Oldalképek
PDF
ePub

Given at our Palace at St. James's, the Fourteenth day of May, in the year of our Lord, one thousand feven hundred and eightythree; and in the twenty-third year of our reign.

I, David Hartley, the minifter above-named, certify the foregoing to be a true copy from my original commiflion, delivered to the American minifters, this 19th day of May, 1783. (Signed)

DAVID HARTLEY. The United States of America in Congrefs affembled:

To all to whom thefe prefents fhall come fend Greeting:

WHEREAS thefe United States, from a fincere defire of putting an end to the hoftilities between his Moft Chriftian Majetty and thefe United States on the one part, and his Britannic Majesty on the other, and of terminating the fame by a peace founded on fuch folid and equitable principles as reafonably to promife a permanency of the bleffings of tranquillity, did heretofore appoint the Hon. John Adams, late a commiffioner of the United States of America at the court of Verfailles, late delegate in Congrefs from the ftate of Maffachufutt's, and Chief Justice of the faid ftate, their Minifter Plenipotentiary, with full powers general and special to act in that quality, to confer, treat, agree, and conclude with the amballadors or plenipotentiaries of his Moft Chriftian Majefty, and of his Britannic Majesty, and thofe of any other princes or states whom it might concern, relating to the re-establishment of peace and friendship; and whereas the flames of war have fince that time been extended, and other nations and ftates are involved therein: Now, know ye, that we ftill continuing earnestly defirous, as far as depends upon us, to put a stop to the effufion of blood, and to convince the powers of Europe, that we with for nothing more ardently than to terminate the war by a fate and honourable peace, have thought proper to renew the powers formerly given to the faid John Adams, and to join four other perfons in committion with him; and having full confidence in the integrity, prudence, and ability of the Hon. Benjamin Franklin, our Minister Plenipotentiary at the court of Versailles; and the Hon. John Jay, late Prefident of Congrels and Chief Justice of the state of New-York, and our Minitter Plenipotentiary at the court of Madrid; and the Hon. Henry Laurens, formerly Prefident of Congrefs, and committionated and fent as our agent to the United Provinces of the Low Countries; and the Hon. Thomas Jefferfon, Governor of the com

AMERICAN An act of the General Affembly of Rhode-fland,

palled in February, 1783. "Bienacted by this General Allembly, and by

authority thereof it is enacted, that all the rights and privileges of the Proteftant fubjects of this State, as declared in and by an act inade and paffed the 1st day of March, Anno Domini 1663, be and the fame are hereby fully extended to Roman Catholics; and that they, being of competent eftates and civil converfation, and

monwealth of Virginia, have nominated, conftituted, and appointed, and by thele prefents do nominate, conftitute, and appoint the faid Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferfon, in addition to the faid John Adams, giving and granting to them, the faid John Adams, Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferfon, or the majority of them, or of fuch of them as may al femble, or in cafe of the death, abfence, indifpofition, or other impediments of the others, to any one of them, full power and authority, general and special, conjunctly and feparately, and general and fpecial command to repair to fuch place as may be fixed upon for opening negociations for peace, and there, for us, and in our name, to confer, treat, agree, and conclude with the ambaffadours, commiffioners, plenipotentiaries of the princes and states whom it may concern, vefted with equal powers relating to the establishment of peace; and whatsoever shall be agreed and concluded, for us and in our name to fign; and thereupon make a treaty or treaties, and to tranfact every thing that may be necellary for completing, fecuring, and ftrengthening the great work of pacification, in as ample torm, and with the fame effect, as if we were perfonally present and acted therein, hereby promifing in good faith that we will accept, ratify, fulfil, and execute whatever fhall be agreed, concluded, and figned by our faid Minifters Plenipotentiary, or a majority of them, or of such of them as may affemble, or in cafe of the death, abfence, indifpofition, or other impediment of the others, by any one of them; and that we will never act nor fuffer any perfon to act contrary to the fame, in whole or in any part.

In witness whereof we have caufed these prefents to be figned by our prefident, and fealed

with his feal.

