Part 53

The attack upon Verplank, entrusted with gen. Howe, miscarried partly through delays occasioned by high winds, which prevented the timely transportation of artillery; but chiefly through the troops neglecting to take axes with them. The enemy, upon their approach, broke down all the bridges, and thereby cut off the communication by land. Before Howe could receive the means for constructing temporary bridges, Sir H. Clinton marched up troops enough to save the place. Gen. Washington not being in sufficient force to hold possession of Stony-point, resolved upon the removal of the cannon and stores, and upon the destruction of the works, which were accomplished with all dispatch. About a week before, a certain officer, whose station gave him the opportunity of catching deserters from the American camp, was so enraged at their being very numerous, that he informed the general he would cut off the head of the next that fell into his hands; the general wrote immediately, and prohibited such execution; but it had taken place before the letter was received, and the head was forwarded to general Washington. He was shocked at receiving it, and also greatly alarmed from an apprehension of its exciting a general disgust and uneasiness among the people at large, should it be known. Express orders were given to the officer to conduct himself properly for the future. His rashness was afterward atoned for in measure, by his contributing much to the success of the enterprise against Stony-point.

[July 26.] Congress unanimously resolved upon thanks to gen. Washington, for the vigilance, wisdom and magnanimity with which he had conducted the military operations of the states, and manifested particularly in his orders for the above enterprise. They also thanked gen. Wayne for his brave, prudent and soldierly conduct, in his spirited and well conducted attack. They highly commended the coolness, discipline and firm intrepidity of the officers and soldiers. They took proper notice of lieut. col. Fleury and major Stewart; and warmly applauded lieut. Gibbons and lieut. Knox, who led on the forlorn hope and preceded the vans of the two columns, and gave to each a brevet of captain. They further resolved, that a medal, emblematical of the action be struck, and that one of gold be presented to gen. Wayne, and a silver one to both Fleury and Stewart; and that the value of the military stores taken, be ascertained and divided among the troops by whom Stony-point was reduced.

Being brought to mention congress, let me detail some of their further proceedings.

The first commissary-general, col. Joseph Trumbull, is no more; his decease has been thought to have been brought on by the proceedings of congress relative to him—they however resolved [March 30.] that with great care, industry, labor and attention, he instituted a plan by which the army, during his continuance in office, was amply supplied, with much œconomy and to general satisfaction; and that certain allowances should be made for the benefit of his legal representatives. They resolved [April 20.] “That suspicions and animosities have arisen among the late and present commissioners, namely, Dr. Franklin, Mr. Silas Deane, Mr. Arthur Lee, Mr. Ralph Izard, and Mr. William Lee, highly prejudicial to the honor and interest of the United States. It was resolved [April 27.] that the president inform the commander in chief, that if he wants specie for secret services, he may draw to the amount of 2000 guineas upon the treasurer, who will pay the same. Bills prepared by the committee of the treasury on doctor Franklin, in favor of the committee of commerce, for the sum of 360,000 livers tournois, for the purpose of importing military stores, were ordered to be signed by the president; and it was resolved, [June 10.] “That the faith of the United States be pledged to make good any contract or engagement which shall be entered into by their minister plenipotentiary at the court of France, for procuring money or credit to enable him to honor the said bills, and provide for their punctual discharge.” The next day it was agreed to borrow twenty millions of continental dollars, at an interest of six per cent. per annum. Three days after, it was resolved upon the report of a committee, “That congress are satisfied with the conduct of doctor John Morgan, while acting as director general and physician in chief, in the general hospitals of the United States; and that this resolution be published.” [June 14.] Congress in a letter of congratulation to his most Christian majesty on the birth of a princess, say among other things——“Permit us to request the favor of your majesty to oblige us with portraits of yourself and royal consort, that by being placed in our council chamber the representatives of these states may daily have before their eyes the first royal friends and patrons of their cause.” They in another letter request his majesty to furnish them with the necessary supplies of arms, ammunition and clothing, the estimate of which their minister was to lay before him, and they pledged the faith of the states for the repayment with interest, of whatever sums may be advanced for the purpose, as soon as the restoration of peace shall enable them.

