Chapter XXIV: Letter IX: Roxbury, January 29, 1778 (1)

MY DEAR SIR,

The military operations in Pennsylvania, are to be the subjects of our immediate attention. About a fortnight after the German-town battle on the 19th of October the royal army under the command of Sir William Howe, removed to Philadelphia.

Measures being concerted between the general and admiral for clearing the Delaware of its obstructions, the former ordered batteries to be erected on the western or Pennsylvania shore, to assist in dislodging the Americans from Mud-Island. He also detached a strong body of Hessians across the river, who were to march down and reduce the fort at Red-bank, while the ships and batteries on the other side were to attack Mud-Island.—Count Donop commanded the detachment, consisting of three battalions of grenadiers and the regiment of Mirback, beside, light-infantry and chasseurs. The Americans were about four hundred under col. Christopher Greene of Rhode-Island. [Oct. 22.] When near enough, the count sent a flag and demanded a surrender of the fort in the most peremptory terms. The colonel concealed the greatest part of his men, so that the officer with the flag thought the garrison very small. Greene answered—“I shall defend the fort to the last extremity.” Donop attacked the intrenchments, after a sharp action carried an extensive outwork, not half completed; but in the body of the redoubt, which afforded a better covering, the defence was equally vigorous and far more successful. Here indeed the Americans meant to risk the fate of the fort, as they would have the greater advantage of the assailants. The Count was mortally wounded and taken prisoner. Several of the best officers were killed or disabled; and the Hessians, after a desparate engagement, were repulsed. The second in command being also dangerously wounded, the detachment was brought off by lieut. col. Linsing. It suffered not only in the assault but in the approach to and retreat from the fort by the fire of the American gallies and floating batteries. The whole loss was probably not less than 4 or 500 men. Congress have since resolved to present col. Greene with an elegent sword. The men of war and frigates destined for the attack of Mud-Island, alias Fort Mifflin, were equally unfortunate. The ships could not bring their fire to bear with any great effect upon the works. The extraordinary defences with which the free course of the river had been intercepted, had affected its bed, and altered its known and natural channel. By this mean the Augusta man of war and Merlin sloop were grounded so fast, that there was no possibility of getting them off. The Augusta while engaged took fire, and the Merlin was hastily evacuated. The greater part of the officers and crew of the Augusta were saved: but the second lieutenant, chaplain, gunner, and no inconsiderable number of the cammon men perished.—Notwithstanding this ill success, the British commanders prosecuted with vigor the business of opening the navigation.——Nor were the Americans idle; for they left nothing undone to strenghten their defences.

[Oct. 29.] General Washington gave the following state of his army,—“Our whole force by the last returns is 8313 continental troops; and 2717 militia rank and file, fit for duty; beside the garrison of Mud-Island amounting to 300 continentals, of Red-bank 350, and a detachment of militia (on the 26th to reinforce it) 300; and the troops on the other side of Schuylkill 500, making together 1450.” Thus it appears that his whole strength was 12480 men. Sir W. Howe’s probably amounted to more than 10000 rank and file present fit for duty. It had received no increase worth mentioning from among the inhabitants of Pennsylvania or the neighboring states, though large promises had been made (by some sanguine gentlemen who had joined him) that thousands of loyal subjects would repair to the royal standard as soon as it should make its appearance in Pennsylvania. The American commander in chief certainly supposed that gen. Howe’s force exceeded his own in number, for, on the 13th of November, he wrote,—“The army which I have under my immediate command has not, at any one time since gen. Howe’s landing at the head of Elk, been equal in point of numbers to his. In ascertaining this, I do not confine myself to continental troops but comprehend militia. I was left to fight two battles, in order if possible to save Philadelphia, with less numbers than composed the army of my antagonist, whilst the world has given us at least double. This though mortifying in some points of view I have been obliged to encourage; because next to being strong it is best to be thought so by the enemy, and to this cause principally, I think is to be attributed the slow movement of Howe.” The cause was different in the northern department. There the states of New-York and New-England resolving to crush Burgoyne, continued pouring in their troops till the surrender of his army. Had the same spirit prevaded the people of Pennsylvania and the neighboring states. Washington might, before the date of his letter, had Howe nearly in the same situation with Burgoyne. The Pennsylvania militia were said to be 30,000, but about 3000 was the highest number brought into the field. In the estimation of some New-England gentlemen, “the peasants of that country are extremely ignorant and brutish. They are a mixture of high and low Dutch, and so exceeding illiterate, that few of them can read and scarce any can write. They have no other ideas of liberty or slavery, than as it effects their property; and it is immaterial to them, whether Great-Britain or America prevail, so that they may be exempted from paying their proportion of the expences of the war.” Ignorance is the high road to slavery.

