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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
[August 18, 1778] It is now the 18th. Captain Pyne and Captain Martin having declared themselves quite ready I would not attempt to detain them. They began their journey this Morning. I understand they are to halt at Baltimore a day and an half on business of their own-there I hope to overtake them, otherwise this will go by the common Post and not arrive so early as I could wish.
Mr. Deane late one of our Commissioners at the Court of Versailles, has already been two Mornings engaged before Congress reporting from Notes and Memory his own transactions seperately as
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well as conjunctly with his Colleagues and the state of our Affairs at different periods at that and other Courts in Europe, how many Mornings more the whole Narrative will consume is extreamly uncertain; hitherto he has been very little impeded by questions, when these Commence the progress will be slow-above two hours were employed some days ago in debate upon a motion that Mr. Deane should report to Congress in writing and the motion lost (1)-very much loss of time I foresee will be the consequence; in this debate I clearly discovered that my fellow labourers had as absolutely taken sides as it can be supposed Gentlemen are capable of in a pure unbias'd Assembly. Were I to say as ever Attornies had taken at a Bar I might be charged in the modern term with aberation, nevertheless I have taken the liberty to recommend the fillet and scales of Justice to one of my worthy Colleagues (2) who appears strongly attached to one of the parties, no doubt from conviction that that side is right adding the reply which I had made to Mr. D. after he had related to me in private conversation his state of the case. "Your Account Sir appears to have been very candidly deliver'd, but I dare not flatter you with promises; when I shall have heard the other side I will give my voice as reason and conscience shall dictate." Mr. Deane thank'd me. I remark'd further to my Colleague that nothing short of a written and correct narrative ought to have been accepted by Congress-that if Mr. Deane had acted, which I made no doubt he had, with that accuracy and perspicuity which is the duty of a Gentleman in the Great trust of a Plenipotentiary, nothing could be easier than to render a detail in writing.
As it was incumbent on Mr. Deane to transmit from time to time to Congress advices of all his proceedings, discoveries and observations, and as I could not entertain so degrading a sentiment as a belief of the contrary would involve, very little more than a fair transcript of his letters and journals would be necessary for satisfying the fullest inquiry-without assuming to myself any superiour knowledge I cannot help regretting that the Chair was a bar to the delivery of that opinion in public which arrived too late in friendly conversation after the question had been determined by a majority of nine of thirteen States, thirty two Members present.
Gentlemen had reasoned upon the immense labour of reducing to writing occurences, in three whole years, that the work would procrastinate the business several months, that all that would be deliver'd in writing might in less time and with equal accuracy be related viva voce; those who had not been much accustomed to business, and who lament the waste of time in almost all our proceedings were captivated-but the most curious objection, considering it was started by Mr. Deanes friends, was, that should a narrative in writing be demanded, that Gentleman might avail himself of the advantage of representing glossing &c. &c. as he pleas'd-every un
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bias'd Man now, after reflection sees that the mode we have adopted will extend debates and often lead disputes into warm contests, wandering from the point.
Whose memory will retain all that has been and shall be related on different days at distance times? Whose notes will quadrate with those of a friend on the other side of the question? Who will acknowledge the accuracy, and precision of the memory or minutes of his opponent? Will you Call on Mr. Deane to recollect what he had said and to decide?-here is a field without limits for Oratory and wrangle, and finally for mutual dissatisfaction.(3)
I have troubled Your Excellency thus minutely, because the subject is not minute, it is of the highest importance to our Union. I have been long of opinion and have intimated my sentiments to my friends-that there have been errors on both sides among our Commissioners-Errors, probably not of the heart, and therefore I had wished that a veil had been judiciously drawn, and a wise seperation made of Gentlemen whose tempers when mixed in joint Commission excluded all harmony.