[July 12.] The minister of France had a conference with congress in a committee of the whole. He introduced the conference by saying, that he had received some dispatches from his court, which he was ordered to communicate to congress, but that he expected no answer;—that though it was not the usual practice to offer communications of this nature in writing, yet as it had been intimated to him by the president, that this mode would be most agreeable to congress, he had committed the heads of them to paper, not as a memorial, but merely for the assistance of the memory, in a form to which the term of _ad statum legendi_ is appropriated by the usage of the courts of Europe;—that in reading the said paper, he would take the liberty of making some explanations and reflections.

_Ad statum legendi_ delivered by the minister plenipotentiary.

1. The king has approved all the overtures that were made by his minister plenipotentiary to the honorable congress, respecting the affairs of Mr. de Beaumarchais; therefore a line ought to be drawn between the stores which this gentleman has been permitted to take out of the royal magazines, for which he has constituted himself debtor to the department of war, and between those articles which the same gentleman has brought in the way of common trade for the use of the United States.

2. A hint having been given to the minister plenipotentiary, that congress desire to recruit their ships in France, from the English prisoners there, the court in consequence of this representation, is willing to facilitate this mode of recruiting seamen.

3. The king and ministry were extremely pleased with the resolution congress has taken to maintain only one minister plenipotentiary at their court, as well as with the exclusive appointment of so steady and honest a man, and so firm and solid a patriot as doctor Franklin.

4. The congress has given a very great satisfaction to the court of France, by the convenient and spirited step which was taken to disavow a certain ill grounded and pernicious doctrine relating to the mutual obligation of the allies to conclude no truce or peace without the knowledge and consent of each other. The court of France is of opinion, that this doctrine could only be maintained by those men whose aim would be to seek by any means, to weaken the ties of the alliance, and to create disgust and diffidence between the allies.

5. This court has received with some surprise, the intelligence that congress has published the treaties concluded with her, without the previous knowledge and consent of the interested party. It is not to be denied, that such proceedings is but little consistent with reason, and with the general practice of courts and nations; nevertheless, this observation involves not any kind of reproach, but the king thinks that so noble and so generous a system of politics could not but produce desirable effects by its publication.

6. The intelligence that in the first months of last winter, there were no adequate preparations made in America toward a vigorous and successful campaign, was received at Versailles with all the concern which the dangers of the United States and the prolongation of the present contest can create in the most friendly mind. The court of France is fully of opinion, that the exertions of the United States are necessary to bring the common enemy to a proper sense of all the disappointments which he shall meet with.

7. This court being very desirous to acquaint congress exactly with the state of affairs relating to the common cause, would not delay to inform this honorable body, that the court of London, showing on one side dispositions to a reconciliation with France, rejects on the other side, the very idea of a formal and explicit acknowledgment of the independence of the United States, which his most Christian majesty perseveres to hold up as a preliminary and essential condition. The behaviour of the common enemy in this respect, rendered a great deal more probable the conjecture which was communicated to congress some time ago, that the point of honor and pride of the king of England, will be the greatest obstacle to the conclusion of the peace upon those explicit terms: and perhaps the manner of overcoming this difficulty, will of course become the most decisive object of the deliberation of congress, when this honorable body shall determine to make peace. It is presupposed whatever _mezo termine_ may be hit upon, that England shall treat with the United State as with a free people, and evacuate immediately all the territories belonging to them.

The substance of what the minister said at the conference, in explanation of the foregoing articles.

1. From the bills and accounts with which congress have been furnished by Mr. de Beaumarchais, congress would be enabled to distinguish those articles which were drawn from the royal magazines, and those which he supplied in a way of trade; for those last congress would without doubt make remittances to Mr. de Beaumarchais in their own way, to enable him to perform the contracts he had entered into as a merchant. That for the former articles, the king his master taking upon himself to be creditor to the United States, would wait until the congress should find it convenient to make compensation.

2. Though his court had not resolved to retaliate upon the prisoners in their hands for injuries done to prisoners by the common enemy; yet for the reasons assigned, the king his master had assented to the proposal; but in carrying this matter into execution, it would be proper to take such precautions, and to give such orders to the captains, or other persons employed in the business, that it might be managed with prudence.

3. There is every reason to believe that congress will receive very soon proofs of the confidence which his court was always willing to show to the servants of these states. The personal character of Dr. Franklin will enable the court to act with a frankness becoming the alliance; they will have no occasion to withhold any more the secrets which may interest the United States and the alliance.

