concerned." Their proceedings in this bufinefs were 1778. expreffed in the form of a declaration, a copy of which was ordered to be figned by the prefident and fent by a flag to the commiffioners at New York. This declaration drew out an exceeding angry and vehement one from the gentleman in question, in which the immediate operations of paffion were rather too apparent. The tone of his publication accorded but badly with the high and flattering eulogiums which he had fo lately bestowed on the Americans, in those very letters which were the fubject of the prefent contest. It was dated the 26th 26. of Auguft, and tranfmitted to congress: together with a declaration of the fame date from lord Carlisle, Sir Henry Clinton, and Mr. Eden, which went to a total and folemn disfavowal, fo far as related to the present subject, of their having had any knowledge, directly or indirectly, of those matters specified by congrefs. The declarations were accompanied by a requifition from the three last named commiffioners refpecting the troops lately serving under gen. Burgoyne, in which they offered to ratify the convention, and required permiffion for the Sept. embarkation of the troops. But congrefs refolved, 4. "That no ratification of the convention, which may be tendered in confequence of powers, which only reach that cafe by construction and implication, or which may fubject whatever is transacted relative to it to the future approbation or difapprobation of the parliament of Great Britain, can be accepted by congrefs."

When all hope of further negotiation with congress was at an end, the commiffioners directed their future publications in the manner of appeals to the people at large; whereby they feemingly realized the charge re

1778.peatedly made, that their only object was, under the in

fidious appearance of conciliation, to excite either a feparation among the colonies, or the people to tumults against their respective governments. Congress not only permitted, but forwarded the republishment of all mat ters upon the fubject; while different American writers undertook to obviate the effect, which the publications iffued by the commiffioners might have upon the body of the people. The ftrongest argument which the Americans advanced upon the occafion was, that they had already concluded a folemn treaty with France for the establishment and on the footing of their independence; that should they break their faith with France, they would forfeit their credit with all foreign nations, be confidered as faithlefs and infamous, and for evermore be cut off from even the hope of foreign fuccour; and that at the fame time they should be thrown on the mercy of those, who had already purfued every meafure of fraud, force, cruelty and deceit, for their destruction; as neither the king, the minifters, nor the parliament of Great Britain, would be under the neceffity of ratifying any one condition which they agreed upon with the commiffioners; or, if they even found it neceffary to ratify them for prefent purposes, it would be only to call a new parliament and then to undo the whole.

The appeals of the commiffioners to the people proving ineffectual, they changed their conduct and denounced hoftility and destruction, in their most terrific oa, forms, to those who had rejected conciliation and friend3. ship. They published a signal valedictory manifefto and

proclamation; and therein warned the people of the total and material change which was to take place in the

future conduct of hoftilities, fhould they still perfevere 1778 in their obftinacy; and more especially as that was faid to be founded upon the pretended alliance with France. The Americans were virtually threatened with all the extremes of war, and to have their country defolated. Be it noted that "The conceffions made in the manifefto and proclamation by the commiffioners, contain a renunciation of every principle upon which the king's ministers have pretended to justify the foundation, or the pursuit of any one object of the war. Thus the irretrievable difgrace of having waged a cruel war for unjustifiable and destructive ends, is fixed upon Britain, by a public avowal upon principle, that the terms offered by America in 1774, before the war, ought to have been accepted as foundations of peace, from their own intrinfic equity and merit, as being more beneficial to the mother country and more fafe to all parties*." Several packages of manifeftos, which enclofed a number tranflated into the German language, and one printed on vellum and figned by lord Carlisle, Sir Henry Clinton and William Eden efq; were made up in order to be fent with flags to congrefs and the particular states in the union. Congress upon being informed of it, declared 16. that the agents employed to diftribute the faid papers were not entitled to protection from a flag, while engaged. in the profecution of fuch nefarious purposes; and recommended it to the feveral states to fecure and keep. them in close custody, but at the fame time to print the manifeftos in the newspapers, to convince the people of the infidious defigns of the commiffioners. They 30. also published a manifefto on their part, in which they

* Hartley.

1778. complained bitterly of the mode practifed by the British in carrying on the war, of the treatment their foldiers and failors had met with, and of their meanly affailing the representatives of America with bribes, with deceit, and the fervility of adulation. After other charges, expreffed in the fevereft language, they concluded with folemnly declaring-" If our enemies prefume to execute their threats, or perfift in their prefent career of barbarity, we will take fuch exemplary vengeance as fhall deter others from a like conduct. We appeal to that God who fearcheth the hearts of men, for the rectitude of our intentions; and in his holy prefence declare, that as we are not moved by any light and hafty fuggestions of anger or revenge, fo, through every poffible change of fortune, we will adhere to this our determination."

1

1

The commiffion has been attended with the fingular circumstance of a letter from the marquis de la Fayette to the earl of Carlisle, challenging that nobleman, as first commiffioner, to the field, there to anfwer in his own perfon, and in single combat, for some harfh reflection on the conduct of the French court and nation, which appeared in thofe public inftruments, that he and his brethren had iffued in their political capacity. The inexperience and heat of youth hurried him into this impropriety against the advice of his warmest American friends, who forefaw that his challenge would of neceffity be flighted.

The other proceedings of congrefs, which have been paffed over, while the negotiation has been confidered, are now to be related.

June

Congress being convinced by experience, that the re- 1778. gulation of prices was an evil, and increased inftead of leffening the difficulties it was meant to cure, recom→ mended in the beginning of June, to the feveral legisla tures that had adopted the measure, the suspension or repeal of their laws for that purpose. The commiffary general, col. Wadsworth, had no hope of feeding the army, while the regulating acts prevailed. Before the recommendation it was fupplied by a violation of the acts, or by contracts made ere they took place. Con- 27. grefs adjourned to meet the Thursday following at the statehoufe in Philadelphia. When a fufficient number of states July were represented, they had before them a packet of letters 7. which had paffed between gen. Heath and gen. Phillips, confequent to the death of lieut. Richard Brown of the 21ft British regiment belonging to the convention troops. at Cambridge. He determined upon paffing the lines on the 17th of June (in a chaife, between two women of eafy virtue) contrary to general orders. The fentry upon stopping him was treated with contempt. The Lieutenant would go on without affigning any reafon, though repeatedly ordered to stop, on which the fentry shot him through the head at Prospect hill. The lan guage of Phillips's letter upon the occafion was fo of fenfive, that Heath confined him to his quarters, under a guard; and infifted on his figning a new parole. These measures produced other letters pro and con. The whole were fubmitted to the infpection of congrefs, who approved of Heath's conduct.

They had before them a paper from Mr. Gerard, 16. wherein he thanked them for the quick dispatch with which they had provided for the first wants of the French