[blocks in formation]

PAPER S.

acknowledging and paying obedience to the civil magistrate, fhall be admitted freemen, and thall

have liberty to choole and be, cholen officers within this State, both military and civil, any exception in the faid act to the contrary notwithftanding"

The above is a true copy of an act, palled by the General Affembly, at February Seffion, Annog; Domini 1783.

HENRY WARD, Sec.

The

The public are already so well acquainted with the rancorous, unmitigated, and we may add, impolitic perfecution of the loyalifts, in all parts of the United States of America, that it is unneceflary to accumulate documents on that fubject. The exceptions made in the following act of oblivion breathe but too much of the fame implacable spirit:

An ACT of PARDON and OBLIVION by the State of NORTH-CAROLINA. WHEREAS it is the policy of all wise states on the termination of all civil wars to grant an Act of Pardon and Oblivion for past offences. And as divers of the citizens of this State, and other the inhabitants thereof, in the course of the late unhappy war, have become liable to great pains and penalties for offences committed against the peace and government of this State; and the General Affembly, out of an earnest desire to obferve the articles of peace, and on all occafions difpofed to forgive offences rather than punith where the neceflity for an exemplary punishment has ceased; be it therefore enacted by the General Allembly of the State of North-Carolina, and it is hereby enacted by the authority of the fame, that all and all manner of treafons, mifprifion of treafon, felony, or misdemeanor, committed or done fince the 4th day of July, 1776, by any perfon or perfons whatsoever be pardoned, relealed, and put in total oblivion.

Provided always, that this act, or any thing therein contained, fhall not extend to pardon or difcharge, or give any benefit whatsoever to perfons who have taken commiffions, or have been denominated officers, and acted as fuch, to the King of Great-Britain; or to fuch as are named in any of the laws, commonly called confifcation laws; or to fuch as have attached themselves to the British, and continued without the limits of the State, and not returned within twelve months previous to the paising this act.

Provided further, that nothing herein contained fhall extend to pardon, Peter Mallet, David Fanning, and Samuel Andrews, or any perfon or perions guilty of deliberate and wilful murder, robbery, rape, or house-burning, or any of them, any thing herein contained to the contrary notwithitanding.

Provided nevertheless that nothing in this act fhall be conftrued to bar any citizen of this State from their civil action for the recovery of debts or damages.

Provided alfo that nothing herein contained fhall entitle any perfon, by this law to be relieved, to elect or be elected to any office or truit in this State, or to hold any office civil or military.

And whereas, by an act pafled at WakeCourt-Houfe, all officers, civil and military, who had taken parole were fufpended from the execution of their refpective offices, and required to appear at the next General Alfembly, to fhew caufe, if any they could, why they should not be removed from the faid office; and, whereas feveral of the officers aforefaid have neglected to appear agreeably to the requifition of the act of Allembly: be it enacted by the General Affembly of the State of North-Carolina; and it is hereby enacted, by the authority of the fame, That all fuch officers, both civil and military,

are hereby declared to ftand fufpended from the
execution of their feveral offices, until they shall
appear at fome future affembly, and be restored to
the execution of their refpective offices, or re-
moved, agreeably to their merits or demerits.
Provided that nothing herein contained shall be
conftrued to exclude a Juftice of the Peace from
executing the duties of his office, who fhall make
it appear to the fatisfaction of the court of his
county, by oath or otherwife, that he was taken
prifoner without his confent and privity, and that
after his capture, he had not voluntarily staid
with the enemy, nor taken an active part in any
manner, by furnishing them willingly with pro-
vifions, bearing arms, or accepting any appoint-
ment in their civil regulations.
Read three times, and ratified in
General Affembly the 17th May,
1783.

RD. CASWELL, S. Senate.
E. STARKEY, S. Commons.

The following proteft is the only attempt that has been publicly made towards leffening the perfecution against that unfortunate defcription of men:

New-England, July, 15th, 1783.

THE General Court here paffed an act laft feffion, refpecting perfons who formerly left the State, which occafioned a proteft by fome members of the Lower Houfe. It is faid to be the firft of the kind that is entered on their journals.

