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COLLINS, PllINTEKS. 1855. ]' m Z o { \% ^■s o 1. 3 H t "V' «(' THE / /77^^y EXAMINATION OF ■, ft--; JOSEPH GALLOWAY, Esq; Late Speaker of the House of Assembly of Pennsylvania. BEFORE THE HOUSE OF COMMONS, IN A COMMITTEE ON THE AMERICAN PAPERS. WITH EXPLANATORY NOTES. LONDON: Printed for J. Wilkie, No. 71, in St. Paul's Church-yard. MDCCLXXIX. V _ /^ [Price Two Shillings.] Sc? <»1 i'" **} o \t^S If i ,w : h ■ i: The Council of the Seventy-six Society thouglit it advisable to present this reprint of this well-known though almost inac- cessible pamphlet. The character and talents of Mr. Galloway, the opportunities which he ])ossessed of obtaining information, the facts stated by him and the weight attached to them by writers in his own and later days, have made this examination a document of some historical importance. A few notes, de- signated by brackets, have been added by me. I had intended to append others, but I refrained when I reflected that many if not all of the members of the Society were quite as well or better acquainted than myself with this period of our history. Those which are given are chiefly on MS. authority; and I here return my thanks to those gentlemen, who have favored me by access to their papers, particularly Mr. Thompson West- cott. The book cited as Pennsylvania Letters is No. 2396 D, liOganian Library. It is greatly to be regretted that we have no full and truthful history of the loyalists, of their numbers, of the measures which they devised, promoted or prcvenied, of tlic motives which actuated them, and consequent upon this the classes into which they were divided, of the influence which they exercised and its effects. Numerous isolated facts or notices are to be found in works relating to the Eevolution, and Mr. Sabine's Loyalists, and Cuncen^s Journal (edited by Mr. Ward), are valu- able so far as they go. But a work embracing the entire sub- ject is yet to be written, as part of the materials for which this reprint of Mr. Galloway's examination may not be without value. m m j I i i Q, ir so largo ii proportion of tho peoplo ol" Ainericn were so averse to inclependcnce, why have they suffered their present rulers to obtain so much power over theui as to prevent any efiectual exertion in su])port of their i)rinciples ? A. The Congress having prevailed upon a very small part of the pe()])l) to take up arms, under the })retenee of obtaining a redress of grievanees; and having an army composed of those people under their command, and subject to military discipline, they disarmed, or caused to be disarmed, all persons whom they thought disaffected to their measures, or wished to be united to this country, contrary to their scheme of Independence.* I have the resolves of Congress, dated 2d January, 177(3, at my house to that purposef. — Tliey went so far as to disarm (by sending •7? 'i vain, empty, shallow, and ridiculous project, that could possibly enter into the heart of man. — I do not believe there are Jire hundred on the Conlmeni, who have the least pretensions to common sense, who would not risque their dearest blood •o prevent such measures." — Even so late ns the time of declaring the Colonies independent, the Congress who were appointed by a very few of the people, and these the most disaffected, found it an arduous task to accomplish it. — Their de- bates lasted near a fortnight, and when the question was put, six Colonies divided against si.\ ; the Delegates for Pennsylvania being also divided, the question re- mained undecided. — However, one of the Members of the Colony who had warmly opposed it, being wrought upon by Mr. Adams's art, changed his opinion, and upon the (luestion the next day, it was carried in the affirmative by a single vote only. [This account of the vote of Pennsylvania as to the Declaration, conflicts with that given by Chief Justice McKean. — Christopher Marshall's Diary, Ap- pendix. ] * [Isaac Ogden, Counsellor at Law, New York, to Mr. Galloway, in Loudon. "New York, l-'eb. 0, 1770. '• The Stale of New Jersey has again taken the lead in passing a law declaring " all persons from that Province, under the protection of the king's troops, guilty "of high treason, and their estates forfeited. In consequence of this la\r, my "father and myself, with many others, have had judgments entered against us, " our estates declared forfeited, and our real estates advertised for sale on the "first day of Miin'li.J f Extracts from the Journals of Congress, January lid, 1770. " — .\nd with respect to all such unworthy Americans as, regardless of their duty to their Creator, their country, and their posterity, have taken part with our oppressors, and, influenced with the hope and possession of ignominious re- m ■m Ip«i» 8 two battiilioiis into Qaccu's county, in the province of Now Y'ork, for rhat purpose) a large niinibcr of the people of that district, for no other reason but because they voted against sending a member to the Convention of New York ; they totally, as I may say, disfranchised them ;— they Avould not suft'er them to trade or be traded with;— they suffered them to be sued, but would not let them sue in their courts of justice; they would not suffer them to pass out of their district on any account * — By these meaiis the 1 ! ?. i Tvnrdi?, strive to recommcml tbcmselvos to the bounty of r>,ilniinistratioii, by mis- representing and traducing tlie conduct and principles of the friends of American liberty, and opposing every measure formed for its preservation and security; " Rrsolvcd, That it be recommended to the dirtcrent Assemblies, Conventions, and Committees or Councils of Safety in the I'nited Colonies, by the most speedy and effectual measures, to frustrate the mischievous machinations, and restrain the wicked practices of these men : — And it is the opij ion of this Congress, that they ought to be disarmed, and the more dangerous anuiiig tlicm either kept in safe custody, or bound with sufficient sun :ies to their good behaviour. And in order that tlie said Assemblies, Conventions, Committees, or Councils of Safety may be enabled, with greater ease and facility, to carry this resolution into exe- cution, " liesulvcd, That they be i uthnrizcd to call to their aid, whatever continental troops, stationed in or near their respective colonies, may be conveniently spared from their more immediate duty ; and the cnmnmnding officers of such troops are hereby directed to afford the said Asseml)lies, Conventions, Committees or Councils of Safety, all l^uch assistance, in executing this resolution, as they may require, and which, consistent with the good of the service, may be supplied." * Extracts from the Journals of the Congress^ January 3d, 1770. " Resolved, That all such persons in Queen's Co\uity, as voted against sending Deputies to the present Convention of New York, and named in a list of dclin- (jueuts in Queen's County, published by the Convention of New York, be put out of the protection of the United Ci>Iouies, and that all trade and intercourse with them cease; that none of tiie inhabitants of tiiat county be permitted to travel or abide in any part of these United Colonies, out of their said county, without a certificate from the Convention or Committee of Safety of the colony of New York, setting forth, That such inhabitant is a friend to the American cause, and !iot of tlie number of those who voted against sending Deputies to the said Con- vention; and that such of tlie said inhabitants, as shall be found out of the said county, without inch certificate, be aii[)rehended. and imprisoned three months. " /{esolrcJ, That Colonel Natiianiel Heard, of Wooclbridge, in the colony of New Jersey, taking will: ' iai five or si'; hundred minute-men under discreet officers, !