i

ftates, to give directions for à different line of conduct on their part." This threat of retaliation will have little effect upon the British commander; and if no other confideration should prevent, the general humanity of the people would be a bar to its execution. That some different measures ought to be adopted as to the British officers, than what are at prefent given into, must be admitted upon another account; for they have done much mischief to the American cause. During their captivity, they have formed connections in the country; have confirmed the difaffected; converted many igno rant people; and frightened the lukewarm and timid by their stories of the power of Great Britain.

On the 27th of February, congrefs refolved, "That whatever inhabitant of these states shall kill, or feize, or take any loyal citizen or citizens thereof, and convey him, her or them, to any place within the power of the enemy, or fhall enter into any combination for fuch purpose, or attempt to carry the fame into execution, or hath affifted or fhall affift therein; or fhall by giving intelligence, acting as a guide, or in any other manner whatever, aid the enemy in the perpetration thereof, he fhall fuffer death by the judgment of a court-martial, as a traitor, affaffin and spy, if the offence be committed within feventy miles of the head quarters of the grand or other armies of thefe ftates, where a general officer commands." This refolution has been introduced to show you what a ftretch of power congrefs has been guilty of. They have hereby fufpended in particular cafes the judicial authority of the Maffachusetts ftate, which is not the feat of war; and fubjected certain criminals to a trial by a court-martial, inftead of leaving

1778.

1778. bank, and fhowed great good conduct during the action, in which the Heffians were repulfed;" and that "after the evacuation was determined on, he became the means of faving fome valuable artillery and stores, and cheerfully undertook as volunteer the hazardous operation of blowing up the magazine, &c. without apparatus ufually provided upon fuch occafions ;" and concluding with"he poffeffes a degree of modefty not always found in men who have performed brilliant actions."

Two days after, congrefs, on the report from the board of war, refpecting the treatment of the American prisoners in New York and Philadelphia, resolved among other things" That the allowance of two dollars a week to officers, who are prisoners of war to thefe United States do ceafe, unless to those officers who may be entitled thereto by any contract made on or before their captivity or furrender; That in return for permiffion given to purchase provifions of the American commiffaries for the use of the enemy's prifoners, gen. Washington be directed to demand of gen. Howe, liberty to purchase clothing in fuch places as may be under his power for the ufe of the American prifoners: That the commiffary general of prisoners and his refpective deputies, be forthwith directed to call in all the officers and privates belonging to the enemy, and to confine them in fuch places, and order them to be subsisted and treated in fuch manner as fhall render their fituation fimilar, in all respects, to that of the officers and privates who are prisoners with the enemy; and that they continue this mode of treatment, till fuch time as a change of conduct on the part of the enemy fhall induce congrefs, or the commander in chief of the armies of these

ftates, to give directions for a different line of conduct 1778. on their part." This threat of retaliation will have little effect upon the British commander; and if no other confideration fhould prevent, the general humanity of the people would be a bar to its execution. That some different measures ought to be adopted as to the British officers, than what are at prefent given into, must be admitted upon another account; for they have done much mischief to the American cause. During their captivity, they have formed connections in the country; have confirmed the difaffected; converted many ignorant people; and frightened the lukewarm and timid by their stories of the power of Great Britain.

On the 27th of February, congrefs refolved, "That whatever inhabitant of these states fhall kill, or feize, or take any loyal citizen or citizens thereof, and convey him, her or them, to any place within the power of the enemy, or fhall enter into any combination for fuch purpose, or attempt to carry the fame into execution, or hath affifted or fhall affift therein; or fhall by giving intelligence, acting as a guide, or in any other manner whatever, aid the enemy in the perpetration thereof, he fhall fuffer death by the judgment of a court-martial, as a traitor, affaffin and spy, if the offence be committed within feventy miles of the head quarters of the grand or other armies of thefe ftates, where a general officer commands." This refolution has been introduced to fhow you what a ftretch of power congrefs has been guilty of. They have hereby fufpended in particular cases the judicial authority of the Maffachusetts ftate, which is not the feat of war; and fubjected certain criminals to a trial by a court-martial, inftead of leaving

1778. them to the laws of the state. At Providence a general officer commands a small army, at the distance of only forty-five miles from Boston. All bodies of fallible men poffeffed of or claiming power, ought to be narrowly watched, or from good or bad intentions, they will tranfgrefs the limits of their conftitution, without a real neceffity.

3.

Major general Greene was appointed, on the second of March, quarter-master general; but allowed to reMar. tain his rank in the army. The next day, congrefs, upon the report of a committee, refolved, "That lieut, gen. Burgoyne, on account of his ill ftate of health, have leave to embark for England by Rhode-Ifland, or any more expeditious route, with the officers of his family and his fervants." He is engaged by parole, in case the embarkation of the convention troops is prolonged beyond the time apprehended, to return to America upon demand and due notice given, and to re-deliver himself into the power of congrefs, unless regularly exchanged.

Congress have not loft fight of the importance of having the North River and the paffes in the Highlands well fecured, fo as to render any fudden attempt upon Albany by the fame impracticable. Had Sir W. Howe, instead of going by fea to Philadelphia, bent his whole force for the maftering of thefe, as gen. Washington ftrongly fufpected he would do, the independency of the United States must have tottered to the very foundation, if not have been completely fubverted. Whether the plan of making the grand diverfion fouthward, originated with the ministry, himself, or a Pennsylvania refugee-by his leaving the troops under Burgoyne to shift for themfelves, in cafe the reinforcement from Europe did not arrive in

15.

time, the fubjugation of the country may be entirely pre- 1778. vented. Gen. Gates was directed, on the 15th of April, April to repair forthwith to Fish-kill, and to take the command of all the troops on the North River and in the whole northern department. He was alfo to take effectual measures to fecure the communication between the eaftern and fouthern ftates, by maintaining the poffeffion of the river; and for that purpose was empowered to provide gallies, gun-boats, fire rafts, chains, caffoons and cheveaux de Frize, and to erect all neceffary fortifications. Weft Point has for fome time been pitched upon as a proper fpot; and the troops have begun, and are going on to fortify it. When the works are completed, it will be a much stronger poft than fort Montgomery, and is higher up the river, and projects into it. The foldiers, whether militia or continentals, will, according to custom, be employed upon them till finished, without putting the ftates to any particular charge for labor in erecting them.

Congress were expecting that fomething would turn up in Europe favorable to America; and were confirmed in their expectation, upon the receipt of a draught of a bill for declaring the intention of the British parliament as to the exercise of their right of imposing taxes on the Americans, as also the draught of a bill to enable the king to appoint commiffioners with powers to treat, confult and agree upon the means of quieting certain diforders within the colonies. Thefe draughts were fent from Philadelphia to gen. Washington, who forwarded them to York Town. On the 22d of April 22. congrefs took them into confideration, and, observing that they had been induftriously circulated in a partial