"Diffent.-1. Because we apprehend other provifion might have been made, confiftent with the conftitution, and at the fame time more effectual for the purpofe of preventing the return of perfons who have lett this State, and joined the enemies of the United States, than that provided in the paragraph aforefaid." Such conftitutional and more effectual provifion was moved and urged by the diffentients and others, as a fubftitute in place of the faid paragraph, and is as follows, viz. "Provided, nevertheless, that if any perfon committed as aforefaid, shali, before the warrant is made out by the governor to fend him out of the State, petition the governor, he fhall, with the advice of counfel, appoint three juftices of the county, quorum unus, where fuch perfon ftands committed, to iffue their precept for a jury to be drawn out of the fuperior court box, and fummoned to appear at a certain time and place, and to enquire on oath whether the perfon fo committed is within the act aforefaid; and if the jury thall return their verdict, that such person is not within faid act, then he fhall be discharged, and not be tranported; but fuch perfon thall not be liberated from his confinement until a verdict is fo given in his favour: and in every fuch cafe the juftices thall appoint fome meet perfon to act as counfel on behalf of government, at the expence of the Commonwealth. And the perfon petitioning for fuch tryal fhall pay all the coits thereof, in the fame manner as other perfons are obliged to do in bringing" forward a fuit at law."

2.

"Becaufe, by the faid paragraph, that effential right of freemen, a tryal by jury, is taken away, and every fubject of this commonwealth expofed to be deprived of his liberty, property, and rights of citizenihip, and to the inta

mous punishment of banishment, by the fole Congrefs, to obtain a perpetual revenue, or the judgement of two justices of the peace.

3. "Because it is a flagrant and direct viɔlation of the principles and spirit of the conftitution, and the letter of the declaration of rights, Art. 12, which provides, that No fubject thall be arrested, imprisoned, defpoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or eftate, but by the judgement of his peers, or the law of the land.

And the legislature shall not make any law that fhall fubject any perfon to a capital or intamous punishment, excepting for the government of the army and navy, without tryal by jury.'

4. "Because it furnithes a precedent of a tendency most dangerous and fatal to the fecurity of the lives, liberty, and property of the fubjects of this commonwealth.

"Caleb Davis, Bailey Bartlett, Theodore Sedgwick, William Bodian, Samuel Loring, Nathaniel Wyman, Timothy Childs, Ja. Swan, John Burke, Solomon Lovell, John H. Bartlett, William Phillips, John Bacon, Peter Penniman, Nathaniel Appleton, Thomas Clarke, Thomas Dawes, Thompson J. Skinner, Ebenezer Warren, Nathan Dane, William King, James Perry, Jacob Ludwig, John Choate, James Bancroft."

How foon the different ftates became jealous of the proceedings and authority of Congrefs after their independence was acknowledged by Britain will appear by the following extracts from the inftructions of the inhabitants of Fairfax, in Virginia, to their delegates in Affembly, May 30, 1783:

"And firit, Gentlemen, we defire and exprefsly inftruct you, that you give not your affent to, and on the contrary, that you oppole, to the utmost of your power, the fmallett infraction of the late treaty of Peace, either with relpect to the payment of debts, or any other matter whatfoever, whereby the public faith, folemnly pledged by the American commiffioners duly authorifed, may be violated, and this country again involved in the calamities of war, or the danger of repritals.

"We defire and instruct you to endeavour to procure ample justice to the officers and foldiers of the American army; who, though constantly furrounded with uncommon diftrefs and difficulties, have fo bravely defended the rights and li berty of their country.

"We defire and inftruct you, ftrenuously to oppofe all encroachments of American Congrefs upon the fovereignty and jurifdiction of the feparate States, and every affumption of power, not exprefsly vested in them, by the articles of confederation. If experience thall prove that further powers are neceffary and fafe, they can be granted by additional articles to the confederation, acceded to by all the States; for if Congrefs, upon the plea of necellity, or upon any pretence whatever, can arrogate powers not wairanted by the Articles of Confederation, in one initance, they may in another, or in an hundred: every repetition will be strengthened and confirmed by precedents.