■ Mercurii, 16° die Jtinil, 1779. COMMITTEE on PAPERS presented by Mr. De Grey, the 19th of March last, pursuant to Address. Mr. MONTAGU in the Chair. JOSEPH GALLOWAY, Ksci; culletl in, und examined by Lord CrKOliGE GERMAINE. Q. llow long have you lived in America? A. I have lived in America from my nativity to the month of October last, about forty-eight years ! . Q. In what part ; and what public office have you held ? A, I have lived in the province of ^laryland, in the Delaware counties, and in the province of Pennsylvania, chiefly in Phila- delphia, ^fy pubUc profession was that of the law. — I jiractised in all the courts of Pennsylvania, iu those of the Delaware counties, and in the supreme courts of New Jersey. — I was a member of the Assembly of Pennsylvania eiglitcen years — • Speaker of the House twelve. — I was ajjpointed by the Assem- bly of that province to attend the American Congress, which met the 5th of September ITT-l. — During the last war,-* under appointment of the same Assembly, I was one of the Commis- sioners for disposing of the money granted to the crown, and * [" TliP Frencli bikI TiHinn Wnr."l m if •I f Bl I i have been several timcri a Commissioner to treat with the In- dians ; and, when Sir \Villi;im Howe took jiossession of the city of riiihulelphia, at liis re(inest I un(U"rtook the office of Superintendant of the Tolioe of the eity of I'liihulelphia and its snburhs, of the Tort, and of the j)rohibited Articdes, Q. When did you come over to the British army, and how long did you continue with it? A. I oauu- over to the royal iiriiiy in the beginning of Decem- ber 1770, and ('(Mitiuucl with it until the evacuation of Phila- delphia, on the L'Sth ol'.iuut' last." Q. At the beginning of the present rebellion, when the inha- bitants first took u[) arms, had the people, in general, indcjieud- ence in view ? A. I do not believe, from the best knowleilge I have of the state of America at that time, that one-fifth of the people had indepeuileuce in view. — I wish wlien I give an opinion, always to give my rea.sons for it. — ^i'he progress of the spirit of indo- * [Mr. riiillowiiy wont to llii^tliitiil in 1778. He i\]ipi'iirs to h.ive tluMi jroiic to Now Vork, iind to liavo roninim'cl tlicro until till full. 1 fiiiil, iinidii^.' ntliov letters tu liiin iliiteil Now Vork, .Nov. 1778, ■wliieli sjioiik of his ".suiMeii ik'imrturo,'' ono from Wm. I'riinklin, (who ii.ul licon Royal (iovornor of Now Jersey,) diitcJ Now Vo k, Nov. lp'onsably necessary to the welfare and happiness of buth." — The Dolegntes finni the Delaware Counties were eon- fined tri—"iinidiiit and Itiirfiil mrasiirea fur obtaining a redress of the general grievances," — The Delegates froni Maryland and Virginia were cniifineil to niea- Hiu'es — " ojierating on the conimercial coniiei'iiiii of tlieColnnies with the mother- country, and :i>eedily to procure the vitiirn of tiiat liiiniiinui and iinidii, so bene- ficial to the whole natio" and so ardently desired />;/ nil Jirilmli Aiiiciicd." — And the instructions from N h anil .South Carolina were to the same purport. — In the Letter to the People of (Jui'bec. the Congress declare, that " their eonfedera- ti'iM li.'is no other olijei'ts, lh;iM the pcvt'crt scc\iilty ol the iiiitural and civil rights of all the eipnstituerit inciiibcrs of the llritisli ^iovcrnincnt, according to tlicir re- spective t'irciuiistaiH'es, and the ]'i'i'M'rvation of a happy and /iinliii;/ cnniierticn with (Ireat Ilrituiii. on siiluiary mul ri,)i.iii/ii/iniHil priiiri/ih.i,'' — .\nd in n pamphlet jiublished in vindication of the con luot of the Congress, intitled. " The other Side iif the (Question. &e," tl ire oblijrcl to make the (ullowing declaration, to refute the charge brought against them of intending to establish independence, viz. "As to the thoi!;rlit of est:ili!ishiMg necliun utili (Jreut Uriiain, and becm I'public in America, — lii-r'ih'iii/ ofi' viir cnii- ;' independent, — 1 consider it as the most i 9 AvoU-affectcd part of America to this government became dis- armed, and tlio arms were put into the hands of those on whom the Congress could rely — a small part of the people. If we look into the history of this kingdom, so early as the great rebellion in 1040, we shall find the very fact alluded to in the question, actually existing in the state of this kingdom. — We shall find the people taking up arms, in order, as it was said, to obtain a redres!? of grievances. — We shall find a few i)Cople at that time, who had arms in tlieir hands, preventing tlie rest, numerous as they were, from taking measures for their relief''. do nmrcli to the western part of Queen's County. And thatColonenVnterbury, of Stanford, in t'le colony of Connecticut, witli tlie like number of minute-men, marcli to the eastern side of suid county; — tliat they confer together, aiiJ cu- Jenvour to cuter the said county on one day ; tliat they proceed to disarm every person in the said county, who voted against sending Deputies to the said Con- vention, and cause them to deliver up their arms and ammunition on oath ; and that they talse and confute iu safe custody, till further orders, all such as refuse compliance." * After the Congress had deluded a few of the most imprudent and violent of the people to associate in arms, and had obtained an army in the field, they im- mediately took measures to disarm those who retained tlieir loyalty, and pave opposition to their design. This opposition appeared in a variety of instances ; but they, immei ;, R 1' /./r ■. .iu;*KSE:w; W3?r- in 10 Q. After the declaration of Independent', -when Tiord IIoavo and the General arrived at Stulcu Island, did the people at largo in the country express a desire to treat with the Commissioners? A. I believe, in the Middle Colonies, where I resided, it was very generally the wish of the people to treat with the King's Commissioners ; and I have the best reason to believe, tliat it was in pursuance of the clamour of the people about the Con- gress in Philadelphia, that they sent three Commissioners to meet Lord and Sir William Howe"'*. i ! i! • li and to relieve themselves from tiicir oppression, of which there hiive been a Tariety of iustances, they were iinmcdiately suppresseil by tiie superior force of the Continental Army. In this state of the people, into whicii they were seiluoed by the arts and force of the Congress, no man of sense can be surprised at their not being able to take effectual measures for their relief. There have been very few revolutions in settled governments, which have been effected with the consent anil approbation of the people. Mankind are not easily drawn into a dereliction of a form