Already we have made this unhappy discovery that our funds abroad are exhausted, our resources dried up, our credit lost in the West Indies; our Bills of Exchange which are pledg'd for the Interest of loans will go forward at the utmost hazard of dishonor-my sentiments on foreign debt conducted in the manner and by the Men it has been, were declared without reserve to my friends in Charlestown some twelve Months ago, and from the present gloomy prospect it was, that I lately intimated to one of them that our Affairs were in a deplorable state, more so my Dear Sir, than you can form an Idea of, & more so than I ought just now to express-the value of our Current paper Money, is to be determined by the price of articles given in Exchange-this comparison will sink it low indeed-add to all this the injudicious behaviour of people in general, who flatter themselves with persuations that our troubles are at end and who act accordingly-the cunning ones striving to depreciate the value of our Money in order to get as much of it as by all means they can obtain-the simple by an almost total neglect of measures essentially necessary to be continued and pursued by a Nation in our circumstances. Immediately after we had repossessed this City, General Washington in the spirit of a watchful and wise Commander in Chief, sent General Duportail with a letter to Congress (4) recommending the immediate securing the River against Assaults from the Enemy, and for that purpose gave the General, who is principal Engineer ample instructions. We have been here upwards of seven weeks, I have repeatedly urged Congress to hear the instructions read, yet to this moment no step is taken-we are in danger of being routed again whenever two or three English ships of War shall be ordered up this River, and should Count d'Estaing be
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over power'd or block'd up at Rhode Island, Congress will again be shamefully exiled, possibly in the absence of our Army, captured and all our prisoners retaken-all these things Your Excellency and the state I have the honor of representing should know with proper reservations-there are a thousand other things you are entitled to be informed of, which time and political propriety forbid in the present moment. Therefore I shall leave the subject after one sentence more-I remember to have read or heard some where of a Chief Justice's recommending to a Grand Jury to present the King- permit me to ask my Countrymen if it would be a greater outrage, to present their Attornies (I am in earnest Sir,) for neglect of duty- why are not public Accounts adjusted? Why are not the proceedings of the Confederal Attornies published? I have by strife this day obtain'd a continuation in two volumes including 31st December 1776 which I sent to Your Excellency by this conveyance-half, even quarter diligence would have reached to 1st August 1778 in boards, and to the 19th where I am now in sheets-for the correctness of these which I now transmit I will not be answerable, I know not how they are compiled nor if by any body corrected at the Press.
Major General Mifflin has taken one step on the line of presentment, and although, with submission to his better judgment I think his ground unfirm, yet it may hereafter prove to have been an happy Omen-the first Commandment is the basis of true religion.(5)
Concerning the present Embargo, Congress have recommended to this State and New Jersey to take Measures for ensuring a strict observance, and for preventing infractions by evil minded Men on this extensive unguarded Coast and upon the numerous Creeks Bays and Inlets (6)-the Commercial Committee have recommended to their Agent in Charlestown (7) to dispatch two Vessels with Rice from that Port. I wont affront Your Excellency by intimating that this is no authority-the motive for the Order is good, to save a faithful Confederal Agent at Hispaniola(8) from absolute ruin by paying protested Bills drawn on our Account, but who brought the unhappy Gentleman into this dilemma? I will not say a faithless Secret Committee, but I have no doubt of proving the fact when I get home. Thank God this is the 19th August and that I have strength enough to write on without dinner at 6 o'clock P.M.-a report from the Committee recommending a relaxation of the Embargo in the particular case abovementioned was offer'd two days ago and remains unconsidered(9) break one link, the gap will be thirteen wide-maugre any and all particular considerations.
20th August. When I had written Yesterday as above, Muckinfuss came in and honored me with your Excellency's favor of the 29th July (l0) which I shall endeavour to pay my respects to, before I lay
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down the Pen. In the mean time a few scraps of intelligence shall precede.
