1778
General Washington's exertions to increase his force, and to place it on a respectable footing before the ensuing campaign.
To recruit the army for the ensuing campaign became again an object of vital importance; and the Commander-in-chief again pressed its necessity on congress, and on the states. To obtain a respectable number of men by voluntary enlistment had, obviously, become impossible. Coercion could be employed only by the state governments; and it required all the influence of General Washington to induce the adoption of a measure so odious in itself, but so indispensable to the acquirement of means to meet the crisis of the war, which, in his judgment, had not yet passed away. He enclosed to each state a return of its troops on continental establishment, thereby exhibiting to each its own deficiency. To those who had not resorted to coercive means, he stated the success with which they had been used by others; and he urged all, by every motive which could operate on the human mind, to employ those means early enough to enable him to anticipate the enemy in taking the field.
To the causes which had long threatened the destruction of the army, the depreciation of paper money was now to be added. It had become so considerable that the pay of an officer would not procure even those absolute necessaries which might protect his person from the extremes of heat and cold. The few who possessed small patrimonial estates found them melting away; and others were unable to appear as gentlemen. Such circumstances could not fail to excite disgust with the service, and a disposition to leave it. Among those who offered their commissions to the Commander-in-chief, were many who, possessing a larger portion of military pride, and therefore feeling with peculiar sensibility the degradation connected with poverty and rags, afforded the fairest hopes of becoming the ornaments of the army. This general indifference about holding a commission; this general opinion that an obligation was conferred, not received by continuing in the service, could not fail to be unfavourable, not only to that spirit of emulation which stimulates to bolder deeds than are required, but to a complete execution of orders, and to a rigid observance of duty.
An officer whose pride was in any degree wounded, whose caprice was not indulged, who apprehended censure for a fault which his carelessness about remaining in the army had probably seduced him to commit, was ready to throw up a commission which, instead of being valuable, was a burden almost too heavy to be borne. With extreme anxiety the Commander-in-chief watched the progress of a temper which, though just commencing, would increase, he feared, with the cause that produced it. He was, therefore, early and earnest in pressing the consideration of this important subject on the attention of congress.
January 10.
Congress send a committee of their own body to the army.
The weak and broken condition of the continental regiments, the strong remonstrances of the General, the numerous complaints received from every quarter, determined congress to depute a committee to reside in camp during the winter, for the purpose of investigating the state of the army, and reporting such reforms as the public good might require.
This committee repaired to head quarters in the month of January. The Commander-in-chief laid before them a general statement, taking a comprehensive view of the condition of the army, and detailing the remedies necessary for the correction of existing abuses, as well as those regulations which he deemed essential to its future prosperity.
This paper, exhibiting the actual state of the army, discloses defects of real magnitude in the existing arrangements. In perusing it, the reader is struck with the numerous difficulties, in addition to those resulting from inferiority of numbers, with which the American general was under the necessity of contending. The memorial is too long to be inserted, but there are parts which ought not to be entirely overlooked. The neglect of the very serious representation it contained respecting a future permanent provision for the officers, threatened, at an after period, to be productive of such pernicious effects, that their insertion in this place will not, it is presumed, be unacceptable.
He recommended as the basis of every salutary reform, a comfortable provision for the officers, which should render their commissions valuable; to effect which the future, as well as the present, ought to be contemplated.
"A long and continual sacrifice of individual interest for the general good, ought not," he said, "to be expected or required. The nature of man must be changed, before institutions built on the presumptive truth of such a principle can succeed.
"This position," he added, "is supported by the conduct of the officers of the American army, as well as by that of all other men. At the commencement of the dispute, in the first effusions of zeal, when it was believed the service would be temporary, they entered into it without regard to pecuniary considerations. But finding its duration much longer than had been at first expected, and that, instead of deriving advantage from the hardships and dangers to which they are exposed, they were, on the contrary, losers by their patriotism, and fell far short of even a competency for their wants, they have gradually abated in their ardour; and, with many, an entire disinclination to the service, under present circumstances, has taken place. To this, in an eminent degree, must be ascribed the frequent resignations daily happening, and the more frequent importunities for permission to resign, from some officers of the greatest merit.