of government, under which they have bceu eir(ius of making the greatest efforts for their relief, find it impossil)le under these circum.stauces, and therefore patiently submit to what they detest. * The Congress were compclleil by the clamours of the people to send a Com- mittee to treat with I.cjrd Howe; but did not mean to lio it, save in appenrunco only. The authority given to that Committee was only " to hear such proposi- tions as Lord Howe siiould think (it to make," and not to treat. See Ilesolve of Congress, 0th of September, 1770. The Committee rejiorted, that "his Lord- ship's Commission contained no other authority of importance than thatof grant- ing pardons, with such exceptions as the Cotninissioners sl.ould think proper to make, and of declaring .Vmerica, or any piirt of it, in the King's peace, upon submission." U" the ConimiBsioners had further and other powers, it is greatly to be lamented, that iIm v did not think proper to make tjirm known to the people, I' '/S 11 Q. What proportion of the inhabitants of tlie revolted Colo- nics, do you think, from principle and choice, supported the present rebellion at any period ? A, I don't think that one fifth part have, from principle and choice, supported the present rebellion. — Many of those, who have appeared in support of it, have, by a variety of means, been compelled. — T would wish to give reasons, and not fatigue the Committee, The hist delegation of Congress, made by the jjrovinee of Pennsylvania, and the appointment of all the officers of tliat state, was made by leas than two hundred voters, although there are at least thirty thousand men intitled to vote by the laws of that province. One instance more I beg leave to give. One of the Delegates from the province of New York* (with whom I sat in Congress in 1774) representing a considerable district in that province, was chosen by himself and his clerk only, and that clerk certified to the Congress that he was unani- mously appointed 1 Q. Was the jierson so chosen received by Congress? A. Yes, ho was received on that return by the Continental Congress, in 1774, who were so desirous of having xhe dispute between the two countries settled witliout further bloodslied, nnd upon ronsonahle terms. It would have produced the most beneficial eflFects. If tlic terms had been approved by the people, which is fur from being improbable from their then dispositions, the Congress must have accepted of them, and an end would liave been put to the war. The New Stotea at this time were not formed, nor the Congrcs.s well established in their power; they were of course more dependent on the people than they Lave been since, and must have complied with their demands. * The people of King's County so much disapproved of the sending any Mem- bers to the Cf n''""ss, that although due notice was given of the time and place of election, only two of them met: Mr. Simon Doerum appointed his friend Clerk, and the Clerk appointed Mr. Boerum a Delegate in Congress, who was the only Representative for that large county. Other counties sent no Delegate ; and even GO late as the year 177(i, the inhabitants of Queen's County were disarmed and disfranohi.sed for refusing to send a Member to the Convention of New York; and in no Colony, where these Delegates were not appointed by the Assemblies, which were in four only, were they chosen by one twentieth part of the people. b! I 1. •I » ) Si t fi'r v i :/f 12 ^U \ hi t i :. i I I Q. From your kuowleclge of tlie people of America, what proportion <,)f the inliabitants do you think at this time would prefer a reeoiiciliation with Great liritain, rather than assist in supporting American independence ? A. From the experience which the people have had of the superlative and excessive tyranny of their new rulers; from the distresses they have lelt l>y the ravages war, and the loss of their trade; from an aversion which tliey have to an attachment and connection with Fi'anc;e, which they are fearful will termi- nate in the loss of their liberties, civil as well as religious; and from the old attachment, and I believe; an earnest desire to be . united with this country, 1 tliink I may venture to say, that many more than four-lilths of tlie jK'ople would prefer an union with Great Britain, u{)()ii constitutional principles, to that of In- dependence* Many of the pco[)le, who ;it first took part in the opposition to Govcrnnient, and were deluded by the Congress and its adherents, have severely felt (3very degree of distress. From those feelings they now reason, and that reason has pre- vailed on them to compare their old ha])py situation with their present misery, and to prefer the former. Q. What ellei;t do you think it would have in America, if the people of that country thought an o2)inion prevailed here, that they were generally hostile to (ireat Britain? A, It would strike the friends of this country with distress and resentment; with distress, at the thought that j-ou should conceive an idea so injurious to their principles; and with re- sentment to (he injustice of the idea. Q. Have the inhabitants of America shown a willingness to * [Mr. (iallowny's statements were no ilouht in part based upon the informa- tion derived tlirougli his ourrespdiiilciits in America, .Several letters addressed to liini affirm as facts wliat lie iicre as' erts. A letter from Isaac ()g(Jen, of New .Jersey, dated New York, li2d Nov. 177S. to Mr. (iallowny, then in London, gives these statements in terms even stronger than those used liy Mr. Ualloway in tlie text. That some of the French officers did not consider that alliance popular in America is shown in Spiirk.t' Vranhlin, viii. :!'.(1,] 13 take up arms in the present contest, and have the Congress found it easy to recruit their armies ? A. A very small part of the inhabitants of North America (I ■would rather confine myself to the Middle and Southern Colo- nies) have shown a willingness to take up arms, more especially since the declaration of Independence. The Congress have not found it easy to recruit tlieir armies; they have made use of every means that art and force could suggest for thai purpose. Q. What were the methods made use of by the Congress to com[)el the inhabitants to take up arms? A. When they found they could not recruit their army in the ordinary way by recruiting, the Rebel States passed laws for drafting their militia, compelling every person drafted to enter into the military service, or to find a substitute, or to be im- prisoned. Some were even pushed into the field by the bayonet (but this was not part of the law). In Virginia they passed a law for exempting every two })ersons, who sh'iuld find a recruit from all military service. For these substitutes, and for the recruits, there have been from 40?. to 100?. given. In the same province, they passed another law for manumitting every servant who would enter into the service. By these means tlie Congress chiefly raised their armies, and not from the voluntary enlistment of the people. Q. Were great exertions made by the Congress and their adherents, to bring a numerous army into the field for the cam- paign of 177<)? A. There certainly were very great exertions ; but at that time they did not make use of the compulsory measures, which they were obliged to do afterwards, when the people were satis- fied that they nieant Independence. Q. What was the force under \Vashington when Sir William Howe landed in Long Island ? A. From the best information I could got, I believe it was t 4 . 