but rotting." An account of his notice of Governor Franklin, when he was brought before Congress, under a military guard, is thus given by Doctor Green:* "The governor treated the whole Congress with marked indignity, refused to answer any questions that were put to him, represented it as a lawless assembly, composed of ignorant and vulgar men, utterly incapable of devising any thing for the public good, and who had rashly subjected themselves to the charge and deserved punishment of rebellion. When he had finished his tirade of abuse, Doctor Witherspoon rose and let loose upon him a copious stream of that irony and sarcasm which he always had at command; and in which he did not hesitate to allude to the governor's illegitimate origin, and to his entire want, in his early training, of all scientific and liberal knowledge. length he concluded, nearly, if not exactly, in these words: 'On the whole, Mr. President, I think that Governor Franklin has made us a speech every way worthy of his exalted birth and refined education.""

At

He continued in Congress until the fall of 1782, using his greatest exertions for the success of the cause of his adopted country. He opposed the election of Thomas Paine as Secretary to the Committee of Foreign Affairs, as he thought of him as a person "ignorant of human nature, as well as an enemy to the Christian faith." His speeches upon several important topics, during his congressional career, are included in this work, and are among the few that now remain of that Congress.

It is well known that he wrote the addresses of Congress recommending fasts; and during the month previous to his election to that body, he delivered, at Princeton, a sermon entitled the Dominion of Providence over the Passions of Men, on the general Fast Day appointed throughout the Colonies; which was published, with the addition of An Address to the Natives of Scotland residing in America. He was also the author of Thoughts on American Liberty, and several other political essays, serious, humorous, and satirical. After his death, which occurred on the fifteenth of November, 1795, his works were collected and published, together with a sketch of his life, contained in a funeral sermon preached by the Rev. Dr. John Rodgers of New York.

THE CONFERENCE WITH LORD HOWE.

MR. PRESIDENT:-The subject we are now upon is felt and confessed by us all, to be of the utmost consequence, and perhaps I may also

A few days after the battle of Long Island, | which Doctor Witherspoon delivered the folGeneral Sullivan, who was taken prisoner in lowing speech: that action, was permitted to return to Philadelphia, with the view of communicating with Congress relative to a conference he had held with the British Admiral, Lord Howe, in reference to an adjustment of the difficulties between Great Britain and the colonies. On the second of September he arrived at the Congress, and "being admitted, delivered a verbal message he had in charge from Lord Howe, which he was desired to reduce to writing." The next day he presented a written message, upon

* Life of Ashbel Green, V. D. M., begun to be written by himself in his eighty-second year, and continued till his eighty-fourth. Prepared for the press, at the author's request, by Joseph H. Jones; page 61.

† See note in Witherspoon's Works, vol. 2, page 414. The following is the purport of the message from Lord Howe to Congress, by General Sullivan:

"That though he could not at present treat with Congress, as such, yet he was very desirous of having a conference

with some of the members, whom he would consider, for the present, only as private gentlemen, and meet them himself as such, at such place as they should appoint.

"That he, in conjunction with General Howe, had full powers to compromise the dispute between Great Britain and America, upon terms advantageous to both; the obtaining of which delayed him near two months in England, and prevented his arrival at this place before the Declaration of

Independence took place.

"That he wished a compact might be settled at this time, when no decisive blow was struck, and neither party could say that they were compelled to enter into such agreement.

"That, in case Congress were disposed to treat, many things which they had not as yet asked, might and ought to be granted them; and that if, upon the conference, they found any probable ground of accommodation, the authority of Congress must be afterwards acknowledged, otherwise the compact would not be complete." Journals of Con gress, 1776.

either that are probable, that can be worth | question again? Is it not a preliminary? Has mentioning, as ascertaining the event of the contest.

it not been declared a preliminary by many gentlemen, who have yet given their opinion for a conference, while they have said they were determined on no account, and on no condition, to give up our independence? It is then a necessary preliminary-and it is quite a different thing from any punctilios of ceremony. If France and England were at war, and they were both desirous of peace, there might be some little difficulty as to who should make the first proposals; but if one of them should claim the other as they did long ago as a vassal or dependent subject, and should signify a desire to converse with the other, or some one deputed by him, and propose him many privileges, so as to make him even better than before, I desire to know how such a proposal would be received? If we had been for ages an independent republic, we should feel this argument with all its force. That we do not feel it, shows that we have not yet acquired the whole ideas and habits of independence; from which I only infer, that every step taken in a correspondence as now proposed, will be a virtual or partial renunciation of that dignity so lately acquired.