"To this also may be ascribed the apathy, inattention, and neglect of duty, which pervade all ranks; and which will necessarily continue and increase, while an officer, instead of gaining any thing, is impoverished by his commission, and conceives he is conferring, not receiving a favour, in holding it. There can be no sufficient tie on men possessing such sentiments. Nor can any method be adopted to compel those to a punctual discharge of duty, who are indifferent about their continuance in the service, and are often seeking a pretext to disengage themselves from it. Punishment, in this case, would be unavailing. But when an officer's commission is made valuable to him, and he fears to lose it, you may exact obedience from him.
"It is not indeed consistent with reason or justice that one set of men should make a sacrifice of property, domestic ease, and happiness; encounter the rigours of the field, the perils and vicissitudes of war, without some adequate compensation, to obtain those blessings which every citizen will enjoy in common with them. It must also be a comfortless reflection to any man, that, after he may have contributed to secure the rights of his country, at the risk of his life, and the ruin of his fortune, there will be no provision made to prevent himself and his family, from sinking into indigence and wretchedness." With these and other arguments, General Washington recommended, in addition to present compensation, a half pay and pensionary establishment for the army.
"I urge my sentiments," said he, "with the greater freedom, because I can not, and shall not, receive the smallest benefit from the establishment; and can have no other inducement for proposing it, than a full conviction of its utility and propriety."
The wants and distresses of the army, when actually seen by the committee of congress, made a much deeper impression than could have been received from any statement whatever. They endeavoured to communicate to congress the sentiments felt by themselves, and to correct the errors which had been committed. But a numerous body, if it deliberate at all, proceeds slowly in the conduct of executive business; and will seldom afford a prompt corrective to existing mischiefs, especially to those growing out of its own measures.
February 5.
Much of the sufferings of the army was attributed to mismanagement in the quartermaster's department, which, notwithstanding the repeated remonstrances of the Commander-in-chief, had long remained without a head. This subject was taken up early by the committee, and proper representations made respecting it. But congress still remained under the influence of those opinions which had already produced such mischievous effects, and were still disposed to retain the subordinate officers of the department in a state of immediate dependence on their own body. In this temper, they proposed a plan which, not being approved in camp, was never carried into execution.
While congress was deliberating on the reforms proposed, the distresses of the army approached their acme, and its dissolution was threatened. Early in February, the commissaries gave notice that the country, to a great distance, was actually exhausted; and that it would be impracticable to obtain supplies for the army longer than to the end of that month. Already the threatened scarcity began to be felt, and the rations issued were often bad in quality, and insufficient in quantity. General Washington found it necessary again to interpose his personal exertions to procure provisions from a distance.
In the apprehension that the resources of the commissary department would fail before the distant supplies he had taken measures to obtain could reach him, and that the enemy designed to make another incursion into the country around Philadelphia, for the purpose of gleaning what yet remained in possession of the inhabitants, he detached General Wayne, with orders to seize every article proper for the use of an army within fifteen miles of the Delaware, and to destroy the forage on the islands between Philadelphia and Chester.
To defeat the object of this foraging party, the inhabitants concealed their provisions and teams, and gave to the country every appearance of having been entirely pillaged. Before any sufficient aid could be obtained by these means, the bread, as well as the meat, was exhausted, and famine prevailed in camp.
In an emergency so pressing, the Commander-in-chief used every effort to feed his hungry army. Parties were sent out to glean the country; officers of influence were deputed to Jersey, Delaware and Maryland; and circular letters were addressed to the governors of states by the committee of congress in camp and by the Commander-in-chief, describing the wants of the army, and urging the greatest exertions for its immediate relief.
Fortunately for America, there were features in the character of Washington which, notwithstanding the discordant materials of which his army was composed, attached his officers and soldiers so strongly to his person, that no distress could weaken their affection, nor impair the respect and veneration in which they held him. To this sentiment is to be attributed, in a great measure, the preservation of a respectable military force, under circumstances but too well calculated for its dissolution.
Through this severe experiment on their fortitude, the native Americans persevered steadily in the performance of their duty; but the conduct of the Europeans, who constituted a large part of the army, was, to a considerable extent, less laudable; and at no period of the war was desertion so frequent as during this winter. Aided by the disaffected, deserters eluded the vigilance of the parties who watched the roads, and great numbers escaped into Philadelphia with their arms.
In a few days, the army was rescued from the famine with which it had been threatened, and considerable supplies of provisions were laid up in camp. It was perceived that the difficulties which had produced such melancholy effects, were created more by the want of due exertion in the commissary department, and by the efforts of the people to save their stock for a better market, than by any real deficiency of food in the country.