'i" ll i about 20,000 men. Some said more, others said less. t i($ 14 • m \u' Q, Was their force composed cliicfly of militia, or continental troops ? A. More of militia than coulincntal trooj>s, — They had not then had time to rairfc by rocrniting any groat number of men, nor were their States at that time perfectly formed, and therefore eould not malve tlie exertion for raising the regular troops which they did afterwards. Q. Did Washington's army diminish alter the battle of Long Island — and what was his force at the end of the campaign, when (jen. Ilowe was at Trenton ? A. In consequence of tlie success on Long Island, Xew York, the White Plains, and Fort Independence, Wasliington's army did diminish very rapidly ; insomudi that, when Washington crossed the Delaware, and Sir William Howe marched to Tren- t'jn, his army did not consist of more than 3800 men. Q. What do you take to have been the cause of so great diminution of the rebel force? A. They were panic-struck by the successes 1 have mentioned, and deserted in great numbers. I was at tliat time in Pennsyl- vania. Many of them, who fled from the army, passed by my house, antl I conversed with them. They all appeared to me to be in the extremest panic. Q. What was the dis]iosition of the people in Pcimsylvania when Gen. Ilowe ariived at Trenton? A. I had, though witli the army at that time, constant com- munication witii my friends in Pennsylvania, I'rom whom, while on the Delaware, I learnt the disposition of the people; and when last in Philadelphia with the JJritish army, I made it my particular business to empiire into the state of the province, at the time Sir William Howe was at Trenton; and 1 conversed with no man, who did not inform me, tliat the people of Pennsylvania were disposed to submit to Government, a i'ew of the most vio- lent, and v(;ry few excepted, and they were those who had acted the uiust violent part, (ireat pains were taken to get the militia out, but in vain ; very few were prevailed on to turn out. ■I I % : 15 Q. Did tlioy expect the British army ia Pliiladelphia at that time ? A. They certainly (lid. Q. Did the member.9 of the Congress, and others who had taken an active part in the rebellion, take any steps in conse- quence of their expecting the British troops in Philadelphia? A. I was informed by every one I conversed with on the subject, that the Congress and the Jiebel States, in which I in- clude all their ofiieers, fled in a panic from Philadelphia, many of them leaving a part of their propertj' behind them ; and when I was last at Philadelphia, I was informed by two of three gen- tlemen,* tliat they were aj^pointed by a number of respectable inhabitants of the city of Philadelphia, to wait on Congress, and to inform them, that they woidd go out, and certainly meet Sir William Howe, in case he should cross the Delaware, and iinjilore his protection in behalf of the inhabitants ; — that they did wait on Congress accordingly, delivered their message, and received for answer from the Congress, that thev could not blame them, for they could no longer jirotect themf. Q. Do you know anything of the disposition of the other re- volted colonies? Were tli(\y, from the successes of the British army, disposed to'peace; or did they still remain sanguine in their hopes of maintaining their Independence — I mean those who liad been the su])porters of the Congress and their measures? A. I h'ld very good opportunities of knowing the state of the V y * [Mr. (iifterwanis Judge) Ventes, writing from Lancaster, Oct. 3, 1777, snys (I'eiinsi/lvania Lttlers, 250) : " Mr. Peun and Mr. Delaney roilu out to meet Gen. Howe, niul earnestly entreated liiin to save Philadelpliia from iiluruler. Tiic city, as we learn, escaped ; but John Lawrence, near the Falls, had everything swept away by the soldiers."] t It is well known to several gentlemen now in London, that the Congress lost all fortitude of mind, and in the greatest distress weepcd at the folly of their conduct, declared they could no longer oppo.sc Great Britain, and that they were ruined. They fled with the greatest precipitation from I'liiladclphia to Haltimore, and nniny of them to their respective colonics. * •^1 ii ^JV la IC) ii: I I . ■€' !!i t .' I Middle Colonics, in wliich I include New York, New Jersey, Pennsylvania, Maryland, the Delaware counties, and Virginia, (lentlcnien of fortune and integrity, on whom I should rely, came in to me at Philadeljiliia, from Norfolk in Virginia, AVil- liamsburgh, Frederieksbiirgli, the distant county of Botetourt, Fort Pitt, and from the intermediate j^arts of New York, New Jersey, Maryland, and the Delaware counties, from whom I made it my particular business to learn the state of the disposi- tion of the people of those Colonies, as well at that time, as in the year 177(), when Sir \Villiani IFowe was at Trenton. And I was informed by all of them, that the panic extended through all those parts, antl at that time very few indeed entertained hopes of supporting the independence. Q. Do you think if Sir William Howe had pursued Wash- ington cross tlie Delaware, scattered the remains of his army, and taken up liis (ptarters at Philadelphia, that the Congress would have been able to raise anotlier army ?* A. 1 verily believe they would not have been able to raise an army of any consequence, not of 5000 men, so as to take the field at tlie usual time of opening the campaign. — It was not only my ()[iiiiioii, but that of every gentleman I conversed with on the snl)ject in Pennsylvania. Q. What elVect had tlie success of the rebels in defeating and making prisoners the IL-ssians at Trenton, on the minds of the people? A. It hail a very Tuischievous effect to the British service. — It removed that panic witli which the new states of the Middle * [Mr. fi.illoway was of opinion that faliinj; I'liilaiU'liiliia would settle the war. lie accordingly urgcil Gen. Howe to proceed against it by land. His advice was adipjitcd; but alter advancing into New .ler.scy, (ien. Howe, de.