Lord Howe speaks of a decisive blow not being yet struck, as if this cause depended upon one battle which could not be avoided. Sir, this is a prodigious mistake. We may fight no battle at all for a long time, or we may lose some battles, as was the case with the British themselves in the Scotch rebellion of 1745, and the cause, notwithstanding, be the same. I wish it were considered, that neither loss nor disgrace worth mentioning, has befallen us in the late engagement, nor comparable to what the British troops have often suffered. At the battle of Preston, sir, they broke to pieces and ran away like sheep, before a few Highlanders. I myself saw them do the same thing at Falkirk, with very little difference, a small part only of the army making a stand, and in a few hours the whole retreating with precipitation before their enemies. Did that make any difference in the cause? Not in the least-so long as the body of the nation were determined, on principle, against the rebels. Nor would it have made any other difference, but in time, though they had got possession of London, which they might have easily done, if they had understood their I beg you would observe, sir, that Lord Howe business, for the militia in England, there gath-himself, was fully sensible that the declaration ered together, behaved fifty times worse than that of America has done lately. They generally disbanded and ran off wholly, as soon as the rebels came within ten or twenty miles of them. In short, sir, from any thing that has happened, I see not the least reason for our attending to this delusive message. On the contrary, I think it is the very worst time that could be chosen for us, as it will be looked upon as the effect of fear, and diffuse the same spirit, in some degree, through different ranks of men.

The improbability of any thing arising from this conference, leading to a just and honorable peace, might be shown by arguments too numerous to be even so much as named. But what I shall only mention is, that we are absolutely certain, from every circumstance, from all the proceedings at home, and Lord Howe's own explicit declaration in his letter to Doctor Franklin, that he never will acknowledge the independence of the American States.

I observed that one or two members said, in objection to the report of the board of war, that it was like a begging of the question, and making a preliminary of the whole subject in debate. Alas, sir, this is a prodigious mistake! It was not only not the whole, but it was properly no subject of debate at all, till within these three months. We were contending for the restoration of certain privileges under the Government of Great Britain, and we were praying for reunion with her. But in the beginning of July, with the universal approbation of all the States now united, we renounced this connection, and declared ourselves free and independent. Shall we bring this into

of independence precluded any treaty, in the character in which he appeared; as he is said to have lamented that he had not arrived ten days sooner, before that declaration was made. Hence it appears, that, entering into any correspondence with him, in the manner now proposed, is actually giving up, or subjecting to a new consideration, the independence which we have declared. If I may be allowed to say it without offence, it seems to me that some members have unawares admitted this, though they are not sensible of it; for when they say, that it is refusing to treat, unless the whole be granted, they must mean, that some part of the whole must be left to be discussed and obtained, or yielded by the treaty.

But, sir, many members of this House have either yielded, or at least supposed, that no desirable peace, or no real good, could be finally expected from this correspondence, which is wished to be set on foot; but they have considered it as necessary in the eye of the public, to satisfy them, that we are always ready to hear any thing that will restore peace to the country. In this view, it is considered as a sort of trial of skill between Lord Howe and us, in the political art. As I do truly believe, that many members of this House are determined by this circumstance, I shall consider it with some attention. With this view, it will be necessary to distinguish the public in America, into three great classes. 1. The tories, our secret enemies. 2. The whigs, the friends of independence, our sincere and hearty supporters. 3. The army, who must fight for us.