This severe demonstration seems to have convinced congress that their favourite system was radically vicious, and the subject was taken up with the serious intention of remodeling the commissary department on principles recommended by experience. But such were the delays inherent in the organization of that body, that the new system was not adopted until late in April.
At no period of the war had the situation of the American army been more perilous than at Valley Forge. Even when the troops were not entirely destitute of food, their stock of provisions was so scanty that a quantity sufficient for one week was seldom in store. Consequently, had General Howe moved out in force, the American army could not have remained in camp; and their want of clothes disabled them from keeping the field in the winter. The returns of the first of February exhibit the astonishing number of three thousand nine hundred and eighty-nine men in camp, unfit for duty for want of clothes. Scarcely one man of these had a pair of shoes. Even among those returned capable of doing duty, many were so badly clad, that exposure to the cold of the season must have destroyed them. Although the total of the army exceeded seventeen thousand men, the present effective rank and file amounted to only five thousand and twelve.
While the sufferings of the soldiers filled the hospitals, a dreadful mortality continued to prevail in those miserable receptacles of the sick. A violent putrid fever swept off much greater numbers than all the diseases of the camp.
If then during the deep snow which covered the earth for a great part of the winter, the British general had taken the field, his own army would indeed have suffered greatly, but the American loss is not to be calculated.
Washington's Headquarters at Valley Forge
Washington's Headquarters at Valley Forge
Here on December 17, 1777, after the Battles of Brandywine and Germantown and the occupation of Philadelphia by the British, Washington established his headquarters for what may be paradoxically termed the darkest winter of the Revolutionary War. The American Commander-in-Chief chose this place partly for its defensibility and partly to protect Congress, then in session at York, Pennsylvania, from a sudden British attack. It was here that Washington and Baron Steuben planned the reorganization of the American army, and it was here, May 1, 1778, that news reached Washington of the consummation of the French alliance.
Here on December 17, 1777, after the Battles of Brandywine and Germantown and the occupation of Philadelphia by the British, Washington established his headquarters for what may be paradoxically termed the darkest winter of the Revolutionary War. The American Commander-in-Chief chose this place partly for its defensibility and partly to protect Congress, then in session at York, Pennsylvania, from a sudden British attack. It was here that Washington and Baron Steuben planned the reorganization of the American army, and it was here, May 1, 1778, that news reached Washington of the consummation of the French alliance.
Attempt to surprise Captain Lee's corps, and the gallant resistance made by him.
March 28.
Happily, the real condition of Washington was not well understood by Sir William Howe; and the characteristic attention of that officer to the lives and comfort of his troops, saved the American army. Fortunately, he confined his operations to those small excursions that were calculated to enlarge the comforts of his own soldiers, who, notwithstanding the favourable dispositions of the neighbouring country, were much distressed for fuel, and often in great want of forage and fresh provisions. The vigilance of the parties on the lines, especially on the south side of the Schuylkill, intercepted a large portion of the supplies intended for the Philadelphia market; and corporal punishment was frequently inflicted on those who were detected in attempting this infraction of the laws. As Captain Lee was particularly active, a plan was formed, late in January, to surprise and capture him in his quarters. An extensive circuit was made by a large body of cavalry, who seized four of his patrols without communicating an alarm. About break of day the British horse appeared; upon which Captain Lee placed his troopers that were in the house, at the doors and windows, who behaved so gallantly as to repulse the assailants without losing a horse or man. Only Lieutenant Lindsay and one private were wounded. The whole number in the house did not exceed ten.[99]That of the assailants was said to amount to two hundred. They lost a sergeant and three men with several horses, killed; and an officer and three men wounded.
The result of this skirmish gave great pleasure to the Commander-in-chief, who had formed a high opinion of Lee's talents as a partisan. He mentioned the affair in his orders with strong marks of approbation; and, in a private letter to the captain, testified the satisfaction he felt. For his merit through the preceding campaign, congress promoted him to the rank of major, and gave him an independent partisan corps to consist of three troops of horse.
Congress determine upon a second expedition against Canada.
