Part 34
The board of war had a conference with Mr. Boudinot, the commissary general of prisoners, at York-town on the 21st of December, and after having carefully examined the evidences produced by him, agreed upon reporting, beside other matters—“That there are about 900 privates, and 300 officers in the city of New-York, and about 500 privates and 50 officers in Philadelphia:—That the privates in New-York have been crowded all summer in sugar-houses, and the officers boarded on Long-Island, except about 30, who have been confined in the provost guard and in the most loathsome jails:—That since the beginning of October all these prisoners, both officers and privates, have been confined in prison-ships, or the provost:—That the privates in Philadelphia have been kept in two public jails, and the officers in the state-house:—That, from the best evidence which the nature of the subject will admit of, the general allowance of prisoners at most does not exceed four ounces of meat, and as much bread (often so damaged as not to be eatable) per day, and often much less, though the professed allowance is from eight to ten ounces:—That it has been a common practice with the enemy, on a prisoner’s being first captured, to keep him three, four, or even five days without a morsel of provisions of any kind, and then to tempt him to inlist to save his life:—That there are numerous instances of prisoners of war perishing in all the agonies of hunger from their severe treatment:—That being generally stript of what clothes they have when taken, they have suffered greatly for the want thereof during their confinement.” This ill-treatment of the American prisoners, though it shortens the lives of numbers, tends only to lengthen the war, by irritating the people at large, among whom it is quickly reported.
Let us now quit the military for the civil department, though with respect to dates we must be retrograde.
On Wednesday, October the 29th, Mr. President Hancock closed the business of the morning by taking leave of congress in the following speech—“Gentlemen, Friday last completed two years and five months since you did me the honor of electing me to fill this chair. As I could never flatter myself your choice proceeded from any idea of my abilities, but rather from a partial opinion of my attachment to the liberties of America, I felt myself under the strongest obligations to discharge the duties of the office, and I accepted the appointment with the firmest resolution to go through the business annexed to it in the best manner I was able. Every argument conspired to make me exert myself, and I endeavored by industry and attention to make up for every other deficiency. As to my conduct both in and out of congress in the execution of your business, it is improper for me to say any thing. You are the best judges. But I think I shall be forgiven, if I say I have spared no pains, expence, or labour, to gratify your wishes, and to accomplish the views of congress.—My health being much impaired, I find some relaxation absolutely necessary, after such constant application; I must therefore request your indulgence for leave of absence for two months. But I cannot take my departure, gentlemen, without expressing my thanks for the civility and politeness I have experienced from you. It is impossible to mention this without a heart felt pleasure.——If in the course of so long a period as I have had the honor to fill this chair, any expressions may have dropped from me that may have given the least offence to any member, as it was not intentional, so I hope his candor will pass it over. May every happiness, gentlemen, attend you, both as members of this house and as individuals; and I pray Heaven, that unanimity and perseverance may go hand in hand in this house; and that every thing which may tend to distract or divide your councils, may be for ever banished.”
The congress in the afternoon, ordered, “That the secretary wait on the president, and request him to furnish the house with a copy of the speech with which he took leave of congress.” When the secretary laid it before them, the Friday following, one of the New-York delegates introduced an answer he had prepared, which breathed too much the soothing air of servility, and possessed too small a portion of republican independency, and was therefore rejected. But it was moved, “That the thanks of congress be presented to John Hancock, esq. for the unremitted attention and steady impartiality which he has manifested in discharge of the various duties of his office as president, since his election to the chair, on the 24th day of May, 1775.” Previous to the determination of this motion, it was moved “to resolve, as the opinion of congress, that it is improper to thank any president for the discharge of the duties of that office.” The South-Carolina delegates being divided, and the New-Jersey delegate not voting, the states were equally divided, four and four. The question being put on the first motion, and these delegates voting in the affirmative, it was accordingly carried, six against four.
When Mr. Hancock was first elected, in consequence of Mr. Peyton Randolph’s being under a necessity of returning to Virginia, it was expected that as soon as the latter repaired again to congress, the former would resign. Of this he was reminded by one of his Massachusetts brethren, when Mr. Randolph got back; but the charms of presidency made him deaf to the private advice of his colleague, and no one could with propriety move for his removal that the other might be restored. In the early stage of his presidency, he acted upon republican principles; but afterward he inclined to the aristocracy of the New-York delegates, connected himself with them, and became their favorite. He at length fell in so fully with their plans, that a Rhode-Island delegate lectured him upon it, and told him that he had forgotten the errand on which he was sent to congress, and advised him to return to his constituents. This versatility in political sentiments, though it chagrined, did not surprise his Massachusetts brethren; for they remembered, that at a certain period he was upon the point of joining the tory club at Boston (as it was called) whereby he alarmed the liberty party most amazingly, and obliged them to exert all their influence to prevent so dangerous and mortifying an event.
In the chair he so acquitted himself, that a member of congress wrote in May, when it was thought he would return to the Massachusetts—“This letter will go by president Hancock, for whose absence from congress I am much concerned, though his great fatigue and long attendance entitle him to some relaxation. How we shall do without him I know not, for we have never yet put in a chairman on a committee of the whole house, that could in any measure fill his place. He has not only dignity and impartiality, which are the great requisites of a president of such a body, but has an alertness, attention and readiness to conceive of any motion and its tendency, and of every alteration proposed in the course of debate, which greatly tends to facilitate and expedite business.” The chair is known to be his fort. As chairman of a committee, or any other body, he presides with much advantage to himself; but it has been and is observed, that the number at the head of whom he is, whether many or few, makes a wide difference in him; when great, he appears to be in his own element, and is all animation; if small it is otherwise. This is common to public characters, especially where there is a fondness for popularity.