4. The king his master, after this explicit step, relies with the highest confidence upon the candor and faithfulness of congress in understanding as well as in executing the treaty, and in rejecting every arbitrary and unnatural interpretation or construction, which fales, subtle or designing men can contrive. Congress by their own feeling must be sensible, that such interpretations and constructions are always hurtful, against common decency and dignity, and may oftentimes endanger mutual confidence, and of course the very existence of a treaty; but the sense of congress, as manifested in this particular affair, gives his court the greatest hope, that there shall be no further motive to the painful reflections which that affair excited.

5. He begged leave to add, that this publication interfered with the situation of affairs in Europe, and was in a certain degree disadvantageous to the common cause; because it gave the common enemy a full knowledge of our system and our mutual engagements without procuring us any reason to guess at their views and resolutions. Happily these inconveniencies have not been felt, and ample compensation has been obtained by convincing the people of America, not only that the treaty was just and equal, but that the heavy task which France has taken upon her was magnanimous, gratuitous, and without reward; the whole world was at the same time convinced, that war, conquest and ambition, were not the objects of the alliance, nor of any of the allies, but only the peaceable enjoyment of the sovereignty, liberty, security and independence of these United States; and this conviction gave much honor, credit and consideration to the alliance.

6. On this he observed, that he had endeavored since the last fall, by order of his court, to impress on every mind, that England will never evacuate New-York willingly and could only be brought by proper exertions on the part of America, to think seriously of granting her independence. He believed that congress had adopted a system conformable to their engagements and the situation of affairs; his court was better informed than he was; but without reflecting on past events, the king hopes his amicable apprehensions will be overcome by the success of the campaign, that henceforth the United States will follow the example set them by his majesty, and that they will exert themselves in their own cause, as his majesty exerts himself for their sake and in their cause which he has adopted.

7. He said, that he was authorised to tell congress in confidence, that this reflection is the result of the observations which the court of Spain made upon the conduct of England, throughout her negociations of mediation:—That the British ministry seem to be solicitous to be reconciled with France, and to keep up this negociation; that from thence probable hopes may be entertained of their internal disposition to peace; but at the same time they reject with haughtiness the formal acknowledgment of the independence inserted by France and Spain. New orders have been given to the Spanish ambassador at London, to ascertain as nearly as possible those dispositions. In these circumstances the king his master ordered him to communicate this intelligence to the United States, that they may if they think proper take under consideration, if it would not be expedient to give their plenipotentiary instructions and full powers, founded upon the necessity of the conjectures, and upon the treaty of alliance, the express and formal terms of which are, that peace shall not be made without an express or tacit acknowledgement of the sovereignty, and consequently a fortiori of the rights inherent in sovereignty, as well as of the independence of the United States in matters of government and commerce. This substantial alternative in an engagement, which is a mere gratuitous gift without any compensation or stipulation, ought indeed never to be forgot in a negociation for peace. France foresaw the extreme difficulties a formal and explicit acknowledgement might meet with. She knew by her own experience in similar contest, in which she has been deeply concerned respecting the republic of Holland, Genoa and the Swiss Cantons, how tenacious monarchs are, and how repugnant to pronounce the humiliating _formula_. It was only obtained for Holland tacitly after a war of thirty years, and explicitly after a resistance of seventy. To this day Genoa and the Swiss Cantons have obtained no renunciation, nor acknowledgment either tacit or formal from their former sovereigns; but they enjoy their sovereignty and independence only under the guarantee of France. His court thought it important to provide, that difficulties of this nature, which reside merely in words, should not delay or prevent America from enjoying the thing itself. From these considerations arose the very important and explicit stipulation in the treaty, which he just now related, and which hath received the sanction of the United States. The circumstances seem already such as call for the application of the alternative of tacit or explicit acknowledgment. All these considerations therefore are mentioned, that congress may, if they think proper, consider whether the literal execution of the treaty in this point is not become necessary, and whether the safety and happiness of the American people, as well as the essential principles of the alliance, are not intimately connected with the resolutions that may be taken on this subject: and it remains with the prudence of congress to examine, whether instructions on some particular conditions may not frustrate the salutary purpose of the treaty of alliance relative to a tacit acknowledgment, which the situation of affairs may require. “In thus executing the orders,” continued he, “I have received, I cannot omit observing, that these orders were given with the full presumption, that the business which I laid before congress in Feb. last, would have been settled long before these dispatches should come to my hands. However sensibly my court will be disappointed in her expectations, I shall add nothing to the information and observations, which with the warmest zeal for the interest and honor of both countries, and by the duties of my office and my instructions, I found myself bound to deliver from time to time to congress in the course of this business. The apprehension of giving new matter to those who endeavour to cast blame upon congress is a new motive for me to remain silent. I beg only to remind this honorable body of the aforesaid information and reflections, and particularly of those which I had the honor to deliver to an assembly similar to the present. I shall only insist on a single point which I established then and since in one of my memorials, namely the manifest and striking necessity of enabling Spain, by the determination of just and moderate terms to press upon England with her good offices, and to bring her mediation to an issue, in order that we may know whether we are to expect peace or war. This step is looked upon in Europe as immediately necessary. It was the proper object of the message I delivered in February last, I established then (in a private audience) the strong reasons which require, that at the same time, and without delay, proper terms should be offered to his Catholic majesty, in order to reconcile him perfectly to the American contest. I did not conceal, that it was to be feared that any condition inconsistent with the establishment of the alliance which is the binding and only law of the allies, and contrary to the line of conduct which Spain pursued in the course of her mediation, would lead her to drop the mediation, and prevent his Catholic majesty by motives of honor and faithfulness from joining in our common cause, and for completing the intended triumverate. No loss, no unhappy event could be so heavy upon the allies as this. Indeed although the British forces are already kept in check by the combined efforts of France and America, it is nevertheless evident that the accession of Spain only can give to the alliance a decided superiority adequate to our purposes, and free us from the fatal chance, that a single unlucky event may overturn the balance.”