^pife of Mr. (iallo- way"s counsel to tlio eonlniry, determined to attack I'liiladelpliia by way of the Ciio.sapeake. Tlii.s l'at;il lilnmlcr, as he esteenieil it, Mr, (ialloway never foi'^rave. For the reasons of his advice, and his strictures on (luii. Howe's course, ace Itfpli/ lo the Obmiriiiiiiinf „/ Li. den. Sir Win. Jlowe, ij-c Philadelphia (Jleprint), 1787. Pp. '62, &c.] ilij II M 17 ■J i Colonies were struck. — It enabled the Congress and the Members of the new state of Pennsylvania to return to Philadelphia, the most advantageous post for their residence in all America. — It revived their spirits, and the spirits of the disaft'ected. — It in- duced a nundier of the Militia to turn out, who otherwise would not have done it, and contributed in a great measure to the raising of the army which Washington commanded the next campaign. Q. After the affair at Trenton, did the Congress find it easy to recruit their army, and what number of trotjjis had Wash- ington with him in the Jerseys during the winter? A. Notwithstanding that success, the Congress did not find it easy to recruit their army. — They were obliged to make use of the compulsory methods I have mentioned; and yet, during the winter, Washington, at Morris Town, from the best information I could get, had not 0000 n:en. Q. Did Washington take any measures to prevent the British army from procuring provisions in their march through the Jerseys, and what mcuasares? A. In Washington's retreat through the Jerseys, he issued a proclamation, commanding the inhabitants near that route, which he suspected the British army would follow, to remove all their provisions, under pain of having them destroyed; but this pro- clamation was not obeyed, nor did he dare to put it into execu- tion — he did not, lest he should render the people more averse to his measures. Q. Did the British army find difficulty in procuring provi- sions whilst on the banks of the Delaware ? A. They did not. — I was both at Trenton and Burdenton,'^' the two posts loft by Sir AVilliam Howe on the Delaware. — The pci)ple brought in their cattle and other provisions to both those posts. — Captain Gambell, with whom I lodged, acted as Deputy Quarter-master. — I drew, at his request, invitations to the pco- 4. I i I liMi * [ Bon lento wn.] »■ il n'f',' 18 pie of the country to bring in tliclr provisions towan' . lorrninpr a magazine at Bnnloiitoii ;* and altliongh he was tlicrc but a little while, a very eonsidenible magazine was formed, and great quantity of provisions biT>uglit in, before lie was obliged to leave it by the taking of Trenton. Q. Had General Howe taken up his winter quarters at Phila- delphia, would he have run any ri.sk of not being supplied with provisions from the country ? A. I think it impossible. — The country Avas full of provisions. — General Howe's army was the su[)t;rior army, and certainly might have foraged, had the inhabitants not brought in their provisions — of whicli, 1 think, there cuuld bo no (loul)t, because, when Sir William Howe was at Philadelphia in 1777, the peo- ple at that time, when Wasliington had four times the number of troops that he had at Trenton, and when his party was con- tinually patrolling round the lines ; — the inhabitants of Phila- delphia, the army and navy, such as chose to eat i'resh provi- sions, were suji])lied by the country — from without the lines. Q. What number of men did the Congress vote for the cam- paign 1777 ? A. Congress voted for that year 88 battalions, each consist- ing of 750 men, officers included, making in the whole 00,000 men. Q. What number did they actually raise for that year? A. At the outside, they did not bring into the field 16,000 men. — I think T am beyond the mark in that number. Q. What was tlie reason that so small a number of the troops voted were raised ? Was it that the Congress had altered their resolutfon as to the numbers to be employed, or was it because the men were not to be had? A. It was not because the Congress had altered their resolu- tion, but because the men were not to be had. — They made every exertiou as usual; but they had lost in the Canada expe- * [Bordeutowii.] II 19 ililion, at Boston, where they were extremely sickly, killed in l)attle in the several engagements with the British troops, taken prisoners, and by deaths in the military hospitals, southward of New York, I think I may safely say, upon g(X)d enquiry, nearly 40,000 men. — The people also, at that time, were more averse to the measures of Congress than the year before*. Q. What were the exertions made use of to bring a numer- ous army into the field ? A. They were, as I mentioned before, partly recruiting, draft- ing their militia, and enlisting of servants. Q. AVhat proportion of the troops that composed Washing- ton's army enlisted voluntarily ? A. I cannot answer that question with precision. — I believe, not a moiety of them, Q. Were deserters fmm the rebel army frequent while Sir William Ilowe wa.s in Philadelphia? A. They wcrj frequent — almost daily. — I have known forty- nine come in in a day — many days from ten to fifteen. Q. What number do you suppose came in to the army at Philadelphia? A. The deserters were generally sent from head-quarters down to me for examination — from me they went to Mr. Story, the officer appointed to administer the oath of allegiance. — He kept a regular account of their numbers, their names, and the places of their nativity, and I think there were upwards of 2300 qualified at his ofiice ; and I believe, on good reason, there might have been upwards of 7 or 800 more not qualified ; for I often found, on seeing him in the evening, that the numbers I had sent down to hiui had not g nc, so that I suppose, at least, 3000 came in. :;f W' * The Rebel States, since the commer.ccmcnt of the rebellion, have lost in their militnry hospitals, nnd in battle, in their naval and land service, not much abort of 100,000 men, which amount to a tifth part of the white men in America capable of bearing arms. V -=■ 20 ,!l li" ! • v Q. Do you suppose the number you have mentioned to be the whole of the dosertion from tlio rebel army ? A. By no means ; I do not sujipose it ; —many might have deserted into the country to their friends — perhaps, half as many more. Q. What was the encouragement held out to induce deserters to come over to us? A. A proclamation was is^iunl liy Sir William Howe, offering them a ])assage home to Ireland or England, their native coun- try, and they were generally paid for their arras and accoutre- ments. Q. That part of the rebel army that enlisted iji tlie service of the Congress, were they chiefly composed of natives of America, or were the greatest part of tliem English, Scotch, and Irish? A. The names and ])laces of their nativity being taken down, I can answer the question with precision. — There were scarcely one-fourth natives of America; — about onedialf Irish, — the other fourth were En[;lish and Scotch.* Q. What is the character that tlie Provincials serving in the British army be.nr? Arc they good troi)[xs, and have they be- haved well when em[)li)yal? A. I hav i understood, as soon as they arc disciplined they are very good troo[)S, and have always behaved well ; i know of no instance to the contrary. — That I know to be the oi)iniou of many of tlie military gentlemen. Q. Do you know anything of the army of the Rebels in gene- ral, how that is compo.sed — v'f w^liat country jieople? A. I, judge of that by the deserters that came over. Q. What was the sum given as b.-uuty mouoy to a recruit cnli.stiug in our provincial corps? A. I have uudenstood live hard dollars. 