While the deficiency of the public resources, arising from the alarming depreciation of the bills of credit, manifested itself in all the military departments, a plan was matured in congress, and in the board of war, without consulting the Commander-in-chief, for a second irruption into Canada. It was proposed to place the Marquis de Lafayette at the head of this expedition, and to employ Generals Conway and Starke, as the second and third in command.
This young nobleman, possessing an excellent heart, and all the military enthusiasm of his country, had left France early in 1777, in opposition to the will of his sovereign, to engage in the service of the United States. His high rank, and supposed influence at the court of Versailles, secured him the unlimited respect of his countrymen in America; and, added to his frankness of manners and zeal in their cause, recommended him strongly to congress. While the claims of others of the same country to rank were too exorbitant to be gratified, he demanded no station in the army; would consent to receive no compensation, and offered to serve as a volunteer. He had stipulated with Mr. Deane for the rank of major general without emolument; and, on his arrival in America, that rank was conferred on him, but without any immediate command. In that capacity, he sought for danger, and was wounded at the battle of Brandywine. He attached himself with the ardour of youth to the Commander-in-chief, who smoothed the way to his receiving a command in the army equal to his rank.
The first intimation to General Washington that the expedition was contemplated, was given in a letter from the president of the board of war of the 24th of January, inclosing one of the same date to the Marquis, requiring the attendance of that nobleman on congress to receive his instructions. The Commander-in-chief was requested to furnish Colonel Hazen's regiment, chiefly composed of Canadians, for the expedition; and in the same letter, his advice and opinion were asked respecting it. The northern states were to furnish the necessary troops.
Without noticing the manner in which this business had been conducted, and the marked want of confidence it betrayed, General Washington ordered Hazen's regiment to march towards Albany; and the Marquis proceeded immediately to the seat of congress. At his request, he was to be considered as an officer detached from the army of Washington, to remain under his orders, and Major General the Baron de Kalb was added to the expedition; after which the Marquis repaired in person to Albany to take charge of the troops who were to assemble at that place in order to cross the lakes on the ice, and attack Montreal.
Before its execution, it is abandoned.
On arriving at Albany, he found no preparations made for the expedition. Nothing which had been promised being in readiness, he abandoned the enterprise as impracticable. Some time afterward, congress also determined to relinquish it; and General Washington was authorized to recall both the Marquis de Lafayette, and the Baron de Kalb.
February 27.
While the army lay at Valley Forge, the Baron Steuben arrived in camp. This gentleman was a Prussian officer, who came to the United States with ample recommendations. He was said to have served many years in the armies of the great Frederick; to have been one of the aids de camp of that consummate commander; and to have held the rank of lieutenant general. He was, unquestionably, versed in the system of field exercise which the king of Prussia had introduced, and was well qualified to teach it to raw troops. He claimed no rank, and offered to render his services as a volunteer. After holding a conference with congress, he proceeded to Valley Forge.
General Conway resigns. Duel between him and General Cadwallader.
Although the office of inspector general had been bestowed on Conway, he had never entered on its duties; and his promotion to the rank of major general had given much umbrage to the brigadiers, who had been his seniors. That circumstance, in addition to the knowledge of his being in a faction hostile to the Commander-in-chief, rendered his situation in the army so uncomfortable, that he withdrew to York, in Pennsylvania, which was then the seat of congress. When the expedition to Canada was abandoned, he was not directed, with Lafayette and De Kalb, to rejoin the army. Entertaining no hope of being permitted to exercise the functions of his new office, he resigned his commission about the last of April, and, some time afterwards, returned to France.[100]The Baron Steuben appointed inspector general.On his resignation, the Baron Steuben, who had, as a volunteer, performed the duties of inspector general, much to the satisfaction of the Commander-in-chief, and of the army, was, on the recommendation of General Washington, appointed to that office with the rank of major general, without exciting the slightest murmur.
This gentleman was of real service to the American troops. He established one uniform system of field exercise; and, by his skill and persevering industry, effected important improvements through all ranks of the army during its continuance at Valley Forge.
1777
While it was encamped at that place, several matters of great interest engaged the attention of congress. Among them, was the stipulation in the convention of Saratoga for the return of the British army to England. Boston was named as the place of embarkation. At the time of the capitulation, the difficulty of making that port early in the winter was unknown to General Burgoyne. Consequently, as some time must elapse before a sufficient number of vessels for the transportation of his army could be collected, its embarkation might be delayed until the ensuing spring.
November 25.
