in which the general says, “You will observe that exactly the same treatment is to be shewn to col. Campbell and the Hessian officers, that gen. Howe shews to gen. Lee; and as he is only confined to a commodious house, with genteel accommodations, we have no right or reason to be more severe upon col. Campbell, who I would wish should be immediately removed from his present situation, and put into a house where he may live comfortably.”

The enemy have in their power and subject to their call, near 300 officers belonging to the army of the United States; while the Americans have not more than 50 belonging to the enemy. The resolve therefore, of putting in close confinement col. Campbell and the Hessian officers, in order to retaliate Lee’s punishment, seems injurious in every point of view, and to have been entered into without due attention to the consequences. Gen. Lee’s misfortune has sunk him greatly in the opinion of many Americans; and serves to convey a lively idea of the inconstancy and ingratitude of mankind. Some of those very people who, when he was marching to join gen. Washington, regarded him as the guardian angel that was to deliver America, not only censure him bitterly, but even insinuate that he was treacherous. The Americans however, have reaped one advantage by that event—the enemy are convinced that they have not gotten the palladium of America, as they fondly boasted.

Congress have been often, and for a considerable time, in a committee of the whole, upon the state of the treasury, and the means of supporting the credit of the continental currency. At length they have “Resolved [Jan. 14.] That all bills of credit emitted by authority of congress, ought to pass current in all payments, trade and dealings in these states, and be deemed in value equal to the same nominal sums in Spanish milled dollars; and that whosoever shall offer, ask or receive more in the said bills, for any gold or silver coins, bullion, or any other species of money whatsoever, than the nominal sum or amount thereof in Spanish milled dollars, or more in the said bills for any lands, houses, goods or any commodities whatsoever, than the same could be purchased at of the same person or persons, in gold, silver or any other species of money whatsoever; or shall offer to sell any goods or commodities for gold or silver coins, or any other species of money whatsoever, and refuse to sell the same for the said continental bills; every such person ought to be deemed an enemy to the liberties of these United States, and to forfeit the value of the money so exchanged, or house, land or commodity so sold or offered to sale. And it is recommended to the legislatures of the respective states, to enact laws inflicting such forfeitures and other penalties on offenders as aforesaid, as will prevent such pernicious practices—that it be recommended to the legislatures of the United States, to pass laws to make the bills of credit issued by the congress, a lawful tender in payments of public and private debts; and a refusal thereof an extinguishment of such debts; that debts payable in sterling money, be discharged with continental dollars, at the rate of four and six-pence sterling per dollar; and that in discharge of all other debts and contracts, continental dollars pass at the rate fixed by the respective states for the value of Spanish milled dollars.”

The several states will undoubtedly make the continental bills a legal tender, agreeable to the recommendation; though therein they establish the perpetration of iniquity by law. There are too many debtors in every state, and general assembly, who will by the help of it clear themselves of incumbrances; and who will feel nothing, or but little, at the injustice they commit in paying their creditors with a depreciated currency, while they have the law of the land in their favor. But all these attempts of congress to keep up the value of the bills, are delusive; and will deceive those most who have the greatest confidence in the wisdom of the present measure. It is scarce possible that they can so far impose upon their own judgments, as to view it in any other light than a momentary relief from a present evil, by subjecting themselves to a greater in future, but which, when it shall arrive, they flatter themselves they shall get rid of by some new expedient.

[Jan. 16.] Congress “Resolved, That a committee of seven be appointed to enquire into the conduct of the British and Hessian generals and officers toward the officers, soldiers and mariners in the service of the United States, and any other persons, inhabitants of these states, in their possession, as prisoners of war or otherwise, and also into the conduct of the said generals and officers, and the troops under their command, toward the subjects of these states and their property, more especially of the states of New-York and New-Jersey.” This committee will undoubtedly authenticate the cruelties of the royal army, which have been too frequent and notorious. The very orders of gen. Howe have not been sufficiently guarded for the preventing of abuses. When the enemy fled from their cantonments in the Jerseys, his orders to col. Donop fell into the hands of the Americans; they expressed that “all salted and meal provisions, which may be judged to exceed the quantity necessary for the subsistence of an ordinary family, shall be considered as a magazine of the enemy, and seized for the king, and given to the troops as a saving for the public.”