1- I ■ i ? * [Tliis Ptntcmcnt iimst be taken in cunncotioii with tlip nnswer to the (pics- ti'iii next but one— timt he juilj^ed uf tlie birth-jihiee <>i tliu snjiliers of the ruliel army by the de.sertcrs.J 21 Q. At that time, what was the sum given by the rebels Tor a recruit lo serve in the army of the Congress? A. The Congress gave twenty paper dollars a man, besides eight paper dollars to the person who should proeure a reeruit — It was recommended by the Congress, in order to facilitate the recruiting for the Rebel States, to divide the states into dis- tricts, and to appoint two or more persons to recruit in each district. — These persons had the eight Continental dollars. Q. What was the proportion between the hard and the paper dollars ? A. It is impossible to say ; — they are now from fifteen or twenty to one. Q. At the time the army was at Philadelphia? A. I cannot say ; they might be three or fijur, or five or eight to one*. Q. What have you known to be given for substitutes ? A. I have known from ,£-10 to £100 Continental moneyf. Q. What number of men do you suppose are now serving in our army in America, as Provincials? A. I have been informed, from 6 to 7000 — but I do not know of my own knowledge. Q. Were there any number of thena embodied as militia in any part of the country where the King's troops have been in possession ? A. I understood, when 1 was at New York, that there was a body of militia formed at Long Island. — There were none in the Jerseys, nor at Philadelpliia. Q. Were there ever any attempts made to induce th? inhabit- ants to take up arms, and defend Jie country against the incur- sions of the llobels either in Pennsylvania or the Jerseys ? * Tlio Continental money wns cor.stantly Huctniiting in its value— When tlie British iirniy entered a province, Us value was in a nmnncr luniliiliitetl, and the people, ventured • , enly to refuse it. f By late accounts from gentlemen of the best credit at New York, the ex- travagant sum of £200 lins been given km h substitute. « ! I i il ;^fl'i r mmmmM .1' ■ W I - ';■■ ; i t EN 22 A. Not as militia; — there were corps enlisted in Philadel- pliia. Q. What number of men wore there in Philadeli^hia capable of bearing arms 'i A. At the deaire of Sir William llowe, I numbered the in- habitants of the city of Philadelphia and the suburbs, distin- guishing the males from the females, and taking the number of those between 18 and 60 years of age. — There were in Phila- delphia and suburbs, within the limits, 4i81 males under that deseription, Q. Might not those men have been embodied as a niilitia for the defence of the city ? A. A part of them were Quakers — about oiic-lburth. — These Avould not take up arms on any account. — I know of no reason Avhy the others might not liave been induced to take up arms,* Q. Were those who were found in actual rebellion, or known to be disaflccted, disarmed? A. In the city of Philadelphia, the inhabitants that were Uis- affectod were disarmed by me, in jmrsuanee of directions from Sir William Howe. *■ [Mr. Giillowiiy (/i'c;i/;y 18, &c., cit. ante, 10), nftpr clmrpitig nencrnl Howe with suleotiiig "tlie most uiipupuliir olmructLTs" for rocruitiiig in rhitii(k'l|)liiit, says: "Sucli worn tlie jrcnflemcn nfipnintoil, and such tlie ciiiliiirrnss^inuiifs ninicr "wliich tlie rccruititig siMvicu hilKiii'iliii lMiiltiilol|ihia ; iiml yet tiiu fliTicral nu- " knowledges, that during his short stay in that city, wlicre he found only 44H2 "nnilcs, from lf< to DO years of aire, of wlioni near UHH) were Quakers, he raised "!I74 rank and file, and, officers included, upward of 1100. The General says "nothing of .Mr. Galloway's troop of I'liiladelidiia light ilragoons ; it did nut suit "his purpose. That \vv\ unjinfiulnr gentleinuu oll'ered to raise a regiment of "horse, but he could procure a warrant for raising a tro(}p only. This corps "was expeditiously raised; in two months they were complete, and so well dis- "ciplined as to bo reviewed i)y the general, and greatly applauded for their dis- "cipline. It is known in tliat country, that his influence among the Loyalists " was such, that lie Could have raised a regiment in nearly the .same time, not- " withstanding the emburrussmeuts under which the recruiting service thea "Lihored "J 23 Q. Were arms put into tlie hands of the well aflfcctcd inhabit- ants who had before been disarmed by the rebels ? A. Not generally. — A number of men, to the amount of eighty or ninety, came in from the country, where I generally resided in the summer, and offered to serve without clothing or pay, with an allowance of provisions; — for these I procured from Sir William Howe arms ; — and another body of men that came from Jersey, tlie numbers I do not know, had also arms put into their hands. Q. Do you know of any instances of the inhabitants taking up arms of their own accord in support of the King's authority? A. Tliere was a considerable body of people of the back parts of North Carolina (the rebels in their account called them IGOO), who took up aims in support of the King's authority, but they Avere attacked and defeated by the rebels *.■ — Another body in the peninsula between the Chcsnpeak and the Delaware (as I was well informed, consisting of 2000), likewise took up arms in support of the King's authority. — Anotlier party in the same peninsula, at another time (consisting of several hundreds), and another in the county of Monmouth, in the Jerseys, consisting of about 100. — And I was well informed, that some of the dis- tricts above Ali)any, at the time that General Burgoyne was advancing towards tliat place, took up arms., and prevented the disaffected part of the districts from joining General Gates;t de- ^ I '1 * Some of these loj-iilists wore nrmcJ with guns, others with clubs only. — Indeed this was tlie circumstance in every cnso where the people rose in favour of Government ; — their arms having been generally taken from them, under the order of the Congress or Conventions. f [Uev. Charles Inglis, afterwards Bishop of Nova Scotia, writes from New York, Dec. 12, 1778, to Mr. Galloway in London: — * * * "there are still many friends to the government in the country. * * * * " Hurgoyne's army, while on their wny through New England, but particularly "through this Province, met with the kindest treatment from the inhabitants. "Provisions in abundance were brought to them; the inliabitants cheerfully "gave up their beds to them, sympathi/xd with them, otVercd them money, and " assisted mony to make their eBca[pe, Several inhabitants of this Province came in I r ill I' I 24 daring, tliat if tliey went out to join General Gates, they A\rould join General Burgoync. Q. Did you find many houses deserted as the army marched through Jersey, or in the way from the Head of Elk to Phila- delphia ? A. General ITowe liappened to land his troops in a part of the country more disiitVectcd than any other part I know ; I mean Cecil county in Maryland.— At and about the Head of Elk, a number of inhabitants did desert their houses, and carry ofl' their effects, but not all. — After Sir William llowe had advanced into the country from thence, about eight or ten miles, as near as I can guess, I don't believe that I saw in the whole route of the army, from thence to Philadelphia, consisting of at least seventy miles, above ten, or, at most, fifteen houses deserted, — I think not so many, but I chuse to be under the mark. — The inhabitants were found (piietly at home ; and, to mo, there ap- peared every mark of pleasure at the troops arriving in the colony. Q. ^Vhat quantity <>f ])rovisions did the army carry with it from the Head of Elk, or from Pencadder, where General Grunt joined them ? A. i can't speak to that question from my own knov. lodge; but I was informed by tlie oH'ccrs of the army that there was about iburteen days provisions landed*. Q. IIow long was it from the time you left Pencadder to the time the General received provisions from the fleet in the Dcla- Avare ? A. I think the army marched from Pencadder the 8tli of September; and, to my best recollection, the Welch Fuzileers "us guides to ilitlVrciit piirtics who liiive got in — upwards of one hundred have "reiii'iied this place."'] * A grciit pnrt of those provisions must liave been expended by the army before Sir William Ilmvu left Pencmlder.