While the British were entirely occupied in possessing the city of Philadelphia, gen. Washington sent off lieut. col. Samuel Smith of the Maryland line, with 200 men, who were to proceed and possess themselves of Mud-Island. By quick marches he arrived with his party at the lower ferry, and with difficulty threw himself into the fort, which he found in a wretched condition without ammunition, provision or stores, garrisoned by about thirty militia. He had with him two exellent officers of artillery, to whom he assigned fifty of his best men, who were trained to the guns. The colonel, with commodore Hazlewood and captain Robinson, a brave naval officer, visited Province-island, principally under water, the banks having been cut by order The colonel pointed out two dry places, where the enemy might erect works, the nearest about 4 or 500 yards from that side of the American works where the defences were only palisades, one gun and two weak block-houses. With great labor he undertook to erect a two gun battery without the fort, so as to make a cross fire on the spot. He had not finished, before the enemy took possession of the ground he most dreaded; but by a well directed fire from the block-house batteries and gallies, ere they had a gun ready, the Americans wounded the commander, and the party delivered themselves up prisoners. While these were removing another party came down from the heights, and deceiving major Billard with offers of submission, till too near to be prevented, repossessed themselves of the battery, from whence they annoyed the garrison very much. Many of the men and officers having sickened through the unhealthiness of the place, the colonel was reinforced by the first Virginia regiment of about 120 men. The enemy having got up part of the chevaux-de-Frieze, brough in their shipping, and made an attack as above related. One American squadron of four gallies behaved well, the others kept aloof, the commodore being at the distance of more than a mile. The British, after that unsuccessful attack, applied themselves to the strengthening of their batteries on shore, and nightly sent up their boats with provision to the city, by the passage between Mud and Province islands, while the commodore absolutely refused attempting to prevent them, upon the plea that a single bomb from the enemy would destroy any of his gallies. There came three or four days of uncommon high tides, which drowned some of the British, and hindered their working any of their guns except one howitzer. This opportunity of annoying them considerably, was not duly improved by the gallies. On the decrease of the tides, the British renewed their fire with double vigor, and soon destroyed the American two gun battery, blew up the north-west block-house and laboratory, and compelled the garrison to seek cover in the fort. Colonel Smith, after having defended it from the latter end of September, till the 11th of Nov. a few days excepted, was wounded by a spent cannon-shot, and greatly bruised by the bricks it threw on him, which occasioned his removal to the main. His fatigues and dangers had been extreme; and he supported them with uncommon patience and fortitude. Upon his removal the command devolved on lieut. col. Russel, of the Connecticut line, but he being exhausted with fatigue, and totally destitute of health, requested to be recalled. Upon the 12th, the commander in chief signified his orders to the commanding general on the Jersey side, who directed all the military operations below Philadelphia, “to defend Mud-Island as long as possible, without sacrificing the garrison.” The commanding general, for insuperable reasons, could not detach an officer in rotation. Major Thayer, of the Rhode-Island line, presented himself a volunteer, and was appointed.

The British having every thing in readiness, the Isis and Somerset men of war pass up the east channel to attack the works on Mud-Island in front; several frigates draw up against an American fort, newly erected on the Jersey side, situated so as to flank the men of war in their station; and two armed vessels, the Vigilant, an East-Indiaman cut down to a battery of 20 twenty-four pounders on one side, and a hulk with 3 twenty-four pounders, successfully make their way through a narrow channel on the western side, a matter of the greatest importance, as these two vessels, in concert with the batteries on Province-Island, enfilade the principal works on Mud-Island. On the morning of the 15th of Nov. the whole British fire is displayed from their land batteries and their snipping in the river. The small garrison of 300 men, sustain and repel the shock with astonishing intrepidity for several hours, assisted by the American gallies and the batteries on the Jersey shore. By the middle of the day their defences are levelled with the common mud, and the officers and men expect each other’s fate in the midst of carnage. During the day more than 1030 discharges of cannon, from thirty-two to twelve-pounders, are made in twenty minutes, from the batteries and shipping of both sides. Early in the evening, major Thayer sends all his garrison ashore, excepting forty, with whom he remains, braving all danger. At twelve at night, many of the military stores having been previously sent away, the barracks are fired, when the major and his few brave companions quit, and cross to Red-Bank.[80]

In this affair there were near two hundred and fifty of the garrison killed and wounded. Three councils of war had been called upon the subject of relieving fort Mifflin; and in the last, it was concluded to attempt it, though it was believed that a general engagement would be the consequence; this, however, the Americans did not regard, the ground being such as they wished, if called to fight the enemy. The night before the attempt could be made, the fort was of necessity evacuated. The congress, before this event, had voted lieut. col. Smith an elegant sword for the defence he had made on the 22d of October; but as they had voted at the same time, the like to commodore Hazlewood, commander of the naval force in the Delaware, he did not think himself much honored by it, and declined the present. Men of courage and judgment pronounce the commodore a poltron, and say that if all the officers in the marine department had behaved with equal bravery to what the land officers did, the fort would not have been taken. Several of them are reckoned to have acted a dastardly part. It was observed of Hazlewood, that he was fond of long shot, and was shy of coming to close quarters. The reduction of the fort secured to the British the safe opportunity of sending up their small craft, at the back of the island, to the Schuylkill with provisions and stores, by day as well as by night.