As to the first of them, I readily admit that they are earnest for our treating. They are

exulting in the prospect of it; they are spreading innumerable lies to forward it. They are treating the whigs already with insult and insolence upon it. It has brought them from their lurking holes; they have taken liberty to say things in consequence of it, which they durst not have said before. In one word, if we set this negotiation on foot, it will give new force and vigor to all their seditious machinations. But, sir, shall their devices have any influence upon us at all? If they have at all, it should be to make us suspect that side of the question which they embrace. In cases where the expediency of a measure is doubtful, if I had an opportunity of knowing what my enemies wished me to do, I would not be easily induced to follow their advice.

As to the whigs and friends of independence, I am well persuaded that multitudes of them are already clear in their minds, that the conference should be utterly rejected; and to those who are in doubt about its nature, nothing more will be requisite than a clear and full information of the state of the case, which I hope will be granted them.

As to the army, I cannot help being of opinion, that nothing will more effectually deaden the operations of war, than what is proposed. We do not ourselves expect any benefit from it, but they will. And they will possibly impute our conduct to fear and jealousy as to the issue of the cause, which will add to their present little discouragement, and produce a timorous and despondent spirit.*

SPEECH ON THE CONFEDERATION.

On the eleventh of June, 1776, Congress | resolved, "that a committee be appointed to prepare and digest the form of a Confederation to be entered into between these Colonies." The next day they voted that the committee should consist of a member from each colony, and proceeded to an election.* On the twelfth of July, the committee reported a draught consisting of twenty articles, and the twenty-second Congress, in a committee of the whole, took the report into consideration, and continued it in debate until the twentieth of August, when, in an amended form, it was reported back to the House. On the eighth of April, 1777, it was again taken up and debated until the fifteenth of November, at which time it was adopted, the number of the articles having been reduced to thirteen.-The following is part of a speecht delivered by Doctor Witherspoon, during the debates:

The absolute necessity of union, to the vigor and success of those measures on which we are already entered, is felt and confessed by every one of us without exception; so far indeed that those who have expressed their fears or suspicions of the existing confederacy proving

The members of the committee were Josiah Bartlett, Samuel Adams, Stephen Hopkins, Roger Sherman, R. R. Livingston, John Dickinson, Thomas M'Kean, Thomas Stone, Thomas Nelson, Joseph Hewes, Edward Rutledge, and Button Gwinnett. On the twenty-eighth of June, Francis Hopkinson was added to the committee. Journals of Congress, 1776-1777.

+ See Witherspoon's Works, vol. 4, page 253-also Life and Works of John Adams, vol. 2, page 496.

abortive, have yet agreed in saying that there must and shall be a confederacy for the purposes of and till the finishing of this war. So far is well; and so far it is pleasing to hear them express their sentiments. But I entreat gentlemen calmly to consider how far the giving up all hopes of a lasting confederacy among

This speech is taken from the fourth volume of Witherspoon's works:

On the fifth of September, 1776, the Report of the Board of War, being under consideration, the Congress

Resolved, That General Sullivan be requested to inform Lord Howe, that this Congress, being the representatives of the free and independent States of America, cannot, with propriety, send any of its members to confer with his Lordship in their private characters, but, that, ever desirous of esmittee of their body to know whether he has any authority to treat with persons authorized by Congress for that purpose, in behalf of America, and what that authority is, and to hear such propositions as he shall think fit to make respecting the same.

tablishing peace on reasonable terms, they will send a com

That the President be desired to write to General Washington, and acquaint him that it is the opinion of Congress, no proposals for making peace between Great Britain and the United States of America, ought to be received or at

tended to, unless the same be made in writing, and addressed to the representatives of the said States in Congress, or

persons authorized by them: and if application be made to him by any of the commanders of the British forces on that subject, that he inform them that these United States, who

entered into the war only for the defence of their lives and

liberties, will cheerfully agree to peace on reasonable terms, whenever such shall be proposed to them in manner aforesaid."

These resolutions were delivered to General Sullivan with orders to return immediately to Lord Howe, and on the sixth of September, Doctor Franklin, John Adams, and Edward Rutledge, were elected to confer with the British Admiral. They had an interview, but the result only convinced both parties that a reconciliation could not be per fected on such terms as the British were inclined to offer.