— The army was landed on tlie 25tli of August, uud it did not march from that place before the 8th of September. would 25 went down, for the first time, to the ships below Philadelphia, to escort u]) the first {provisions on the od of October. Q, How did the army subsist during that time ? A. The army in their march g(jt large quantities of provi- sions supplied by the inhabitants. — They drove a large quan- tity of live stock with theiu to German Town, and some to Philadelphia. — They got other jirovisions m the country. — They took a magazine of (lour at Valley Forge, which I under- stood was destroyed. Q. While the British army lay at Philadeli)hia, did the in- habitants from the neighbouring countries, without the lines, bring in provisions, and were the markets plentifully supplied ? A. The army lay at Philadelphia nine or ten months — there was in that city and suburbs, within the British lines, near 25,000 inhabitants — I include the number of people that came in, besides the real inhabitants there ; these, with the army and navy, did not want fresh provisions of all kinds whilst they re- mained at Pliiladelphia. Q. In what state was Washington's army, in respect to pro- visions, while the British army was thus supplied ?"" A. Part of that time Washington's main army lay at Valley Forge — it Avas then in extreme distress for Avant of provisions — the deserters who came in informed me, that they were seve- ral days at half allowance ; and some that I examined told me, that they had had furhjughs to go out into the neighbourhood to get provisions. — At that time, "Washington received a consider- able part of his supplies from the distant parts of Virginia and North Carolina, brought up the Ch(>sapeak, landed at Elk, and from thence conveyed to las camp at ^^alley Forge in waggons. 1'he inhabitants wore so averse to the measures of Congress, that they did not sup])ly him with provisions. i :U V i Si il m <'' * [For a vivid picture of tlic distress and privations endured by tlie army nt Valley Forge, see the Letter of the Coraniittee to President of (.'ongress, Camjy at Viill (ieiieral, iu some measure, relied (ju me I'or intelli- gence — lie had otlu-r means ol' getting intelligence. — 1 sent out to mv friends on tlu; Susiiiieliainiali and to tin; Delaware — it was an easy tiling so to do, — Tlie iidialiitants were continually .ii" in and conuni>' out; and 1 desired tliat tliev would inform me of every thing material tliat happened iu those parts respect- ing the uundtiM- of troops that should be coming to join "Wash- ington. — I sent out many spies for the General on other occa- sions. — The General had the best intelligence from other circum- stances, which it wouM be impro])er for me to mention. — '^I'he intelligence, I think, nnist have been good, wliilst Washington, iu po.sse.ssion (jf that country, comphuned of the want of intel- ligence, and .Slid he was in an enemy's country. — I had this from an officer under Washingttni. — 1 would add, with re.'^pecl to the di.-^position of the people, that persons came in to me, from all ([uarlers (jf the ]\Iiddle Colonies, and from their intelli- gence I answered the former (juestitjn. Q. To what I'ouse was it owing that Washington's army was so badly supjilied, when he had the command of tin; country '! A. Washington Avanted Hour and bread for liisarniy, and grain and Ibragc for his hori^es. — Wo issued a proclamation, command- ing all the iidiabitants witliin seventy miles of his eamj) north- ward, st)Uthward, and wrstwai'd, to tliresli out tln'ir grain : one- half by thelirst oi' Fel)ru;iry, the otlier half by the first of March, under pain of having it taken Irom them, and only paid liu- as .straw. — But this proi'laiiiatiou was not obeyed — Wasliingtou then was obliged to seuil some of the men of his army to tlui neighlioiiriiig funners to thresh out their grain, which he took and made use of without ]iaying for it. Q. Did Washiiiglou lind the jieople ready to su[)plyhim with carriages 'i A. IIo did not. — ][c got few carriages but what he took by force. — Tlie pi'ople h.'d their waggon wheels. — lie compelled I i tliem to produce tliciii. — They tlien broke tlicir wheels and dis- abled their waggons, which rendered it very difficult for him to be sui)])lied with waggons. Q. In what state was Washington's army in respect to cloth- ing in the campaign of 1777 ? A. All the deserters who came in to us, except the Virginians, and a very few from the northward, were in a manner naked ; they were not clothed fit for the inclemency of the season. — Some of them had linen garments on, and those very ragged and torn. — Some without shoes, very few with whole breeches or stockings — in short, they were objects of distress when they came down to me to l)e examined. — Tlie ^'irginians had passed a law, under wliich they authorised Commissioners to search the house of every iidiabitaut for whatever spare cloth of ever}- kind that might be suitable for tin? arni}^, and to seize it for that y)urpose, wdiich was executed. — 'i'he Virginians, tlierefore, were Instter clothed. — Washington sent into the county of Bucks, v.diere there was a considerable ([uantity of cloth manufactured, lying in their fulling-mills, and siii/.ed it for the use of his army; but before it was conveyed to him it was taken by an American troop of light horse and some refugees, and conducted to Phila- delphia. (.1. What state was the rebel army in, in resjiect to health? A. From the time the rebel ai'my was at Boston, to the time alluded to in the question, Washington's army was always very sickly, occasioned, as the principal physician of his hospital in- formed nie, by the want of salt, and the eating of fresh provi- sions constantly without salt, together with their often wanting (dothes, and otiier good ap[)ointmeuts. — At the time alluded to in the rpiestion, Washington had not less than ten hospitals. — I examined one of the physicians of those hospitals, who gave me this iuf )rmation when he came to Philadelidiia. (^ What was tlie numbei- of Wasliington's army at this time at A^ alley Korge ? A. Tn the latter end of Vebruarv, or beginniu'jr of March, 1h I! tl 28 Washington had not 4000 effective men — from a great variety of accounts, from a number of peojtle who lived by his camp, and from officers of his own army.