On the 18th, at night, lord Cornwallis marched with a considerable force, and the next day crossed the Delaware, in his way to Red-Bank, which the Americans abandoned, leaving behind them their artillery, and a considerable quantity of cannon-ball. Some continental generals were appointed to give their opinion upon the spot to col. Greene. They favored an evacuation, and wished that he would join them. He answered, “I shall follow your direction, either to evacuate or defend the fort. I know what we have done when the works were not half completed. Now they are finished, and I am not afraid.” But the direction was to evacuate, which was complied with, though with manifest reluctance. The marquis de la Fayette accompanied gen. Greene into Jersey, though his wound was not yet healed; and on the 25th of Nov. with only a handful of riflemen and militia, attacked a party of Hessians and British grenadiers, which he obliged to retreat. After this congress resolved that he should take the command of a division in the army.

The American shipping having now lost all protection, several of the gallies and other armed vessels, took the advantage of a favorable night, kept close in with the Jersey shore, passed the batteries of Philadelphia, and escaped to places of security higher up. The remaining seventeen finding an escape impracticable, were abandoned by the crews and fired. The British however confessed, that the long and unexpected opposition which they received from Red-bank and Mud-island, broke in upon their plans for the remainder of the campaign.

A detachment from the northern army, of some of the New-England brigades, was ordered down to join the American commander in chief. When arrived at Fish-kill, a number of the New-Hampshire troops, to the amount of near 200, mutinied at the barracks on the evening of November the 4th, paraded with their arms, and began to march off in order. The exertions of the officers suppressed them, but capt. Beal was shot and mortally wounded; he killed however the soldier that shot him. The cry was, “We have no money, nor breeches, and will not cross the river till we have received these articles.” It was feared that some officers were at the bottom of the mutiny. As it was soon quelled without infecting the other troops, the whole marched on, till they joined gen. Washington; who being thus reinforced, advanced to White Marsh, within 14 miles of Philadelphia, and encamped in a strong position. Sir W. Howe, hoping that he meant to hazard a battle for the recovery of Philadelphia, or that some part of his camp was vulnerable, and would admit of a successful impression, marched the army from the city on the night of the 4th of December. The day before, gen. Greene gave this distressing picture of the American army to the commander in chief——“One half of our troops are without breeches, shoes and stockings; and some thousands without blankets. Last winter’s campaign will confirm this truth, that unless men are well clothed, they must fall a sacrifice to the severity of the weather, when exposed to the hardships of a winter’s campaign.” Howe’s further proceedings take in Washington’s words, written on the 10th—“I had reason to expect Howe was preparing to give us a general action. On Friday morning his troops appeared on Chesnut-hill; at night they changed their ground. On Sunday from every appearance there was reason to apprehend an action. About sun-set, after various marches and counter-marches, they halted, and still supposed they would attack us in the night, or early the next morning, but in this I was mistaken. On Monday afternoon they filed off, and marched toward Philadelphia. Their loss in skirmishing was not inconsiderable. I sincerely wish they had made an attack, the issue would in all probability have been happy for us. Policy forbad our quitting our posts to attack them.”

[Dec. 11.] The American army marched from White Marsh to Sweed’s-ford. The want of clothing was so extreme that gen. Washington was under the absolute necessity of granting warrants to different officers to impress what the holders would not willingly part with, agreeable to the powers with which congress had invested him. He removed with the troops, on the 19th, to Valley-forge where they hutted about sixteen miles from Philadelphia. When the mode of hutting was first proposed, some treated the idea as ridiculous, few thought it practicable, and all were surprised at the facility with which it was executed. It was certainly a considerable exertion for the remnant of an army, exhausted and worn down, by the severity of a long and rather unsuccessful campaign, to sit down in a wood, and in the latter end of December to begin to build them huts. Through the want of shoes and stockings, and the hard frozen ground, you might have tracked the army from White Marsh to Valley-forge by the blood of their feet.[81] The taking of this position was highly requisite. Had the army retired to the towns in the interior parts of the state, a large tract of fertile country would have been exposed to ravage and ruin; and they must have distressed in a peculiar manner the virtuous citizens from Philadelphia, who had fled thither for refuge.