Count d'Estaing from a happy prospect of immediate Conquest at Rhode Island, has in my opinion been decoy'd, what may be the consequence respecting himself is uncertain, but Your Excellency will learn from General Sullivan's last letter of the 14th that our insulated Army were in danger of a Coup de Burgoyne.(1l) Who but my friend General Sullivan would have thought that Lord Howe came within ken of the French fleet merely for the benefit of running away from it? Sandy Hook would have been a much more advantageous starting Post. The French ships are extreamly foul, the bottoms of the English Squadron quite clean, these may take or leave; even the immagination of gaining time for the arrival of a Reinforcement was good, the hope encouraged the risque, but I can hardly think Lord Howe as well as he knows the Count's impetus for fight, could have expected such sudden success to his stratagem. The storm which General Sullivan suffered in will have made a great indisposition of both fleets, and they may have since met by single Combatants-the story of a number of ships of War and others in this River and this bay is not yet explained to us-this draws forth another complaint, upon a conference with Monsr. Girard I pressed, weeks since for a regular daily Courier to and from the Capes and Lewistown either by land or water or both. The expence being for an essential service ought to have been no objection, nor indeed has that Article been the obstacle-mere inattention has kept us in ignorance three days, of vessels of War being in the River.
Three hours of this Morning passed in debate whether Governor Franklin should be given in Exchange for Governor McKinly the previous question by aye and nay-an Oration by S.C. Esquire (12) on the improvement of time with the life and characters of Elizabeth and Mary Qu.of Scots-the comparative beauty of black eyes and blue eyes-adjourned.(13) Seldom a question upon a Million of Dollars, seldom an unquestionable demand for an hundred.
The Confederation is now signed by Delegates from ten States as Your Excellency will see in a paper inclosed-Delaware and New Jersey will probably be instructed when their respective Assemblies meet, Maryland 'tis said will not come in without she receives a dower of Land, New York is not bound unless the whole confederate-the decimal is therefore equal to, a 0.
General Lee's tryal ended a week ago. The sentence of the Court Martial is on the road, and ought to have been a secret until Congress had approved or disapproved, but I have been pretty well informed he is acquitted from the charges for disobedience of Orders and shameful retreat, and censured only for insolent letters to the Commander in Chief-
(14) -the British Officers in New York, who were good judges of
fact have passed quite a different Verdict. Governor
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McKinly assures me upon his honor, they aver he might have taken the whole party before whom he retreated. That his retreat astonished them and led some of them to suspect stratagem-that animadverting on his term "Check"-Sir Wm. Erskine the best Soldier they have, replied, "Lee may call it a check if he pleases, but, by_____ I call it a very handsome flogging, Gentlemen may be convinced now the Americans can and will fight."
By a return lately reported from the Board of War, it appears we have ample stores of Cannon, Powder, Balls, Lead &c. &c. and are not deficient in Muskets-and a Member of that Board promises a report in a few days which will demonstrate cloathing of all species for upwards of 40,000 Men-and yet however strange, near half our little Army have long been and are half naked.
A Schedule to be subjoined or inclosed will shew your Excellency what papers are intended to accompany this & to which please to be referred.
And now in order to give Your Excellency some prospect of relief from a tedious Epistle, I turn to Your Excellency's favour above quoted.
The sequel of the Expedition towards Augustine does not strike disappointment upon my Mind. (15) I will say no more upon the subject at present.
Your Excellency will have received Commissions, both Marine and Army and I will endeavour to transmit more of each by Muckinfuss' return, all Commissions signed by the late President and dated on and after 1st November 1777 ought undoubtedly to be exchanged the objections against them are good.
The Commission granted by Governor Caswell to Colonel Carroll appears to me a bad precedent, (l6) nor will it I apprehend be regarded as a Confederal; were Commissions to be granted by the Executive power of each State, and regular immediate notice given to Congress of name rank and date, it would answer all the ends of the present mode and save trouble, but the law and practice being otherwise, I should suppose the instance in question will be deemed invalid. I can perceive much regulation is wanted in this branch, there is ground for believing that a great, very great number of Officers are receiving pay and Rations who have never been in a field of battle who are scatter'd over the face of the Country on various pretences and many employ'd in their private occasions, who will also by means of Certificates and good swearing entitle themselves to half pay after the war. This circumstance leads into deep reflection upon the total derangement of every important department in the Union
The Enemy do not exchange Seamen for any but Seamen of equal rank, and they treat all our Seamen whom they capture with a rigor and barbarity unheard of before the present contest, hence we have begun to retaliate, but our returns of severity bear no kind of pro-
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portion-I would not advise to exchange Bachop and Osborne for any persons but Seamen of equal Rank-there is no Cartel established-I have already intimated the interruption-but the Commissaries on each side proceed in exchanging Officer for Officer, Soldier for Soldier, Citizen for Citizen-regarding Rank, the Marine Exchange has been govern'd nearly by like principles, but capriciously and arbitrarily executed on the part of the Enemy-after having by every species of cruelty exercised on our Seamen in order to compel them to enter into their service, under which thousands have died languishing miserable deaths, they have exchanged the emaciated survivors, for healthy well fed fellows, compassion for fellow Citizens on our part has induced us to submit to the injustice and inequality of the Exchange.