"And in particular, we defire and inftru&t you to oppofe any attempt which may be made by

appointment of revenue officers. Were thele powers fuperadded to those they already potfels, the Articles of Confederation, and the conftitutions of government in the different States, would prove mere parchment bulwarks to American liberty.

"We like not the language of the late address from Congress to the different States, and of the report of their committee on the fubject of revenue, published in the fame pamphlet. If they are carefully and impartially examined, they will be found to exhibit itrong proofs of luft of power. They contain the fame kind of arguments which were formerly used in the business of ship-money, and to justify the arbitrary measures of the race of Stuarts in England.

"And finally we recommend it to you (for in this we will not prefume to give pofitive inftructions) to endeavour to obtain an initruction, from the General Affembly, to the Virginia Delegates in Congrefs, againit fending ambafiadors to the courts of Europe; it being an expence, which (in our prefent circumftances) thefe United States are unable to fupport. We are of opinion, that confuls to fuperintend our trade (at leis than a tenth part of the charge of ambaffadours) will be fufficient to anfwer every good purpofe. And nature having feparated us by an immenfe ocean from the European nations, the lefs we have to do with their quarrels or politics the better.”

When the independence of America was confirmed by the peace, fuch was the scarcity of money, and fuch the low itate of public credit, from the total annihilation of paper currency, that the army plainly perceived it to be the intention of Congrefs to difband them, without any part of the large arrears due to them, but even without certificates to fpecify their claims. The apprehenfion of fuch an event occafioned the circulation of fome anonymous pieces, which being written with fpirit and elegance, required all the perfonal influence of the commander in chief to counteract their effects. By his exertions the officers were lulled into fecurity; and the foldiery, whofe expectations had been raifed by former promifes, experienced the most mortifying difappointment. They afcribed the forbearance of the officers to timidity, and upbraided them for receding from thofe fpirited meatures that had been adopted to obtain justice. To fuch a height was this ferment carried, that the troops demanded their difcharge, alledging, that as the war was at an end they had completed the terms of their enlistment. This was the withedfor period, which Congrefs had induftrioutly accelerated. Availing themfelves of the difetions which pervaded the camp, they refolved that furloughs should be granted till the arrival of the Dennitive Treaty The event fully anfwered their withes, and in this extraordinary manner, the diflolution of the grand army was effected. This treatment of men, who had purchafed the independence of their country with their blood, appears cruel, and netcility is the only plea on which the conduct of Congres can be justitied. The event has fully evinced the policy of their meatures. The country has beea effectually delivered from the turfors of a

mutinous

1

[ocr errors][merged small]

mutinous army, and the fatal confequences
that threatened to enfue, had a Cromwell in
ambition, though not in art and abilities, ap-
peared to put himself at their head.

The infult offered to Congrefs, on the 21st
of June, was the tumultuous effort of a fmall
body of troops, quartered in the vicinity of Phi-
ladelphia, and by no means the deliberate act
of the whole army, it therefore caufed more
alarm than danger. The papers that more par-
ticularly relate to the above tranfactions are Ge-
neral Washington's fpeech, a proclamation by
the prefident of Congrefs, which will be found
in our Magazine for Auguft, p. 178, and the
following:

By the UNITED STATES in CONGRESS
affembled, May 26th, 1783.

On motion,

Refolved, That the Commander in Chief be
inftructed to grant furloughs to the non-com-
millioned officers and foldiers in the fervice of
the United States inlifted to ferve during the
war, who shall be difcharged as foon as the De-
finitive Treaty of Peace is concluded, together
with a proportionable number of commillioned
officers of the different grades: and that the Se-
cretary at War and Commander in Chief take
the proper meafures for conducting those troops
to their respective homes, in fuch manner as may
be moft convenient to themfelves, and to the
ftates through which they may pafs; and that
the men thus furloughed be allowed to take their
arms with them.

CHARLES THOMSON, Secretary.
Upon the promulgation of this refolution, the
fubfequent addrefs was prefented to the Com-
mander in Chief:
SIR,

your companions through the various viciffitudes of the war. Nothing, therefore, but neceffity, could induce us to a reprefentation which we know muft give you concern.