Sir W. Howe has plainly the advantage of the American general, but nothing to boast of; for all the fruits derived from his various manœuvrings and engagements, from the beginning to the close of the campaign, amount to little beside good winter quarters for his army in Philadelphia, while the troops possess no more of the adjacent country than what their arms immediately command. Certain persons indeed are permitted to carry provisions into the city; that so upon their return they may supply the Americans with intelligence. These must submit to spare a little for such purposes, though in the utmost want themselves. At one time the army remained quiet for four days together without bread; on the fifth two regiments refused to do duty upon the account; but the prudence and pursuasion of the commander in chief restored order. To a similar event there was probably an allusion, in the following extract from his letter of the 23d—“This brought fourth the only commissary in the purchasing line in this camp, and with him this melancholy alarming truth, that he had not a single hoof of any kind to slaughter, and not more than twenty-five barrels of flour, and could not tell when to expect any. The present commissaries are by no means equal to the execution of the office, or the disaffection of the people is past all belief. The change in that department took place contrary to my judgment, and the consequences thereof were predicted. No man ever had his measures more impeded than I have, by every department of the army. Since the month of July we have had no assistance from the quarter-master-general, and to want of assistance from this department the commissary-general charges geat part of his deficiency. We have by a field return this day, no less than 2898 men in camp unfit for duty, because they are barefoot and otherwise naked. Our whole strength in continental troops (including the eastern brigades, which have joined us since the surrender of Burgoyne) exclusive of the Maryland troops sent to Wilmington, is no more than 8200 in camp fit for duty. Since the fourth our number fit through hardships, particularly on account of blankets (numbers have been, and still are obliged to sit up all night by fires, instead of taking comfortable rest in a common way) have decreased near two thousand men.—Upon the ground of safety and policy, I am obliged to conceal the true state of the army from public view, and thereby expose myself to detraction and calumny.—There is as much to be done in preparing for a campaign, as in the active part of it.” Gen. Mifflin in a letter of October the eighth, had represented to congress, that his health was so much impaired, and the probability of a recovery so distant, that he thought it his duty to return to them their commissions to him of major general and quarter-master-general. While the army was suffering as above related for want of shoes, &c. hogsheads of shoes, stockings and clothing, were at different places, upon the road and in the woods, lying and perishing, for want of teams, and proper management, and money to pay the teamsters.

Nothing great has happened in the neighbourhood of New-York, since the return of the troops under general Vaughan from their expedition up the North-River; but it may not displease you to read the following particulars. On the 18th of November, gen. Tryon sent about one hundred men under capt. Emmerick to burn some houses, on Philip’s manor, within about four miles of gen. Parsons’ guards. They effected it with circumstances of barbarity, stripping the clothing off the women and children and turning them almost naked into the streets in a most severely cold night. The men were made prisoners, and led with halters about their necks, with no other clothes than their shirts and breeches in triumph to the British lines. A few days after Parsons wrote to Tryon upon the occasion, expostulating with him upon the business, and told him, That he could destroy the houses and buildings of col. Philips and those belonging to the Delancey family, each as near their lines as the building destroyed were to his guards; that notwithstanding all their vigilence, the destruction could not be prevented and that it was not fear or want of opportunity, but a sense of the injustice and savageness of such a line of conduct, that had hitherto saved the buildings. Tryon answered from Kingsbridge on the 23d, and said among other things, “Sir, could I possibly conceive myself accountable to any revolted subjects of the king of Great-Britain, I might answer your letter of yesterday respecting the conduct of capt. Emmerick’s party upon the taking of Peter and Cornelius Vantassel. As much as I abhor every principle of inhumanity or ungenerous conduct, I should, were I in more authority, burn every committee-man’s house within my reach, as I deem them the wicked instruments of the continued calamities of this country; and in order the sooner to purge the colony of them, I am willing to give twenty silver dollars for every acting committee-man who shall be delivered up to the king’s troops.” The stinging repartee made to this letter was contained in an expedition undertaken immediately after to Greenwich, about three miles from New-York, where a small party arrived in the evening, advanced to Mr. Oliver Delancy’s house secured the sentry, dismissed a few ladies in peace, though rather hastily, made a few men prisoners, burnt the house, occasioned the firing of the alarm guns in New-York, then crossed the river and got safe off.