When the royal army entered the Jerseys, the inhabitants pretty generally remained in their houses, and many thousands received printed protections, signed by order of the commander in chief. But neither the proclamation of the commissioners, nor protections, saved the people from plunder any more than from insult. Their property was taken or destroyed without distinction of persons. They showed their protections; Hessians could not read them, and would not understand them; and the British soldiers thought they had as good a right to a share of booty as the Hessians. The loyalists were plundered even at New-York. Gen. De Heister may be pronounced the arch-plunderer. He offered the house he lived in at New-York, to public sale; though the property of a very loyal subject, who had voluntarily and hospitably accommodated him with it. The goods of others, suffering restraint or imprisonment among the Americans, were sold by auction. The carriages of gentlemen of the first rank, were seized, their arms defaced, and the plunderer’s arms blazoned in their place; and this too by British officers. Discontents and murmurs increased every hour at the licentious ravages of the soldiery, both British and foreigners, who were shamefully permitted, with unrelenting hand, to pillage friend and foe in the Jerseys.[40] Neither age nor sex was spared. Indiscriminate ruin attended every person they met with. Infants, children, old men and women, were left in their shirts, without a blanket to cover them, under the inclemency of winter. Every kind of furniture was destroyed and burnt; windows and doors were broken to pieces; in short, the houses were left uninhabitable, and the people without provisions; for every horse, cow, ox and fowl, was carried off. Horrid depredations and abuses were committed by that part of the army which was stationed at or near Penny-town. Sixteen young women fled to the woods, to avoid the brutality of the soldiers, and were there seized and carried off. One man had the cruel mortification to have his wife and only daugher (a child of ten years) ravished. Another girl of thirteen, was taken from her father’s house, carried to a barn about a mile off, there dishonored, and afterward abused by five others. A most respectable gentleman in the neighborhood of Woodbridge, was alarmed with the cries and shrieks of a most lovely daughter; he found a British officer in the act of violating her, and instantly put him to death. Two other officers rushed in with their fusees, and fired two balls into the father, who was languishing under his wounds the beginning of January.[41]

These enormities, though too frequently practised in a time of war by the military, unless restrained by the severest discipline, so exasperated the people of the Jerseys, that they flew to arms immediately upon the army’s hurrying from Trenton, and forming themselves into parties, they way-laid the men, and cut them off as they had opportunity. The militia collected. The Americans in a few days over-ran the Jerseys. The army was forced from Woodbridge. Gen. Maxwell surprised Elizabeth-Town, and took near 100 prisoners, with a quantity of baggage. Newark was abandoned. The royal troops were confined to the narrow compass of Brunswick and Amboy, both holding an open communication with New-York by water. They could not even stir out to forage but in large parties, which seldom returned without loss. [Jan. 20.] Gen. Dickenson, with about 400 militia and 50 of the Pennsylvania riflemen, defeated near Somerset court-house, on Millstone river, a foraging party of the enemy, of equal number; and took 40 waggons, upward of 100 horses, beside sheep and cattle which they had collected. They retreated with such precipitation that he could make only nine prisoners; but they were observed to carry off many dead and wounded in light waggons. The general’s behavior reflects the highest honor upon him; for though his troops were all raw, he led them through the river middle deep, and gave the enemy so severe a charge, that although supported by three field-pieces, they gave way and left their convoy.

The whole country was now become hostile to the British army. Sufferers of all parties rose as one man to revenge their personal injuries and particular oppressions, and were the most bitter and determined enemies. They who were incapable of bearing arms, acted as spies, and kept a continual watch, so that not the smallest motion could be made by the royalists, without its being discovered before it could produce the intended effect. This hostile spirit was encouraged by a proclamation of general Washington [Jan. 25.] which commands every person having subscribed the declaration of fidelity to Great-Britain, taken the oaths of allegiance, and accepted protections and certificates from the commissioners, to deliver up the same, and take the oath of allegiance to the United States of America. It grants however, full liberty to all such as prefer the interest and protection of Great-Britain to the freedom and happiness of their country, forthwith to withdraw themselves and families within the enemy’s lines. But it declares, that all who neglect or refuse to comply with the order, within thirty days from the date, will be deemed adherents to the king of Great-Britain, and treated as common enemies to these American States. Some days before the proclamation was issued, a number of the Pennsylvania militia, having served the time fixed upon, were desirous of returning, which was complied with, and the general took the earliest opportunity of returning his most hearty thanks to those brave men, who in the most inclement season of the year nobly stepped forth in defence of their country. He also acknowledged with pleasure the signal services done by the said militia; and with additional satisfaction, the good services of those battalions, who determined to remain with him after the expiration of their times of service. The militia of Pennsylvania are not only entitled to the hearty thanks of the commander in chief, but of the United States; for greatly through their instrumentality, the Jerseys have been nearly recovered, and a victorious and superior army been reduced to act upon the defensive, as well as Philadelphia saved, and Pennsylvania freed from danger. Nor will gratitude forget the share which gen. Mifflin had in exciting them to rise in favour of public liberty.

