captures made by Continental armed vessels only want a COURT established for trial, to make them complete. This I hope will soon be done, as I have taken the liberty to urge it often to the Congress. I am somewhat at a loss to know whether I am to raise the two battalions of marines here or not. As the delay can be attended with but little inconvenience, I will wait a further explanation from Congress, before I take any steps therein. I am much pleased that the money will be forwarded with all possible expedition, as it is much wanted.

*

I hope Colonel Knox will soon finish the business he is upon, and appear here to take the honorable command conferred on him by Congress.

'About a hundred and fifty more of the poor inhabitants are come out of Boston.

'I wrote to you this day by Messrs. Penet and Pliarne,† who will lay before the Congress, or a committee thereof, proposals for furnishing the Continent with arms and ammunition. I refer you to themselves for further particulars.'

Lond. ed. vol. i. p. 61.

Wash. Writ.

Sparks, vol. iii. p. 196.

Below are the Resolves which the General declared in the above letter, to 'want only a COURT established for trial, to make them complete.'

His letters to Congress, Nov. 11, Dec. 4, 14, and to R. H. Lee, Dec. 26, pp. 123, 136, 138, sufficiently indicate what CoURT the circumstances, in his opinion, then required for such trials.

The 4th, 5th and 6th of these Resolves, together with the succeeding one, passed Dec. 20, p. 141, show what Courts instead of it, Congress recommended for the purpose. The practical operation of these substitutes will appear.

'IN CONGRESS, November 25, 1775. Resolved, That all such ships of war, frigates, sloops, cutters, and armed vessels as are or shall be employed in the present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by the inhabitants thereof, be seized and forfeited to, and for the purposes hereinafter mentioned.

2d. Resolved, That all transport vessels in the same service, having on board any troops, arms, ammunition, clothing, provisions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions or other necessaries to the British army or armies, or

Relative to the raising of these two battalions of marines, the reader is referred to the General's letter to Congress, Nov. 19, p. 127, the Resolve immediately above it, of Nov. 10, and to the first two of the following.

IN CONGRESS, November 30. Resolved, That the General be directed to suspend the raising of the two battalions of marines out of his present army.

That the two battalions of marines be raised independent of the army already ordered for the service in Massachusetts Bay.

'That no BOUNTY be allowed to the army on reënlistment.'

+ Two merchants of Nantes, in France. Congress employed them.

navy, that now are or shall hereafter be within any of the United Colonies, or any goods, wares, or merchandise for the use of such fleet or army, shall be liable to seizure, and with their cargoes shall be confiscated.

'3d. That no master or commander of any vessel shall be entitled to cruise for, or make prize of any vessel or cargo before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed in some one of the United Colonies.

4th. That it be and is hereby recommended to the several Legislatures in the United Colonies, as soon as possible, to erect Courts of Justice, or give jurisdiction to the Courts now in being for the purpose of determining concerning the captures to be made as aforesaid, and to provide that all trials in such case be had by a jury under such qualifications, as to the respective Legislatures shall seem expedient.

5th. That all prosecutions shall be commenced in the Court of that Colony in which the capture shall be made, but if no such Court be at that time erected in the said Colony, or if the capture be made on open sea, then the prosecution shall be in the Court of such Colony as the captor may find most convenient, provided that nothing contained in this Resolution shall be construed so as to enable the captor to remove his prize from any Colony competent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbor of the same.

6th. That in all cases an appeal shall be allowed to the Congress, or such person or persons as they shall appoint for the trial of appeals, provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the Secretary of Congress within forty days afterwards, * and give secu. rity to prosecute the said appeal to effect.

7th. That when any vessel or vessels shall be fitted out at the expense of any private person or persons, then the captures made shall be to the use of the owner or owners of the said vessel or vessels; that where the vessels employed in the capture shall be fitted out at the expense of any of the United Colonies, then one third of the prize taken shall be to the use of the captors, and the remaining two thirds to the use of the said Colony, and where the vessels so employed shall be fitted at the Continental charge, then one third shall go to the captors, and the remaining two thirds to the use of the United Colonies; provided, nevertheless, that if the capture be a vessel of war, then the captors shall be entitled to one half of the value, and the remainder shall go to the Colony or Continent as the case may be, the necessary charges of condemnation of all prizes, being deducted before distribution made.

8th. That the captures heretofore made by vessels fitted out at the Continental charge were justifiable, and that the distribution

of the captor's share of the prizes by General Washington, be confirmed.'

So far, the action of Congress on this subject, was probably induced by the General's letters, Oct. 5, and Nov. 11. Having, on the 13th, received his letter of the 4th, they proceeded, a week after, as follows:

'December 20.- The Congress resumed the consideration of the General's letters, and thereupon came to the following Resolution :

Resolved, That the several vessels heretofore taken and carried into Massachusetts Bay, by the armed vessels in the service of the United Colonies be proceeded against by the rules of the law of nations, and libeled in the Courts of Admiralty erected in said Colony!

GENERAL WASHINGTON to GOVERNOR TRUMBULL.

'CAMBRIDGE, 15 December, 1775. 'SIR, Your favors of the 7th and 9th instant I have received, and was much pleased to hear of the zeal of the people of Connecticut, and the readiness of the inhabitants of the several towns to march to this Camp, upon their being acquainted with the behavior and desertion of their troops. I have nothing to suggest for the consideration of the Assembly. I am confident they will not be wanting in their exertions for supporting the just and constitutional rights of the Colonies.