On receiving this unwelcome intelligence, he applied to General Washington to change the port of embarkation, and to substitute Newport, in Rhode Island, or some place on the Sound, for Boston. If any considerations not foreseen should make this proposal objectionable, he then solicited this indulgence for himself and his suite. This request was communicated to congress, in terms favourable to that part of the application which respected General Burgoyne and his suite; but the objections to any change in the convention which might expedite the transportation of the army, were too weighty to be disregarded; and the General pressed them earnestly on congress. This precaution was unnecessary. The facility with which the convention might be violated by the British, and the captured army be united to that under General Howe, seems to have suggested itself to the American government, as soon as the first rejoicings were over; and such was its then existing temper, that the faith and honour of British officers were believed to be no securities against their appearing again in the field. Under this impression, a resolution had passed early in November, directing General Heath to transmit to the board of war a descriptive list of all persons comprehended in the convention, "in order that, if any officer, soldier, or other person of the said army should hereafter be found in arms against these states in North America, during the present contest, he might be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations."
No other notice was taken of the application made by General Burgoyne to congress through the Commander-in-chief, than to pass a resolution "that General Washington be directed to inform General Burgoyne that congress will not receive, nor consider, any proposition for indulgence, nor for altering the terms of the convention of Saratoga, unless immediately directed to their own body."
December.
Contrary to expectation, a fleet of transports for the reception of the troops reached Rhode Island, on its way to Boston, in the month of December. But, before its arrival, the preconceived suspicions of congress had ripened into conviction several circumstances combined to produce this result. General Burgoyne, dissatisfied with the accommodations prepared for his officers in Boston, had, after a fruitless correspondence with General Heath, addressed a letter to General Gates, in which he complained of the inconvenient quarters assigned his officers, as a breach of the articles of the convention. This complaint was considered by congress as being made for the purpose of letting in the principle, that the breach of one article of a treaty discharges the injured party from its obligations.
This suspicion was strengthened by the indiscreet hesitation of General Burgoyne to permit the resolution requiring a descriptive list of his troops to be executed. His subsequent relinquishment of the objection did not remove the impression it had made.
It was also alleged, that the number of transports was not sufficient to convey the troops to Europe; nor was it believed possible that Sir William Howe could have laid in, so expeditiously, a sufficient stock of provisions for the voyage.
These objections to the embarkation of Burgoyne's troops were strengthened by some trivial infractions of the convention, which, it was contended, gave congress a strict right to detain them. It was stipulated that "the arms" should be delivered up; and it appeared that several cartouch boxes and other military accoutrements, supposed to be comprehended in the technical termarms, had been detained. This was deemed an infraction of the letter of the compact, which, on rigid principle, justified the measures afterwards adopted by congress.
Congress forbid the embarkation of the British troops taken at Saratoga.
The whole subject was referred to a committee who reported all the circumstances of the case, whereupon congress came to several resolutions, enumerating the facts already mentioned, the last of which was in these words: "Resolved, therefore, that the embarkation of Lieutenant General Burgoyne, and the troops under his command, be suspended, until a distinct and explicit ratification of the convention of Saratoga shall be properly notified by the court of Great Britain to congress."
These resolutions, together with the report on which they were founded, were transmitted to the several states, and to General Washington. Two copies of them were sent to General Heath, with directions to deliver one of them to General Burgoyne, and with farther directions, "to order the vessels which may have arrived, or which shall arrive, for the transportation of the army under Lieutenant General Burgoyne, to quit, without delay, the port of Boston."
Burgoyne permitted to depart.
On receiving these resolutions, General Burgoyne addressed a letter to congress, containing papers, on which he founded a defence of his conduct, and insisted on the embarkation of his army, as stipulated in the convention; but the committee, to whom these papers were referred, reported their opinion, after the most attentive consideration of them, to be, "that nothing therein contained was sufficient to induce congress to recede from their resolves of the 8th of January last, respecting the convention of Saratoga." This application was accompanied by another letter from General Burgoyne, to be delivered if the army should still be detained, in which, in consideration of the state of his health, he solicited permission to return to England. This request was readily granted.
The impression made on the British nation by the capitulation of Burgoyne, notwithstanding the persevering temper of the king, at length made its way into the cabinet, and produced resolutions in favour of pacific measures.
1778February.