New-York reminds me of the American prisoners confined in that city, and Philadelphia. In the course of letters that passed between generals Howe and Washington, the former alluded to the cases of royal prisoners of war being injuriously and unjustifiably loaded with irons. The latter, in one of November the 14th, says—“If there is a single instance of a prisoner of war being in irons, I am ignorant of it, nor can I find on the most minute inquiry, that there is the least foundation for the charge. I wish you to particularize the cases you allude to, that relief may be had, if the complaints are well-founded. Now we are upon the subject of grievances, I am constrained to observe that I have a variety of accounts, not only from prisoners who have made their escape, but from persons who have left Philadelphia, that our private soldiers in your hands, are treated in a manner shocking to humanity, and that many of them must have perished through hunger had it not been for the charitable contributions of the inhabitants. It is added in aggravation, that this treatment is to oblige them to inlist in the corps you are raising. I must also remonstrate against the cruel treatment and confinement of our officers. This I am informed is not only the case of those in Philadelphia but of many in New-York. Many of the cruelties exercised toward prisoners are said to proceed from inhumanity of Mr. Cunningham, provost marshall, without your knowledge or approbation. I transmit the depositions of two persons of reputation who are come from Philadelphia, respecting the treatment they received. I will not comment upon the subject. It is too painful.” Howe particularized by saying—“Major Stockdon, and other officers of the New-Jersey volunteers, were put in irons at Princeton. The major and captain of that regiment were marched out of that place, under guard and hand-cuffed together.” Washington rejoined—“When major Stockdon was first captured, I believe that he and one or two officers taken with him, suffered the treatment which you mention. This was without my privity or consent; as soon as I was apprised of it, relief was ordered.—But surely this event, which happened so long ago, will not authorise the charges in your letter of the 6th.”

On the 10th of December, all the American officers were removed from the ships back to Long-Island, from whence they had been taken and carried on board. The inhabitants received them in again, upon Mr. Lewis Pintard’s engaging to pay for them at the rate of two hard dollars per week. There was 250 of them. He acted for Mr. Boudinot. Had he not engaged, their former board not having been paid for, they would have been returned to the ships. All the privates there have been clothed by him. He observed, when informing his principal of these particulars—“The privates should have a little fresh beef, especially the convalescents, who on leaving the hospitals are put to salt meat, and relapse immediately; the consequence of which is, they are dying very fast. I advise sending in weekly a quantity of fresh provision for their consumption.”

The board of war had a conference with Mr. Boudinot, the commissary general of prisoners, at York-town on the 21st of December, and after having carefully examined the evidences produced by him, agreed upon reporting, beside other matters—“That there are about 900 privates, and 300 officers in the city of New-York, and about 500 privates and 50 officers in Philadelphia:—That the privates in New-York have been crowded all summer in sugar-houses, and the officers boarded on Long-Island, except about 30, who have been confined in the provost guard and in the most loathsome jails:—That since the beginning of October all these prisoners, both officers and privates, have been confined in prison-ships, or the provost:—That the privates in Philadelphia have been kept in two public jails, and the officers in the state-house:—That, from the best evidence which the nature of the subject will admit of, the general allowance of prisoners at most does not exceed four ounces of meat, and as much bread (often so damaged as not to be eatable) per day, and often much less, though the professed allowance is from eight to ten ounces:—That it has been a common practice with the enemy, on a prisoner’s being first captured, to keep him three, four, or even five days without a morsel of provisions of any kind, and then to tempt him to inlist to save his life:—That there are numerous instances of prisoners of war perishing in all the agonies of hunger from their severe treatment:—That being generally stript of what clothes they have when taken, they have suffered greatly for the want thereof during their confinement.” This ill-treatment of the American prisoners, though it shortens the lives of numbers, tends only to lengthen the war, by irritating the people at large, among whom it is quickly reported.

Let us now quit the military for the civil department, though with respect to dates we must be retrograde.

On Wednesday, October the 29th, Mr. President Hancock closed the business of the morning by taking leave of congress in the following speech—“Gentlemen, Friday last completed two years and five months since you did me the honor of electing me to fill this chair. As I could never flatter myself your choice proceeded from any idea of my abilities, but rather from a partial opinion of my attachment to the liberties of America, I felt myself under the strongest obligations to discharge the duties of the office, and I accepted the appointment with the firmest resolution to go through the business annexed to it in the best manner I was able. Every argument conspired to make me exert myself, and I endeavored by industry and attention to make up for every other deficiency. As to my conduct both in and out of congress in the execution of your business, it is improper for me to say any thing. You are the best judges. But I think I shall be forgiven, if I say I have spared no pains, expence, or labour, to gratify your wishes, and to accomplish the views of congress.—My health being much impaired, I find some relaxation absolutely necessary, after such constant application; I must therefore request your indulgence for leave of absence for two months. But I cannot take my departure, gentlemen, without expressing my thanks for the civility and politeness I have experienced from you. It is impossible to mention this without a heart felt pleasure.——If in the course of so long a period as I have had the honor to fill this chair, any expressions may have dropped from me that may have given the least offence to any member, as it was not intentional, so I hope his candor will pass it over. May every happiness, gentlemen, attend you, both as members of this house and as individuals; and I pray Heaven, that unanimity and perseverance may go hand in hand in this house; and that every thing which may tend to distract or divide your councils, may be for ever banished.”