'Enclosed I send you a list of the officers and companies under the new establishment, with the number of the men enlisted; the returns only came in to-day, or I would have transmitted it before.' Sparks, vol. iii. p. 198.

Wash. Writ.

SAME to JOSEPH REED.

'CAMBRIDGE, 15 December, 1775.

DEAR SIR, Since my last, I have had the pleasure of receiving your favors of the 28th ultimo, and the 2d instant. I must again express my gratitude for the attention shown to Mrs. Washington at Philadelphia.

I am much obliged to you for the hints contained in both of the above letters, respecting the jealousies which you say are gone abroad. I have studiously avoided in all letters calculated for the public eye, I mean for that of the Congress, every expression that could give pain or uneasiness; and I shall observe the same rule with respect to private letters, any further than appears absolutely necessary for the elucidation of facts.

The extracts of letters from this Camp which so frequently appear in the Pennsylvania papers, are not only written without my knowledge but without my approbation, as I have always thought

they must have an unfavorable tendency; but there is no restraining men's tongues, or pens, when charged with a little vanity, as in the accounts given of, or rather by, the riflemen.

The Congress have resolved well in respect to the pay of the men; but if they cannot get the money signers to dispatch their business, it is of very little avail; for we have not at this time money enough in Camp to answer the Commissary's and Quartermaster's accounts, much less to pay the troops.

'The account which you have given of the sentiments of the people respecting my conduct is extremely flattering. I pray God, that I may continue to deserve them, in my perplexed and intricate

situation.

'Our enlistment goes on slowly. By the returns last Monday, only five thousand nine hundred and seventeen men are engaged for the ensuing campaign; and yet we are told, that we shall get the number wanted, as they are playing off to see what advantages are to be made, and whether a bounty may not be extorted either from the public at large, or individuals, in case of a draft. I doubt the measure exceedingly. The fortunate capture of the store-ship has supplied us with flints, and many other articles we stood in need of; but we have our wants. I am, &c.'

Ibid, p. 199.

GENERAL GREENE to GOVERNOR WARD, in Congress. 'PROSPECT HILL, December 18, 1775. 'Your observation is exceedingly just. This is no time for disgusting the soldiery, when their aid is so essential to the preservation of the rights of human nature, and the liberties of America. His Excellency is a great and good man; I feel the highest respect for him. I wish him immortal honor. I think myself happy in an opportunity to serve under so good a General. My happiness will be still greater, if fortune gives me an opportunity in some signal instance, to contribute to his glory and my country's good. The General has often expressed to me his uneasiness about the expenses; they so far exceed the expectations of Congress. He is afraid they will sink under the weight of such charges.

*

'Economy is undoubtedly essential in this dispute; there should be no wanton waste of public property; but, if you starve the cause, you protract the dispute. If the Congress wish to put the finishing stroke to this war, they must exert their whole force at once, give every measure an air of decision. I pray God we may not lose the critical moment. Human affairs are ever like the tide, constantly on the ebb and flow. Our preparations in all parts of the United Colonies ought to be so great, as to leave no room to doubt our intentions to support the cause and obtain our conditions. This will draw in the weak, and wavering, and give such

a turn to the minds of the people, that small shocks will not be seriously felt in the general plan of operations.'

Life of Greene, vol. i. p. 44.

IN CONGRESS,November 27. Resolved, That the troops in the service of the Continent be supplied with fuel and bedding at the expense of the Continent.

'December 2. Resolved, That it be recommended to the Assembly, or General Court of Massachusetts Bay, to use all the means in their power, that the army before Boston be supplied with wood and hay on the most reasonable terms.

'That in the new establishment of the army, the general officers be not allowed regiments, nor the field officers companies.'

These seem to have been the first recorded Actions of Congress upon the subjects to which they relate, though the General had early and repeatedly solicited their attention to those subjects, especially in his letters, Aug. 4, Sept. 21, Oct. 5, pp. 104, 112, 113. By the exertions of the Massachusetts Assembly, the distresses, which from want of fuel and hay had then become extreme in the army before Boston, were relieved at the expense of the Colony.

Man. Jour. of Mass. Assembly, or General Court, pp. 284, 375, 393.

'December 2. Resolved, That this Congress approve the terms on which the artificers have been employed in the army; and that the General go on upon the present agreement, as being the best that can probably be made.

That the General be directed to pick out from each of the riflecompanies, such as are not marksmen, and dismiss them in such manner as will be safest, with an allowance of pay to go home, if they do not choose to enlist in other battalions, and, in the mean time, that all receive their pay.'

See expressions on the subjects of these last two Resolves, in letter, Sept. 21, pp. 111, 112.

'That a committee of three be appointed to devise the best mode of having Expresses, (persons of character,) posted along the roads at different distances, for the purpose of conveying early and frequent intelligence.

The members chosen, Dr. Franklin, Mr. Lewis, and Mr. Deane. Ordered, That the Resolutions, passed on the General's letters, and on the Report of the Committee of Conference, and such other Resolutions as relate to the establishment of the new army, not already forwarded, be sent by express to the General.

'December 22. Resolved, That if General Washington and his Council of War should be of opinion, that a successful attack may be made on the troops in Boston, he do it in any manner he may think expedient, notwithstanding the town and property in it may thereby be destroyed.