After the rejection of repeated motions made by the opposition members tending to the abandonment of the American war, Lord North gave notice, in the House of Commons, that he had digested a plan of reconciliation which he designed shortly to lay before the house.
Plan of reconciliation with America agreed to in Parliament.
In conformity with this notice, he moved for leave to bring in, "first, A bill for removing all doubts and apprehensions concerning taxation by the Parliament of Great Britain in any of the colonies and plantations of North America.
"Second. A bill to enable his Majesty to appoint commissioners with sufficient powers to treat, consult, and agree upon the means of quieting the disorders now subsisting in certain of the colonies of North America."
The first contained a declaration that Parliament will impose no tax or duty whatever payable within any of the colonies of North America, except only such duties as it may be expedient to impose for the purposes of commerce, the net produce of which should always be paid and applied to and for the use of the colonies in which the same shall be respectively levied, in like manner as other duties collected under the authority of their respective legislatures are ordinarily paid and applied.
The second authorized the appointment of commissioners by the crown, with power to treat either with the existing governments, or with individuals, in America; provided that no stipulations which might be entered into should have any effect until approved in Parliament, other than is afterward mentioned.
It is then enacted, that the commissioners may have power "to proclaim a cessation of hostilities in any of the colonies, to suspend the operation of the non-intercourse law; and farther, to suspend, during the continuance of the act, so much of all or any of the acts of Parliament which have passed since the 10th day of February, 1763, as relates to the colonies.
"To grant pardon to any number or description of persons, and to appoint a governor in any colony in which his majesty had heretofore exercised the power of making such appointments."
These bills passed both houses of Parliament with inconsiderable opposition.
Intelligence of the treaty between the United States and France having been received by the minister about the time of their being introduced, copies of them, before they had gone through the requisite forms, were hurried to America, to be laid before congress and the public, in the hope and expectation that they might counteract the effects which it was feared the treaty with France would produce.
April.
General Washington received early information of their arrival, and entertained serious fears of their operation. He was apprehensive that the publication of a proposition for the restoration of peace on the terms originally required by America, would greatly increase the numbers of the disaffected; and immediately forwarded the bills to congress in a letter suggesting the policy of preventing their pernicious influence on the public mind by all possible means, and especially through the medium of the press.
Communicated to, and rejected by Congress.
April 22.
This letter was referred to a committee, consisting of Messrs. Morris, Drayton, and Dana, by whom a report was made, investigating the bills with great acuteness as well as asperity. This report, and the resolutions upon it, were ordered to be published. Other resolutions were passed the succeeding day, recommending it to the states to pardon under such limitations as they might think proper to make, such of their misguided fellow-citizens as had levied war against the United States.
This resolution was accompanied by an order directing it to be printed in English and in German, and requesting General Washington to take such measures as he should deem most effectual for circulating the copies among the American recruits in the enemy's army.[101]
During these transactions, the frigateLa Sensiblearrived with the important intelligence that treaties of alliance and of commerce, had been formed between the United States of America and France. The treaties themselves were brought by Mr. Simeon Deane, the brother of the American Minister in Paris.
This event had long been anxiously expected, and the delay attending it had been such as to excite serious apprehension that it would never take place.
France was still extremely sore under the wounds inflicted during the war which terminated in 1763. It was impossible to reflect on a treaty which had wrested from her so fair a part of North America, without feeling resentments which would seek the first occasion of gratification.
The growing discontents between Great Britain and her colonies were, consequently, viewed at a distance with secret satisfaction; but rather as a circumstance which might have some tendency to weaken and embarrass a rival, and which was to be encouraged from motives of general policy, than as one from which any definite advantage was to be derived. France appears, at that time, to have required, and wished for, repose. The great exertions of the preceding disastrous war had so deranged her finances, that the wish to preserve peace seems to have predominated in her cabinet. The young monarch, who had just ascended the throne, possessed a pacific unambitious temper, and the councils of the nation were governed by men alike indisposed to disturb the general tranquillity. The advice they gave the monarch was, to aid and encourage the colonies secretly, in order to prevent a reconciliation with the mother country, and to prepare privately for hostilities, by improving his finances, and strengthening his marine; but to avoid every thing which might give occasion for open war. The system which for a time regulated the cabinet of Versailles, conformed to this advice. While the utmost attention was paid to the Minister of Britain, and every measure to satisfy him was openly taken, intimation was privately given to those of the United States, that these measures were necessary for the present, but they might be assured of the good will of the French government.