The congress in the afternoon, ordered, “That the secretary wait on the president, and request him to furnish the house with a copy of the speech with which he took leave of congress.” When the secretary laid it before them, the Friday following, one of the New-York delegates introduced an answer he had prepared, which breathed too much the soothing air of servility, and possessed too small a portion of republican independency, and was therefore rejected. But it was moved, “That the thanks of congress be presented to John Hancock, esq. for the unremitted attention and steady impartiality which he has manifested in discharge of the various duties of his office as president, since his election to the chair, on the 24th day of May, 1775.” Previous to the determination of this motion, it was moved “to resolve, as the opinion of congress, that it is improper to thank any president for the discharge of the duties of that office.” The South-Carolina delegates being divided, and the New-Jersey delegate not voting, the states were equally divided, four and four. The question being put on the first motion, and these delegates voting in the affirmative, it was accordingly carried, six against four.

When Mr. Hancock was first elected, in consequence of Mr. Peyton Randolph’s being under a necessity of returning to Virginia, it was expected that as soon as the latter repaired again to congress, the former would resign. Of this he was reminded by one of his Massachusetts brethren, when Mr. Randolph got back; but the charms of presidency made him deaf to the private advice of his colleague, and no one could with propriety move for his removal that the other might be restored. In the early stage of his presidency, he acted upon republican principles; but afterward he inclined to the aristocracy of the New-York delegates, connected himself with them, and became their favorite. He at length fell in so fully with their plans, that a Rhode-Island delegate lectured him upon it, and told him that he had forgotten the errand on which he was sent to congress, and advised him to return to his constituents. This versatility in political sentiments, though it chagrined, did not surprise his Massachusetts brethren; for they remembered, that at a certain period he was upon the point of joining the tory club at Boston (as it was called) whereby he alarmed the liberty party most amazingly, and obliged them to exert all their influence to prevent so dangerous and mortifying an event.

In the chair he so acquitted himself, that a member of congress wrote in May, when it was thought he would return to the Massachusetts—“This letter will go by president Hancock, for whose absence from congress I am much concerned, though his great fatigue and long attendance entitle him to some relaxation. How we shall do without him I know not, for we have never yet put in a chairman on a committee of the whole house, that could in any measure fill his place. He has not only dignity and impartiality, which are the great requisites of a president of such a body, but has an alertness, attention and readiness to conceive of any motion and its tendency, and of every alteration proposed in the course of debate, which greatly tends to facilitate and expedite business.” The chair is known to be his fort. As chairman of a committee, or any other body, he presides with much advantage to himself; but it has been and is observed, that the number at the head of whom he is, whether many or few, makes a wide difference in him; when great, he appears to be in his own element, and is all animation; if small it is otherwise. This is common to public characters, especially where there is a fondness for popularity.

[Nov. 1.] “Congress proceeded to the election of a president; and the ballots being taken the honorable Henry Laurens was elected.” He is a South-Carolina delegate, a gentleman of a large estate, and of an approved character. He was in England when the troubles were coming forward, and upon learning the intentions of ministry, returned with a fixed determination to risk all in the cause of his country and liberty. Gen. Washington has pointed out to him gen. Greene, as the most suitable person in his judgment, to succeed in the chief command of the American army, in case he himself should be taken off by death or in any other way.

[Nov. 3.] Colonel Wilkinson, who brought the dispatches from gen. Gates, attended and delivered a message from him to congress, in the following words, “I have it in charge from major gen. Gates, to represent to the honorable congress, that lieut. gen. Burgoyne, at the time he capitulated, was strongly entrenched on a formidable post with twelve days provision: that the reduction of fort Montgomery and the enemy’s consequent progress up the Hudson’s-River endangered our arsenal at Albany, a reflection which left gen. Gates no time to contest the capitulation with lieut. gen. Burgoyne, but induced the necessity of immediately closing with his proposals, hazarding a disadvantageous attack, or retiring from his position for the security of our magazine; this delicate situation abridged our conquests, and procured lieut. gen. Burgoyne the terms he enjoys. Had our attack been carried against lieut. gen. Burgoyne the dismemberment of our army must necessarily have been such as would have incapacitated it from further action. With an army in health, vigor and spitits, major gen. Gates now waits the commands of the honorable congress.” Beside thanking Gates, Lincoln, Arnold, and the rest of the officers and troops under his command the congress resolved the next day, that a medal of gold should be struck in commemoration of the convention, and in the name of the United States presented by the president to major gen. Gates.

[Nov. 7.] Congress resolved, That major gen. Mifflin’s resignation of the office of quarter-master-general be accepted, but that his rank and commission of major general be continued to him, without the pay annexed to that office, until further order of congress.” In October they resolved, “That a board of war be established, to consist of three persons not members of congress.” They now took up that business and proceeded to the election of the board, when major gen. Mifflin, col. Timothy Pickering and col. Bobert H. Harrison were elected. A fortnight after, in consequence of a conference between some of the members and Mifflin, they resolved, “That two additional commissioners be appointed to execute the department of the war office;” and Harrison declining to serve, they on the 27th proceeded to the election of three commissioners, when major gen. Gates, Joseph Trumbull, and Richard Peters, esq’rs. were elected; it was then resolved, “That major gen. Gates be appointed president of the board of war.” Gates was to retain his rank as major general in the army, and to officiate at the board or in the field as occasion might require.