I shall make enquiry of the Bills of Exchange vended by Mills and communicate to Your Excellency according to discoveries.
The conduct of the Committee under which Mr. Dorsius acted is misterious. I can say nothing of his own, but from them we can obtain no Accounts-upwards of twelve Months since Accounts of their proceedings were order'd by Congress have elapsed-about ten since Mr. Robert Morris desir'd to take the books into his own custody in order to settle them in a six Months leave of absence which he said he had obtained from his State, (l7) and eight Months he threatened to send them back to Congress, which they by no means forbid, yet to this hour we are without books and remain in total ignorance of the expenditure of 2 1/2 Million of Dollars except that we know a very large sum has been shamefully squandered by a brother of Mr. Morris, supported by him after being fully informed of the infamous practices of his brother by the Commissioners at Paris.(18) This, my dear Sir, is another circumstance leading the Minds of Men who have devoted their time and their fortunes to the public service into deep and melancholly reflections.
I have always held a favourable opinion of Mr. Dorsius, nevertheless I would have no further exchanges of Money or Accounts take place between our treasury and him or his Successor whom as an individual I have likewise a good opinion, without an express order or recommendation from Congress. Meaning hereby to deliver only my own opinion in answer to Your Excellency's enquiry. If the waste in the stream makes your heart ache Sir, the prodigality and profusion at the fountain would break it, and yet I believe it will be necessary to draw you there.
My Colleague Mr. Heyward informs me of his determination to return to South Carolina in a day or two, Mr. Hudson is in Boston, Mr. Matthews sick-I shall do myself the honor of addressing Your Excellency again by the conveyance of Mr. Heyward, and also of Muckinfuss-in the mean time as I am now at the 21st I have an opportunity of adding the sentence of the Court Martial on General
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Lee and a copy of a letter from General Sullivan,(19) to which I beg leave to refer, and possibly I may get in tomorrows' Packet-I shall send this to Maryland hoping to overtake Captain Pyne and Martin, whose business at Baltimore they said would detain them till Sunday Noon the 23d.
I have the honor to be &c.
P.S. Your Excellency will do me great honor by communicating such parts as you shall think relative to the late Prest. to Mr. Gervais and to permit Mr. Wells to extract such parts of the papers inclosed for publication.
Schedule of Papers inclosed Mr. Lowndes.
1. General Lee's letter to the Commander in Chief & Answer 30th
June
2. General Sullivan's Letter to the President, dated Providence 1st
Aug.
3. Colonel Lauren's Journal dated Providence 4th Augt.
4. Captains Pine and Martins Receipts for 1940 Dollars.
5. Adam Ferguson's Letter to the President 7th Augt.
6. General Sullivan's Letter to Genl. Washington 13th Augt.
7. J. Morris to Governeur Morris Esqr. 14th Augt.
8. General Sullivan's Letter to the President 17th. Augt.
9. List of Members who have signed the Confederation.
10. New York Lampoon upon Govr. Johnston.
11. Sentence of the General Court Martial on General Lee.
LB (ScHi). A continuation of Laurens to Lowndes, August 16, 1778.
1 Congress had defeated this motion on August 15 by a vote of
nine states to four. JCC, 11 :799-801.