Toward the end of January a plan was formed for taking Fort Independence, near Kingsbridge, and by so doing, to obtain a passage into New-York island. About 4000 militia of the Massachusetts, Connecticut, and New-York states, in four divisions, under generals Heath, Wooster, Parsons and Lincoln, were destined for the service. Gen. Heath was commander in chief. They marched, the division under Heath from White-Plains—under Wooster and Parsons from New-Rochelle—and under Lincoln from toward Tarry-town. All met on the heights about and near Kingsbridge. The fort had but a trifling garrison, which could have made no effectual resistance, had a vigorous push been instantly made; and the men were in spirits for the attempt. In this way only could it be carried, was defence sttempted, as the Americans had no other artillery than three field-pieces. With these they fired a number of shots at eighty or a hundred Hessians, and a few light-horse, who collected on the other side of Haerlem river; the Hessians were thrown into a momentary confusion, but soon formed again. Gen. Heath demanded a surrender of the fort, and threatened in case of non-compliance. The threat was disregarded. The troops were employed chiefly in picking up tories, and in foraging and taking stores that had been in the possession of the enemy, till more artillery should arrive from Peek’s-kill which a council of war had agreed to send for. About nine days from the first appearance of the Americans before the fort, the artillery came to hand, and consisted of one brass 24 pounder, and two howitzers. The twenty-four pounder was fired twice, when the carriage broke; and a few shells were thrown, without any execution. A great number of teams were then employed in carrying off forage, &c. The enemy who had been reinforced during these delays, sallied out, but were repulsed: soon after the Americans retired, upon a report that some ships were gone up the North-River. Gen Heath’s conduct was censured by men of sense and judgment, who were with him on the expedition. It was fraught with so much caution, that the army was disappointed, and in some degree disgraced. His summons, as he did not fulfil his threats, was idle and farcical, and tended to bring upon all of them the ridicule of their enemies. The Americans suffered much from the weather, and not less from the failure of the expedition. Many of them afterward crossed the North-River, and proceeded to Morristown.

About the time this fruitless expedition commenced, and three days before gen. Washington’s proclamation, plundering had become so prevalent among the American troops, that his excellency had inserted in general orders—“The general prohibits, both in the militia and continental troops, in the most possitive terms, the infamous practices of plundering the inhabitants, under the specious pretence of their being tories. It is our business to give protection and support to the poor distressed inhabitants, not to multiply and increase their calamities. After this order, any officer found plundering the inhabitants under the pretence of their being tories, may expect to be punished in the severest manner. The adjutant general to furnish the commanding officer of each division with a copy of these orders, who is to circulate copies among his troops immediately.” You will regret, that while the British and Hessians plunder the Americans upon the plea of their being rebels; these should plunder their own countrymen upon the plea of their being tories. Humanity and good sense should dictate a different line of conduct, from a belief, that men of opposite sentiments may act conscientiously, while taking contrary parts in a civil contest.

Near upon 2000 of the British went on a foraging party from Amboy. They attacked the American guards and drove them five or six miles. When the latter were reinforced by gen. Maxwell, with about 1400 men, chiefly militia, the others retreated with such precipitation, as to be able to return but two fires, and left behind them six of their men prisoners and two dead. Thus are the troops under lord Cornwallis watched, straitened, and obliged to undergo the hardships of a most severe and unremitting duty; though he has been strengthened by a brigade of British, and some companies of grenadiers and light infantry from Rhode-Island. The order for these troops was sent to lord Percy, gen. Clinton being gone to England. Lord Percy did not immediately comply: but returned for answer, that the enemy were collecting a large force near Providence, of which circumstance he supposes gen. Howe was unacquainted; that he thought it his duty to represent this matter, and to add, that he apprehended it would be dangerous to the service there, to send away so large a corps. Gen. Howe replied, that lord Percy knew the consequence of disobedience of orders, trial by court martial, and certain sentence of being broke; but that he was inclined to show his lordship all the indulgence that his services deserved, at the same time he insisted upon his orders being punctually obeyed. His lordship’s feelings have been so hurt by this reply, that it is apprehended, he will not remain long in a situation that subjects him to gen. Howe.