The great business of the CONFEDERATION calls for our next attention. It was on the 11th of June, 1776, that is was resolved to appoint a committee to prepare and digest the form of one. By the 12th of July they brought in a draught, which was read and ordered to be printed for the consideration of congress alone; and no member was to furnish any person with his copy, or take any steps by which the said confedration might be re-printed. After having been before congress nine and thirty times, on different days; a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was agreed to on the 15th of last November, and is as follows:

ARTICLES OF CONFEDERATION AND PERPETUAL UNION between the states of
New-Hampshire, Massachusetts-bay, Rhode-Island and Providence
Plantations, Connecticut, New-York, New-Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Carolinia and
Georgia.

Article 1. The stile of this confederacy shall be “_The United States
of America_.”

Article 2. Each state retains its sovereignty, freedom and
independence, and every power, jurisdiction and right, which is not by
this confederation _expressly_ delegated to the United State in
congress assembled.

Article 3. The said states hereby severally enter into a firm league
of friendship with each other, for their common defence, the security
of their liberties and their mutual and general welfare: binding
themselves to assist each other against all force offered to, or
attacks made upon them or any of them on account of religion,
sovereignty, trade, or any other pretence whatever.

Article 4. The better to secure and perpetuate mutual friendship and
intercourse among the people of the different states in this union,
the free inhabitants of each of these states (paupers, vagabonds and
fugitives from justice excepted) shall be entitled to all privileges
and immunities of free citizens in the several states, and the people
of each state shall have free ingress and regress to and from any
other state, and shall enjoy therein all the privileges of trade and
commerce, subject to the same duties impositions and restrictions as
the inhabitants thereof respectively, provided that such restrictions
shall not extend so far as to prevent the removal of property imported
into any state to any other state, of which the owner is an
inhabitant; provided also that no imposition, duties or restriction,
shall be laid by any state on the property of the United States or
either of them.

If any person guilty of or charged with treason, felony or other high
misdemeanor in any state, shall flee from justice and be found in any
of the United States, he shall upon demand of the governor or
executive power of the state from which he fled, be delivered up and
removed to the state having jurisdiction of his offence.

Full faith and credit shall be given in each of these states to the
records, acts and judicial proceedings of the courts and magistrates
of every other state.

Article 5. For the more convenient management of the general interests
of the United States, delegates shall be annually appointed in such
manner as the legislature of each state shall direct, to meet in
congress on the first Monday in November, in every year, with a power
reserved to each state to recal its delegates or any of them, at any
time within the year, and to send others in their stead, for the
remainder of the year.

No state shall be represented in congress by less than two nor by more
than seven members; and no person shall be capable of being a delegate
for more than three years in any term of six years; nor shall any,
person being a delegate, be capable of holding any office under the
United States, for which he or any other for his benefit, receives any
salary, fees or emolument of any kind.

Each state shall maintain its own delegates in any meeting of the
states, and while they act as members of the committee of the states.

In determining questions in the United States in congress assembled,
each state shall have one vote.

Freedom of speech and debate in congress shall not be impeached or
questioned in any court or place out of congress; and the members of
congress shall be protected in their persons from arrests and
imprisonments, during the time of their going to and from and
attendance on congress, except for treason, felony or breach of the
peace.

Article 6. No state, without the consent of the United States in
congress assembled, shall send any embassy to, or receive any embassy
from, or enter into any conference, agreement, alliance or treaty with
any king, prince or state; nor shall any person holding any office of
profit or trust under the United States, or any of them, accept of any
present, emolument, office or title of any kind whatever from any
king, prince or foreign state; nor shall the United States in congress
assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation or
alliance whatever between them, without the consent of the United
States in congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any
stipulations in treaties entered into by the United States in congress
assembled with any king, prince or state, in pursuance of any treaties
already proposed by congress to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any state,
except such number only, as shall be deemed necessary by the United
States in congress assembled for the defence of such state or its
trade: nor shall any body of forces be kept up by any state, in time
of peace, except such number only as, in the judgment of the United
States in congress assembled, shall be deemed, requisite to garrison
the forts necessary for the defence of such state; but every state
shall always keep up a well regulated, and disciplined militia,
sufficiently armed and accoutred, and shall provide and have
constantly ready for use, in public stores, a due number of
field-pieces and tents, and a proper quantity of arms, ammunition and
camp equipage.