During the public demonstration of dispositions favourable to England, means were taken to furnish aids of ammunition and arms, and to facilitate the negotiation of loans to the United States; and the owners of American privateers, though forbidden to sell their prizes, or to procure their condemnation, found means to dispose of them privately.
Meanwhile, another party was formed in the cabinet, to whose political system subsequent events gave the ascendency. Its avowed object was to seize the present moment to revenge past injuries, humble the haughty rival of France, and dismember her empire.
Matters remained in a fluctuating state until December, 1777. Privately encouraged, but discountenanced publicly, the prospects of the American Ministers varied according to the complexion of American affairs.
Intelligence of the convention of Saratoga reached France early in December, 1777. The American deputies took that opportunity to press the treaty which had been under consideration for the preceding twelve months; and to urge the importance, at this juncture, when Britain would, most probably, make proposals for an accommodation,[102]of communicating to congress, precisely, what was to be expected from France and Spain.
They were informed by M. Girard, one of the secretaries of the king's council of state, that it was determined to acknowledge the independence of the United States, and to make a treaty with them. That his Most Christian Majesty was resolved not only to acknowledge, but to support their independence. That in doing this, he might probably soon be engaged in a war; yet he should not expect any compensation from the United States on that account; nor was it pretended that he acted wholly for their sakes; since, besides his real good will to them, it was manifestly the interest of France that the power of England should be diminished by the separation of her colonies. The only condition he should require would be that the United States, in no peace to be made, should give up their independence, and return to their obedience to the British government.
On determining to take this decisive course, the cabinet of Versailles had despatched a courier to his Catholic majesty with information of the line of conduct about to be pursued by France. On his return, the negotiation was taken up in earnest, and a treaty of friendship and commerce was soon concluded. This was accompanied by a treaty of alliance eventual and defensive between the two nations, in which it was declared, that if war should break out between France and England during the existence of that with the United States, it should be made a common cause; and that neither of the contracting parties should conclude either truce or peace with Great Britain without the formal consent of the other, first obtained; and they mutually engaged "not to lay down their arms until the independence of the United States shall have been formally, or tacitly assured by the treaty, or treaties that shall terminate the war."
It was the wish of the ministers of the United States to engage France immediately in the war; and to make the alliance, not eventual, but positive. This proposition, however, was rejected.
In a few weeks after the conclusion of these negotiations, the Marquis de Noailles announced officially to the court of London, the treaty of friendship and commerce France had formed with the United States. The British government, considering this notification as a declaration of war, published a memorial for the purpose of justifying to all Europe the hostilities it had determined to commence.
Soon after their commencement, the Count de Vergennes received private intelligence that it was contemplated in the cabinet of London to offer to the United States an acknowledgment of their independence as the condition of a separate peace. He immediately communicated this intelligence to the American ministers, requesting them to lose no time in stating to congress that, though war was not declared in form, it had commenced in fact; and that he considered the obligations of the treaty of alliance as in full force; consequently that neither party was now at liberty to make a separate peace. Instructions of a similar import were given to the minister of France in the United States.
Information received of treaties of alliance and commerce being entered into between France and the United States.
The despatches containing these treaties were received by the president on Saturday the second of May, after congress had adjourned. That body was immediately convened, the despatches were opened, and their joyful contents communicated.
In the exultation of the moment, the treaty of alliance, as well as that of commerce and friendship was published; a circumstance which, not without reason, gave umbrage to the cabinet of Versailles; because that treaty, being only eventual, ought not to have been communicated to the public but by mutual consent.
From this event, which was the source of universal exultation to the friends of the revolution, the attention must be directed to one which was productive of very different sensations.
Among the various improvements which struggling humanity has gradually engrafted on the belligerent code, none have contributed more to diminish the calamities of war, than those which meliorate the condition of prisoners. No obligations will be more respected by the generous and the brave; nor are there any, the violation of which could wound the national character more deeply, or expose it to more lasting or better merited reproach.