The committee then taking notice of what the minister had said concerning _a tacit assurance of the independence of these states_, requested to know his sense concerning the manner in which such tacit assurance could be given; to which he, premising that what he should now say ought to be considered only as his private sentiments, replied—That the British court would probably endeavor to avoid an express acknowledgment by imitating precedents that had occurred in Europe on similar occasions, instancing in the case of the Swiss Cantons, and of the United Provinces of Holland; that the mode adopted in the latter case had been for the arch-dukes, to whom the king of Spain had transferred his right of sovereignty, to treat with them as free and independent states; and that with respect to the Cantons, France had not been able to obtain more for them in the treaty of Munster, than “a declaration that they should be in possession of full liberty and exemption from the empire, and be in no manner subject to the jurisdiction thereof;”—but that in his opinion, the circumstances of these states, and the manner in which they had conducted their opposition, would justify their expecting a more full declaration.

Mr. Gerard, by strongly urging congress, in February, to come to an ultimatum, that so no promising negociations might be delayed or obstructed, contributed toward putting the states into a profound sleep. They amused themselves with idle dreams of peace, and hardly made any exertions for the war. Till about the time of the above conference, the army scarcely received a single recruit, though a large part of it dissolved in the course of last winter and spring, by the expiration of the term of service for which the men were engaged. Gen. Washington has a prospect of 1000 or 1500 levies, at enormous bounties, for nine months, from Massachusetts and Connecticut, which is all the reinforcement he expects. Inferior in strength to the enemy, he will be able to do little more than take care of himself, and guard the communication of the North-River. The distressing situation of public affairs, led the late president of congress, Mr. Laurens, to write to his friend—“[July 14.] Let us look around and enquire into the state of the army, the navy, the treasury—the view is truly affecting; but what is most of all to be deplored is, the torpitude of national virtue. How many men are there who now in secret say, could I have believed it would have come to this, I would——. I am not of that number.”

Captain Cunningham, who took and carried the Dutch packet into Dunkirk, being captured on board a private armed cutter in the West-Indies, was brought to New-York, put under a rigorous and ignominious confinement, and ordered to be sent to Great-Britain. Congress was induced by it to order a letter to be written [July 17.] to the British naval commander at New-York, demanding the reasons for the treatment he had met with; and resolved, that if they had not a satisfactory answer by the 1st of August, one or more persons should be confined, to abide the fate of the said Cunningham. Two days after, congress having well considered the letters before them, giving an account of the devastations of the enemy, and the burning of Fairfield, Norwalk and Bedford, “Resolved—That the marine committee be, and are hereby directed to take the most effectual means to carry into execution the manifesto of October 30, 1778, by burning and destroying the towns belonging to the enemy in Great-Britain and the West-Indies.”

The operations of war demand our further notice.