No state shall engage in any war without the consent of the United
States in congress assembled, unless such state be actually invaded by
enemies, or shall have certain advice of a resolution being formed by
some nation of Indians to invade such state, and the danger is so
imminent as not to admit of a delay till the United States in congress
assembled can be consulted; nor shall any state grant commissions to
any ships or vessel of war, nor letters of marque or reprisal, except
it be after a declaration of war by the United States in congress
assembled, and then only against the kingdom or state and the subjects
thereof against which war has been so declared, and under such
regulations as shall be established by the United States in congress
assembled, unless such state be invested by pirates, in which case
vessels of war may be fitted out for that occasion and kept so long as
the danger shall continue, or until the United States in congress
assembled shall determine otherwise.

Article 7. When land forces are raised by any state for the common
defence, all officers of or under the rank of colonel shall be
appointed by the legislature of each state respectively by whom such
forces shall be raised, or in such manner as such state shall direct;
and all vacancies shall be filled up by the state which first made the
appointment.

Article 8. All charges of war and all other expences that shall be
incurred for the common defence or general welfare, and allowed by the
United States in congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several states in proportion
to the value of all land within each state, granted to or surveyed for
any person, as such land and the buildings and improvements thereon
shall be estimated, according to such mode as the United States in
congress assembled shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the
authority and direction of the legislatures of the several states
within the time agreed upon by the United States in congress
assembled.

Article 9. The United States in congress assembled shall have the sole
and exclusive right and power of determining on peace and war, except
in the cases mentioned in the sixth article—of sending and receiving
ambassadors—entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of the
respective states shall be restrained from imposing such imposts and
duties on foreigners as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatsoever—of establishing rules for deciding in all
cases, what captures on land or water shall be legal, and in what
manner prizes taken by land or naval forces in the service of the
United States, shall be divided or appropriated—of granting letters of
marque and reprisal in time of peace—appointing courts for the trial
of piracies and felonies committed on the high seas, and establishing
courts for receiving and determining finally appeals in all cases of
captures, provided that no member of congress shall be appointed judge
of any of the said courts.

The United States in congress assembled shall also be the last resort
on appeal in all disputes and defferences now subsisting or that
hereafter may arise between two or more states concerning boundary
jurisdiction, or any other cause whatever; which authority shall
always be exercised in the manner following whenever the legislative
or executive authority or lawful agent of any state in controversy
with another shall present a petition to congress, stating the matter
in question and praying for a hearing, notice thereof shall be given
by order of congress to the legislative or executive authority of the
other state in controversy, and a day assigned for the appearance of
the parties by their lawful agents, who shall then be directed to
appoint by joint consent commissioners or judges to constitute a court
for hearing and determining the matter in question; but if they cannot
agree, congress shall name three persons out of each of the United
States, and from the list of such persons each party shall alternately
strike out one, the petitioners beginning, until the number shall be
reduced to thirteen; and from that number not less than seven nor more
than nine names, as congress shall direct, shall in the presence of
congress be drawn out by lot; and the persons whose names shall be so
drawn, or any five of them, shall be commissioners or judges to hear
and finally determine the controversy, so always as a major part of
the judges, who shall hear the cause, shall agree in the
determination; and if either party shall neglect to attend at the day
appointed, without showing reasons which congress shall judge
sufficient, or being present shall refuse to strike, the congress
shall proceed to nominate three persons out of each state, and the
secretary of congress shall strike in behalf of such party absent or
refusing; and the judgment and sentance of the court to be appointed,
in the manner before prescribed, shall be final and conclusive; and if
any of the parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the court shall
nevertheless proceed to pronounce sentence or judgment, which shall in
like manner be final and decisive, the judgment or sentence and other
proceedings being in either case transmitted so congress, and lodged
among the acts of congress for the security of the parties concerned:
provided, that every commissioner, before he sits in judgment, shall
take an oath to be administered by one of the judges of the supreme or
superior court of the state, where the cause shall be tried, “well and
truly to hear and determine the matter in question, according to the
best of his judgment, without favor, affection, or hope of reward;”
provided also, that no state shall be deprived of territory for the
benefit of the United States.

All controversies concerning the private right of soil claimed under
different grants of two or more states, whose jurisdictions as they
may respect such lands and the states which passed such grants and
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of
jurisdiction, shall on the petition of either party to the congress of
the United States, be finally determined, as near as may be in the
same manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different states.

The United States in congress assembled shall have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective
states—fixing the standard of weights and measures throughout the
United States—regulating the trade and managing all affairs with the
Indians not members of any of the states; provided that the
legislative right of any state within its own limits be not infringed
or violated—establishing and regulating post offices from one state to
another throughout all the United States, and exacting such postage on
the papers passing through the same as may be requisite to defray the
expences of the said office—appointing all officers of the land forces
in the service of the United States, excepting regimental
officers—appointing all the officers of the naval forces, and
commissioning all officers whatever in the service of the United
States—making rules for the government and regulation of the said land
and naval forces, and directing their operations.