In wars between nations nearly equal in power, and possessing rights acknowledged to be equal, a departure from modern usage in this respect is almost unknown; and the voice of the civilized world would be raised against the potentate who could adopt a system calculated to re-establish the rigours and misery of exploded barbarism. But in contests between different parts of the same empire, those practices which mitigate the horrors of war yield, too frequently, to the calculations of a blind and erring resentment. The party which supports the ancient state of things, often treats resistance as rebellion, and captives as traitors. The opposite party, supporting also by the sword principles believed to be right, will admit of no departure from established usage, to its prejudice; and may be expected, if possessing the power, to endeavour, by retaliating injuries, to compel the observance of a more just and humane system. But they participate in the fault imputable to their adversaries, by manifesting a disposition to punish those whom they deem traitors, with the same severity of which they so loudly and justly complain, when they are themselves its victims.
General Gage, as Commander-in-chief of the British army, in the harshness of spirit which had been excited while governor of Massachusetts, not only threw all his prisoners into a common jail, but rejected every proposition for an exchange of them. When the command devolved on Sir William Howe, this absurd system was abandoned, and an exchange[103]took place to a considerable extent. But the Americans had not made a sufficient number of prisoners to relieve all their citizens, and many of them still remained in confinement. Representations were continually received from these unfortunate men, describing in strong terms, the severity of their treatment. They complained of suffering almost the extremity of famine, that even the supply of provisions allowed them was unsound, and that they were crowded into prison-ships, where they became the victims of disease.
When charged with conduct so unworthy of his character and station, Sir William Howe positively denied its truth.
It would be unjust to ascribe this excess of inhumanity to an officer who, though perhaps severe in his temper, did not mingle cruelties in his general system, which would excite universal indignation in other wars. It must be admitted that his supplies of provisions were neither good nor abundant; and that the American soldiers, in their own camp, were unhealthy. But the excessive mortality prevailing among the prisoners can be accounted for on no ordinary principles; and the candid, who were least inclined to criminate without cause, have ever been persuaded that, if his orders did not produce the distress which existed, his authority was not interposed with sufficient energy, to correct the abuses which prevailed.
The capture of General Lee furnished an additional ground of controversy on the subject of prisoners. As he had been an officer in the British service, whose resignation had not, perhaps, been received when he entered into that of America, a disposition was, at first, manifested to consider him as a deserter, and he was closely confined. On receiving information of this circumstance, congress directed General Howe to be assured that Lieutenant Colonel Campbell, and five Hessian field-officers, should be detained, and should experience precisely the fate of General Lee. These officers were taken into close custody, and informed that the resolution announced to General Howe should be strictly enforced.
The sentiments of the Commander-in-chief on the subject of retaliation, seem to have been less severe than those of congress. So great was his abhorrence of the cruelties such a practice must generate, that he was unwilling to adopt it in any case not of absolute and apparent necessity. Not believing that of General Lee to be such a case, he remonstrated strongly against these resolutions.Butcongress remained inflexible; and the officers designated as the objects of retaliation, were kept in rigorous confinement until General Lee was declared to be a prisoner of war.[104]
The resolutions of congress respecting the prisoners taken at the Cedars, were also the source of much embarrassment and chagrin to the Commander-in-chief. Alleging that the capitulation had been violated on the part of the enemy, and that the savages had been permitted to murder some of the prisoners, and to plunder others, they withheld their sanction from the agreement entered into by General Arnold with Captain Forster, and refused to allow other prisoners to be returned in exchange for those liberated under that agreement, until the murderers should be given up, and compensation made for the baggage said to have been plundered. As the fact alleged was not clearly established, Sir William Howe continued to press General Washington on this subject. Reminding him of the importance of a punctilious observance of faith, plighted in engagements like that made by General Arnold, he persisted to hold the Commander-in-chief personally bound for an honourable compliance with military stipulations entered into by an officer under his authority.
General Washington, feeling the keenness of the reproach, pressed congress to change their resolution on this subject; but his remonstrances were, for a long time, unavailing.
After the sufferings of the prisoners in New York had been extreme, and great numbers had perished in confinement, the survivors were liberated for the purpose of being exchanged; but so miserable was their condition, that many of them died on their way home. For the dead as well as the living, General Howe claimed a return of prisoners, while General Washington contended that reasonable deductions should be made for those who were actually dead, of diseases under which they laboured when permitted to leave the British prisons.
Until this claim should be admitted, General Howe rejected any partial exchange. General Washington was immoveable in his determination to repel it; and thus all hope of being relieved in the ordinary mode appeared to be taken from those whom the fortune of war had placed in the power of the enemy.