2 William Henry Drayton.
3 Laurens' encounter with Deane and his increasing involvement in the deepening controversy over charges that Deane mishandled public funds during his mission to France have been analyzed at length by Laura Page Frech, "The Career of Henry Laurens in the Continental Congress, 1777-79" (Ph. D. diss., University of North Carolina, Chapel Hill, 1972), pp. 334-60.
4 Laurens is probably referring to Washington's June 30 instructions to General Du Portail on the defense of "[Philadelphia,] the River Delaware and their environs." Washington, Writings (Fitzpatrick), 12:134-35.
5 See Laurens to Thomas Mifflin, August 15, 1778.
6 See JCC, 11:788.
7 Abraham Livingston. See also JCC, 11:815-16.
8 Stephen Ceronio. JCC, 11:810.
9 Laurens seems to be referring to an August 19 report by the chairman of the Commerical Committee, Francis Lewis, recommending that cargoes of rice used by Congress or state governments to make remittances "for the payment of arms ammunition, or other Military Supplies" be exempted from Congress' June 8 provisions embargo. See JCC, 11:815-16; and PCC, item 31, fol. 185. Although there is no mention of this report in the journals, it is endorsed by Laurens: "Report Commercial Committee on Embargo." In any event, there is no evidence
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in the journals that the Commercial Committee submitted a report on the embargo to Congress on August 17.
10 A transcript of President Lowndes' July 29 letter to Laurens is in the Laurens Papers, ScHi.
11 Gen. John Sullivan's August 14 letter to Laurens, describing the precarious situation of his army in Rhode Island, is in PCC, item 160, fols. 149-50, and Sullivan, Papers (Hammond), 2:212-14.
12 Samuel Chase.
13 Although Congress did not approve the exchange of John McKinly, the former president of Delaware, for William Franklin, the last royal governor of New Jersey, on August 20, it did so on September 14. JCC, 11:816-18, 12:909-13. McKinly, who had been in British captivity since September 1777, had proposed his exchange for Franklin in an August 20 letter to Laurens while he was in Philadelphia on a month's parole granted by Sir Henry Clinton. Congress' subsequent decision to approve this exchange was prompted by a September 11 letter from McKinly to Laurens, pointing out that his parole would expire on the 16th and he would be obliged to return to British captivity if the delegates did not act quickly. PCC, item 70, fols. 655, 663; and Del. Archives, 3:1416-17. See also Thomas McKean's Charges against William Thompson, November 19, 1778.
14 In fact Gen. Charles Lee was found guilty of all three charges. John R. Alden, General Charles Lee: Traitor or Patriot? (Baton Rouge: Louisiana State University Press, 1951), chap. 15.
15 In the July 29 letter to Laurens cited above, President Lowndes dealt with the aftermath of an unsuccessful expedition against St. Augustine that had been undertaken by the government of Georgia in conjunction with Gen. Robert Howe, an undertaking Laurens had long opposed.
16 "I have lately seen a Commission," Lowndes wrote to Laurens on July 29, "Issued by Govr. Caswell of No. Carolina to a Colonel Carrol a French Gentleman to Command a Regiment on Continental establishment"-an action Lowndes heartily approved as a rightful exercise of state sovereignty.
17 Lowndes informed Laurens on July 29 that he had rejected a demand by John Dorsius, a Continental agent in Charleston, that South Carolina reimburse him "for supplying some French Gentlemen on their Journey to Congress with Cash &ca.," citing Dorsius' failure to repay a large loan the state government had previously advanced him for Continental ends. Robert Morris was still trying to settle the accounts of the old Secret Committee, which had been replaced in July 1777 by the Committee of Commerce-a task in which he had been engaged for about a year. See JCC, 8:423-24, 12:878-79, 1216-17; and Robert Morris to William Whipple, September 4, 1777.
l8 For an account of Thomas Morris' misconduct as a Continental agent in France, see Robert Morris to Laurens, December 26, 1777.
19 A transcript of Gen. John Sullivan's August 17 letter to Washington, which was read in Congress on the 21st, is in PCC, item 160, fols. 153-54. Laurens incorrectly described himself as the recipient of this letter in the list of documents he appended to the present letter.
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