Your Excellency has fo intimate a knowledge of the condition of the army, as to render a particular delineation unneceffary. As you have been a witnefs of our fufferings during a war un common in its nature, and unparalleled in many circumftances attending it, fo you are now, Sir, no lefs a witnefs of the unequal burthen which has fallen upon us, from the want of that provifion, to which, from our affiduous and unremitting fervices, we conceive we are intitled.Having recently exprefled our fenfe of what was due to our diftrefs-having repeated from your Excellency the confidence we had, that our accounts would be liquidated, the balances afcertained, and adequate funds provided for payment, previous to our being difperfed or difbanded-having feen, with plealure, the approbation which Congrefs gave our reliance--it is with a mixture of aftonishment and chagrin that we view the late refolve of Congrefs, by which the foldiers for the war, and a proportionate number of officers, are to be furloughed without any one of those important objects being accomplished; and, to complete the fcene of woe, are to be compelled to leave the army without the means of defraying the debts we have neceffarily incurred in the courfe of fervice, or even of gratifying those menials in the pittance which is their due; much lels to carry with us that fupport and comfort to our families, of which, from our long military fervices, they have been deprived. No lefs expofed, then, to the infults of the meanelt followers of the army, than to the arrefts of the Sheriff; deprived of the ability to aflift our families; and without an evidence that any thing is due to us for our fervices; and, confequently, without the leaft profpect of obtaining credit for even a temporary fibliftence, until we can get into bufinefs -to what quarter can we look? We take the liberty to fay, Sir, only to your Excellency. And, from the fincerity of our hearts, we do it, no lefs from a perfuafion of the efficiency of your 4 I further

IT is difficult for us to exprefs the regret we feel at being obliged again to folicit your Excellency's attention and patronage. Next to the anguifh which the profpect of our own wretchednefs excites in our breafts, is the pain which arites from a knowledge of your anxiety on account of those men who have been the harers of your fortunes, and have had the honour of being LOND. MAG. App. 1783. Having collected fuddenly under the direction of their fergeants, they fecured the magazines and artillery, furrounded the State-houfe, and, in the name of the non-commiflioned officers and foldiers, demanded authority to appoint fuch officers as they could confide in, to command them and redress their grievances. Their requifition was inftantly complied with, and having received affurances of immediate red refs, they withdrew to the barracks, and appointed Captain Carbery and Captain Sullivan to reprefent them in a committee of officers. Mean time the governour having gained over the leading fergeant, gave orders to atlemble the city light-horfe and militia, directed the difcontented foldiers to be muttered without their arms, rebuked then for the infult offered to

Congress, and peremptorily ordered them to quit the city. The two officers, it is fuppofed, would have fallen a facrifice to the treachery of the fergeant, but they fortunately escaped.

The following copy of the appointment of Captain Sullivan is taken from the original : "SIR, Philadelphia Barracks, 23d June, 1783. "YOU are hereby appointed by the non-commiffioned officers and foldiers in the city, from authority which they have from the Prefident and Council of the ftate, and Major General St. Clair, as member to ieprefent them in a committee of fix commiffioned officers.

"You are to remember that every effort in your power mult be exerted to bring about the most fpeedy and aimple justice, and even to ufe compulfive measures, thould they be found neceffary; which we declare, in the prefence of Almighty God, we will fupport you in to the very utmost of

our power.

Should you fhew a difpofition not to do all in your's, death is inevitably your fate.
Signed by order of the board of fergeants.

46

Captain John Sullivan, Meylans Dragoons.

"JAMES BENNET Serjeant Major and Secretary."

further efforts in our favour, than from the kind adurances you have been pleafed to give us of your fupport.