[Nov. 1.] “Congress proceeded to the election of a president; and the ballots being taken the honorable Henry Laurens was elected.” He is a South-Carolina delegate, a gentleman of a large estate, and of an approved character. He was in England when the troubles were coming forward, and upon learning the intentions of ministry, returned with a fixed determination to risk all in the cause of his country and liberty. Gen. Washington has pointed out to him gen. Greene, as the most suitable person in his judgment, to succeed in the chief command of the American army, in case he himself should be taken off by death or in any other way.
[Nov. 3.] Colonel Wilkinson, who brought the dispatches from gen. Gates, attended and delivered a message from him to congress, in the following words, “I have it in charge from major gen. Gates, to represent to the honorable congress, that lieut. gen. Burgoyne, at the time he capitulated, was strongly entrenched on a formidable post with twelve days provision: that the reduction of fort Montgomery and the enemy’s consequent progress up the Hudson’s-River endangered our arsenal at Albany, a reflection which left gen. Gates no time to contest the capitulation with lieut. gen. Burgoyne, but induced the necessity of immediately closing with his proposals, hazarding a disadvantageous attack, or retiring from his position for the security of our magazine; this delicate situation abridged our conquests, and procured lieut. gen. Burgoyne the terms he enjoys. Had our attack been carried against lieut. gen. Burgoyne the dismemberment of our army must necessarily have been such as would have incapacitated it from further action. With an army in health, vigor and spitits, major gen. Gates now waits the commands of the honorable congress.” Beside thanking Gates, Lincoln, Arnold, and the rest of the officers and troops under his command the congress resolved the next day, that a medal of gold should be struck in commemoration of the convention, and in the name of the United States presented by the president to major gen. Gates.
[Nov. 7.] Congress resolved, That major gen. Mifflin’s resignation of the office of quarter-master-general be accepted, but that his rank and commission of major general be continued to him, without the pay annexed to that office, until further order of congress.” In October they resolved, “That a board of war be established, to consist of three persons not members of congress.” They now took up that business and proceeded to the election of the board, when major gen. Mifflin, col. Timothy Pickering and col. Bobert H. Harrison were elected. A fortnight after, in consequence of a conference between some of the members and Mifflin, they resolved, “That two additional commissioners be appointed to execute the department of the war office;” and Harrison declining to serve, they on the 27th proceeded to the election of three commissioners, when major gen. Gates, Joseph Trumbull, and Richard Peters, esq’rs. were elected; it was then resolved, “That major gen. Gates be appointed president of the board of war.” Gates was to retain his rank as major general in the army, and to officiate at the board or in the field as occasion might require.
The great business of the CONFEDERATION calls for our next attention. It was on the 11th of June, 1776, that is was resolved to appoint a committee to prepare and digest the form of one. By the 12th of July they brought in a draught, which was read and ordered to be printed for the consideration of congress alone; and no member was to furnish any person with his copy, or take any steps by which the said confedration might be re-printed. After having been before congress nine and thirty times, on different days; a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was agreed to on the 15th of last November, and is as follows:
ARTICLES OF CONFEDERATION AND PERPETUAL UNION between the states of New-Hampshire, Massachusetts-bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolinia and Georgia.
Article 1. The stile of this confederacy shall be “_The United States of America_.”
Article 2. Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation _expressly_ delegated to the United State in congress assembled.
Article 3. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties and their mutual and general welfare: binding themselves to assist each other against all force offered to, or attacks made upon them or any of them on account of religion, sovereignty, trade, or any other pretence whatever.
Article 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states (paupers, vagabonds and fugitives from justice excepted) shall be entitled to all privileges and immunities of free citizens in the several states, and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhabitant; provided also that no imposition, duties or restriction, shall be laid by any state on the property of the United States or either of them.
If any person guilty of or charged with treason, felony or other high misdemeanor in any state, shall flee from justice and be found in any of the United States, he shall upon demand of the governor or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
Article 5. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in congress on the first Monday in November, in every year, with a power reserved to each state to recal its delegates or any of them, at any time within the year, and to send others in their stead, for the remainder of the year.
No state shall be represented in congress by less than two nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any, person being a delegate, be capable of holding any office under the United States, for which he or any other for his benefit, receives any salary, fees or emolument of any kind.
Each state shall maintain its own delegates in any meeting of the states, and while they act as members of the committee of the states.
In determining questions in the United States in congress assembled, each state shall have one vote.
Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress; and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from and attendance on congress, except for treason, felony or breach of the peace.
Article 6. No state, without the consent of the United States in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by the United States in congress assembled with any king, prince or state, in pursuance of any treaties already proposed by congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the United States in congress assembled for the defence of such state or its trade: nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judgment of the United States in congress assembled, shall be deemed, requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated, and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
No state shall engage in any war without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in congress assembled can be consulted; nor shall any state grant commissions to any ships or vessel of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in congress assembled, and then only against the kingdom or state and the subjects thereof against which war has been so declared, and under such regulations as shall be established by the United States in congress assembled, unless such state be invested by pirates, in which case vessels of war may be fitted out for that occasion and kept so long as the danger shall continue, or until the United States in congress assembled shall determine otherwise.
Article 7. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment.
Article 8. All charges of war and all other expences that shall be incurred for the common defence or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the United States in congress assembled.
Article 9. The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassadors—entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever—of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States, shall be divided or appropriated—of granting letters of marque and reprisal in time of peace—appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed judge of any of the said courts.
The United States in congress assembled shall also be the last resort on appeal in all disputes and defferences now subsisting or that hereafter may arise between two or more states concerning boundary jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as congress shall direct, shall in the presence of congress be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentance of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted so congress, and lodged among the acts of congress for the security of the parties concerned: provided, that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward;” provided also, that no state shall be deprived of territory for the benefit of the United States.