1778, March 1778, to give it a final fanction in the form of a

law; and prefented it to prefident Rutledge for his af fent. He refused paffing it, and gave his reafons in a fpeech addreffed to both houses. He urged the oath he had taken to prefide according to the conftitution agreed to by the reprefentatives in 1776; that the bill offered to him annihilated one branch of the legiflature, and transferred the right of electing another branch from the general affembly to the people, and that nothing appeared clearer to him than that they had not lawful power fo to do. He obferved, that the good of the people being the end of government, that is the best form under which they are happieft; and that they are the fitteft judges of what will be moft productive of their happiness. He furmifed that "The people preferred a compounded or mixed government to a fimple democracy, or one verging toward it, perhaps because, how, ever unexceptionable democratic power may appear at the first view, its effects have been found arbitrary, fevere and deftructive. "Certain it is," faid he, " that fyftems which, in theory have been much admired, on trial have not fucceeded; and that projects and experi、 ments relative to government are of all fchemes the most dangerous and fatal." He concluded his address with refigning the office of prefident and commander in chief into their hands, and requesting them to accept it and elect fome perfon in his ftead. A majority of their fuffrages were in favor of the honorable Arthur Middleton; but he had his difficulties as to paffing the bill, and declined the office. The honorable Rawlins Lowndes was foon after elected, and on the 19th of

March gave his affent to the bill containing the new 1778. conftitution *.

Some weeks before this law was paffed, the Randolph frigate of 36 guns and 305 men, commanded by capt. Biddle, failed on a cruise from Charlestown. The Yarmouth of 64 guns discovered her and five other veffels, in the evening of the 7th of March, and came up with her by nine o'clock at night. Capt. Vincent hailed her to hoift colours, or he would fire into her, on which fhe hoifted American, and immediately gave the Yarmouth her broadfide, which was returned, and in about a quarter of an hour fhe blew up. Four men were faved upon a piece of her wreck, and fubfifted for five days upon nothing more than rain water, which they fucked from a piece of blanket they had picked up. On the fifth, the Yarmouth being in chace of a fhip, happily difcovered them waving; the captain humanely fufpended the chace, hauled up to the wreck, got a boat out, and brought them on board t. Three days before this, the Alfred frigate of 20 nine pounders was taken by the Ariadne and Ceres. The Americans have also loft the Virginia frigate.

The crew of an American privateer, in the night of the 27th of January, took the fort of New Providence, being joined by a number of Americans in the place. They continued two days in poffeffion of it, during which time they made themselves mafters of a ship of 16 guns, that was repairing fome damage fuftained by running on a reef of rocks. They likewife poffeffed themselves of five prizes that had been fent in by a letter of marque. The letter of marque * Dr. Ramfay's Hiftory, vol. i. p. 129-138. + Captain Vin cent's letter of March the 17th. Remembrancer, vol. vi. p. 143.

1778. returned, prepared to attack, and got very near the

privateer, when she cut her cables and failed off, having about half an hour before fent away the fhip and three of the prizes, and fet fire to the other two.

Captain James Willing, in the fervice of the United States, arrived with a detachment of men from fort Pitt at the Natches, a British fettlement in Weft Florida, on the evening of the 19th of February; and the next morning early fent out fundry parties, who almost at one and the fame time made the inhabitants prisoners of war on their parole. The colours of the United States being hoifted, and the country taken poffeffion of in their name, the inhabitants fearing the confiscation of their property, waited on capt. Willing to propose terms of accommodation, to which he readily agreed. They are not to take arms against the United States, or to affift their enemies; but are to obferve a ftrict neutrality. During fuch neutrality, their perfons, flaves, and other property, of what kind foever, are to remain safe and unmolested; but the property of all public officers of the British crown is excepted, as alfo the property of all Britifh, who are not refidents in the diftrict. The agreement was figned by the delegates from the people and their affociates, on the one part; and by the captain on the other, the 21ft of February.

f

Since the earliest return of spring, a fucceffion of detachments from.gen. Howe's army have ranged the country for many miles round Philadelphia and in the Jerfeys, chiefly to open the communication for bringing in fupplies, and to collect forage. They have been pretty fuccefsful. But col. Hand, in anfwer to col. Mawhood, charged his troops not only with denying

quarter, but butchering the Americans who furrendered 1778. prifoners, and bayonetting, on the 21st of March, in the moft cruel manner, in cold blood, men who were taken by furprise, when they neither could nor did attempt to make any refiftance, and fome of whom were not fighting men. The fuccefsful furprife of a party of Americans, confifting of fome hundreds, pofted about seventeen miles from the city, took place on the 4th of May. On the 7th, the fecond battalion of British light infantry, in flat boats, attended by three gallies and other armed boats, proceeded up the Delaware, in order to destroy all the American fhips and veffels lying in the river between Philadelphia and Trenton. They landed the next morning; advanced toward Bordentown; drove. the Americans that oppofed them; entered the town, and burnt four ftore-houfes, containing provisions, tobacco, fome military ftores and camp equipage. The country being alarmed, and a strong body collected, the battalion croffed to the Pennsylvania fhore. The next day they refumed their operations, and at fun-fet embarked and returned to Philadelphia. While upon the expedition, they burnt two frigates, one of 32 guns, the other of 28,-nine large fhips-three privateer floops of 16 guns each-three of 10-twenty-three brigs, with a number of floops and schooners. Two of the ships were loaded with tobacco, rum and military stores. Thus ends, most probably, the history of gen. gen. Howe's! fucceffes in North America; for Sir Henry Clinton arrived at Philadelphia on the 8th of May, to fucceed the former, who will foon return to Great Britain.

The British officers, to exprefs their efteem for Sir William Howe, prepared a magnificent entertainment,

1778. with which to grace his departure for Great Britain. It confifted of a variety of parts, on land and water; was called the Mischianza; and was given on Monday the May 18. 18th of May. It was indeed magnificent, began at four in the afternoon, and concluded at four the next morning. There was a grand and beautiful exhibition of fire works; toward the conclufion of which, a triumphal arch appeared glorioufly illuminated, with Fame blowing from her trumpet in letters of light-" Thy laurels. fhall never fade." This prediction would be more likely to receive a fulfilment, had the military atchievements of the general been more answerable to the force he has commanded against the Americans. The American officers planned a different entertainment for him; which had proved fatal to themselves, but for the overfight of one British general.

of

The marquis de la Fayette, with a felect corps. about 2500 men, rank and file, croffed the Schuylkill,' and proceeded to take poft at Barron-hill, about twelve miles in front of the army at Valley-forge. He planted his piquets and videttes, and fent out patroles on all the roads by which it was probable the enemy would approach him. About two miles on his left was Whitemarth, where a number of roads form a junction. The marquis intrufted the guard of thefe roads to fome militia, whom he ordered there, but who never went. A quaker inferring from the marquis's directing him to provide lodgings for the night, that he intended remaining there, fent information of it to the enemy, who by their spies having obtained intelligence of the marquis's fituation, formed an inftantaneous defign of furprifing him. For that purpose, on the night of May