To your Excellency then we make our appeal, and in the mott falemn manner: from that abhorrence of oppreflion and injuftice which firit untheathed our fwords; from the remembrance of the common dangers through which we have pafled; and from the recollection of thofe attomithing events which have been effected by our united efforts, permit us to folicit your further aid; and to entreat, thit the order of the 2d inftant, founded on the act of Congrefs of the 26th of May luft, may be fufpended or varied in its operation, fo far as that no officer or foldier be obliged to receive a furlough, until that honotrible body can be apprifed of the wretched fituation lato which the army must be plunged, by a conformity to it; that your Excellency will endeavour to prevail on Congrefs-nay, that, on the principles of common juftice, you will inftat that neither officer nor foldier be compelled to leave the field, until a liquidation of accompts can be effected, till the balances are afcertained, Certificates for the fums due given, including the commutition of halt-pay to the officers, and the gratuity of eighty dollars to the foldiers, and till a fupply of money can be furnished fufficient to Catry us from the field of glory with honour to confelves and credit to our country. We still with to believe, that that country, to which we have been fo long devoted, will never look with indifference on the diftrefles of thofe of her fons, who have fo cifentially contributed to the eitabJinment of freedom, the fecurity of property, and the rearing of an empire.

In the name and behalf of the generals and officers commanding regiments and corps in the cantonment on Hadion's river,

I have the honour to be, With the highest refpect, Your Excellency's mott obedient fervant, June 5, 1783. W. HEATH, Major-General, President. To the foregoing addrels GENERAL WASHINGTON was pleafed to return the following anfwer, viz.

SIR,

Head Quarters, 6th June, 1783.

BEFORE I make a reply to the fubject of the addrets of the generals and officers commanding the regiments and corps of this army, prefented by yourself yesterday, I entreat that thofe gentlemen will accept my warmest acknowledgement for the confidence they have been pleased to repofe in me: they may be aflured it thall never be abused; and I beg they will be perfuaded, that as no man can poffibly be better acquainted than I am with the pit merits and fervices of the army, fo no one can polibly be more strongly impreffed with their prefent ineligible fituation, fcel a keener fenfibility at their diftreffes, or more ardently defire to alleviate or remove them-but 1

oud be unneceflary, perhaps, to enter into a detail of what I have done, and what I am til attempting to do, in order to atlift in the accomplishment of this interesting purpose-let it be ufficient to oblerve, I do not yet defpair of fucceis; for I am perfectly convinced that the States cannot, without involving themfelves in national

bankruptcy and ruin, refufe to comply with the requifitions of Congrefs: who, it must be acknowledged, have done every thing in their power to obtain ample and complete juftice for the army, and whole great object in the prefent meature undoubtedly was, by a reduction of expence to enable the financier to make the three months payment to the army, which on all hands has been agreed to be abfolutely and indifpenfibly neceflary. To explain this matter, I beg leave to infert an extract of a letter from the Superintendant of Finance, dated the 29th ultimo.

It is now above a month since the Committee conferred with me on that fubject, and I then told them no payment could be made to the army, but by means of a paper anticipation; and unlets our expenditures were immediately and confiderably reduced, even that could not be done. Our expenditures have neverthelets been continued, and our revenues leffen; the States growing daily more and more remas in their collections. The confequence is, that I cannot make payment in the manner first intended. The notes iffued for this purpote would have been payable at two, four, and fix months from the date, but at prefent they will be at fix months, and even that will foon become impracticable, unlets our expences be immediately

curtailed.

[blocks in formation]

Although the officers of the army very well know my official fituation, that I am only a fervant of the public, and that it is not for me to difpenfe with orders, which it is my duty to carry into execution-yet as furloughs in all fervices are contidered as a matter of indulgence and not of compuition, as Congrels, I am per fuaded, entertain the best difpofition towards the army, and as I apprehend, in a very short time, the two principal articles of complaint will be removed until the further pleasure of Congress can be known, I fhall not hesitate to comply with the wishes of the army, under thele refervations only, that officers fufficient to conduct the men who chufe to receive furloughs, will attend them either on furlough or by detachment. The propriety and neceflity of this meature must be obvious to all, it need not therefore be inforced; and with regard to the non-commiffioned officers and privates, fuch as from a peculiarity of cir cumitances with not to receive furloughs at this time, will give in their names by twelve o'clock to-morrow to the commanding officers of their regiments, that on a report to the Adjutant-Ge nerad an equal number of men engaged for th.ce ye us may be furloughed, which will make the

« ElőzőTovább »