* Q. By what mean.s were tlic numbers there diminished after the battle uf Germun Town ? A. By the means I liave described ; sickness and desertion. Q. Could an army of ir),UO() men subsist upon the country in a march through the Middle Colonies ? A. Unless it is very much altered, and that very lately, they certainly could, and a much greater army. 1'he ^liddle Colo- nies are colonies of provisions. — They have a jjlenty of cattle and hogs ; and they abound with grain, Indian corn, wheat, rye, oats, and barley. Q. Wliat number of people do you sup))ose the British army and its followers consisted of that Avere fed by the country in the march from Elk Head to Philadelphia, and until it opened its communication with the ships? A. The army and its followers, I imagine, consisted of about 20,000 mm. — I understood so from officers of rank in the army — I never saw tin- returns — but I understood that to be near the number. Q. What was the disposition of the ^liddle Colonics in the spring of 1778, before you left riiiladelphia? A. I had gooil reason to believe, from the en(iuirics I made respecting the dis})osition of the peojile, that they were very generally desirous of giving uj( tlieir new rulers, and of being united with this country. Q. Had you reason to believe that any gentlemen of weight * [Isaac OgiJen writes from New York, March 8, 1770, to Mr. Gallowny : — " Wasliington's army, by the expiration of the term of the ' nine-months Viien,' "is considerably (limini.slieJ. He 1ms not now in Jersey more than 3,000 men, "and in ('i)nnccticut not ho many. They talk of making new drafts from the " militia. This is their last resort; and I am rather inclined to think the militia " will refuse being drafted. The depreciation of tlieir money has obliged them "to give up all thoughts of their recruiting,"] !ii » , 2!) and influence in Pennsylvania were reaprised of. When finished, I showed them to !Mr. Foxcroft, and he approved of tliem, and I resolved to send them to Sir William Howe. I carried them to Capt. ^lontresor, through whom I often commu- lucated with the General. Capt. ^fontresor, on perusal, approved them also, and said, he would cheerfully deliver them to the (jleneral. 1'he dilliculties I pointed out were in substance as follows. — The distance of the way round from the Hook to the head of the Klk; the coustant prevalence of the southerly winds alou"- the coast at th,".t season of the year. In order to induce Sir William IIowc to ]irefer gtnng up the Delaware to the Cliesapeak, I mentioned, that the distance from Newcastle to Lan .5ter, where I apprehended he might be going after Wash- ington's magazines, was nearly about the same, as the distance from the head of the Elk — that the country was more open, and the roads better; and that, supposing his object was the maga- zines at Lancaster, his ;:oing Uj) the Delaware would be an ex- cellent cover to his designs, as the enemy would naturally con- clude that Philadel})hia was his object, and not those magazines. These, to the best of my recollection, were the difficulties and facts contained in the paper that I delivered to Capt. Montrcsor. If I am mistaken in any particular, it is from Avant of recollec- tion, and Sir William Howe can set me right, as he had the pa])er. About eight or ten days ai'ter 1 had delivered the paper. Sir William llowe sent for me by Capt. ;^^ontrcso^, and asked me, how I knew he was going to the Cliesapeak? 1 answered, I did not positively |vnow it. lie said, I did, from the paper belore him. 1 replied, the pajier was not positive, but con- ditional, supposing he intended to go there. He then asked, whetlier my objections rested on the dilliculties of the naviga- tion of the Cliesai)eak? 1 replied, they did not. 1 was a very 41 ' \ 4> i ti i il ij little while with Sir William Tlowo, :ine they are Quakers," " tiius," as Mr. irihoemuker subsequently re- marked, "fully returning tiio eoinpliment." Mr. Shoemaker' .s estate was con- tiseatcd after the war, for which he was amply compensated by the liritish Govern- nieiit. He died in I'liiladelpiiia, October 1(1, 1800, in the sevetity-sixtli year of liis agf. — .1/r. l[,-i(i-ij I'ltiiiijU'tis MSS.\ 1- 'S'. i"4. |il I' I: I' 1^ \'- . i im f<- uot to follow- it. We however resolved, before wc parted, to communicate our circumstances tu Sir Henry Clinton, with the advice that Avas given to us, as wc knew upon him, in a tew days, the command of the army would devolve. I wrote a letter to Sir Henry Clinton, requesting an interview upon a matter which highly concerned the magistrates and citizens of rhiladelphia. Not receiving an answer from Sir Henry Clin- ton so soon as I expected, and Col. Tunis, a confidential friend of Sir Henry Clinton, calling on me, 1 communicated the whole that I have mentioned to him, and : jquested ho would speak to Sir Henry Clinton on the occasion. A good deal passed betweeu us. Ho seemed alarmed that ., -> should be advised to go over to the enemy, and lunuted out the consequences that won.ld attend it, and immediately oflered to go to Sir Henry Clinton, and bring us an answer relative to our personal safety. He soon returned and informed rne, that what ho should say I was 1 ot to understand as ollicial from Sir Henry Clinton (he did not sav so — but I understood, at the tim<., it was because the com- mand had not then devolved on Sir Henry Clinton), and iii- lormeil me, that Sir Henry said, he could not have granted a flag on such an occasion, had we requested 't- 'jiat tlie game was not up — that the war was not over, but would still be car- ried on vigorously, and desired that we would not entertain a thougiit of uoing over to the enemy. Q. If the magistrates of IMiiladelj'hia had gone over to the Rebels, what eiVect would that measui-e have had in America? A. If the magistrate,- of J'hihutel])hia had gone o-, (-rtothe Rebels under that advice, it would certainly have had every pernicious effect. — The peoi)le in general would have believed what the Rebels at that time industriously propagated, — that the contest was given up, and tjat America was to be evacuated. — They would, or at least great luunbei's of them would, have taken the oat jS of allegiance, and abjuration to the States, and become their perfect subjects. I H is j' Ml •J , 85. Q. Did you attend the army from Bruiiswic to Trenton in 1776 ? A. Yes. Q. At what time did the army march from Brunswic, and at what time did it arrive at Prince Town that day ? A. I lodged with General Vaughan the evening before, and imderstood the orders were to inarch at four o'clock.— The nrmj did march very early; they arrived at Prince-Town about four o'clock in the afternoon. Q. Where was Washington and bis army at that time ? A. The main body of his arm} was at Trenton, a part at Prince-Town, and I believe a few advanced nearer to Brunswic, to observe the motions of the British army. Q. Had you information, which yoi- had reason to believe, with regard to the time of Washington's leaving Prince-Town that day ? A. I was informed by several of the inhabitants of Prince- Town, and particularly- by the gentleman with whom I lodged, that Washington had left it about an hour before the van of the British army arrived. O At what hour the next morning did the army march from Pri ice-Town to Trenton, and at what time did the army arrive at Trenton ? A. To the best of my i ecollection, the army marched between eight and nine o'clock in the morning, and arrived at Trenton about three in the afternoon. Q. Do you know what was General Washington's force at that time, and by what means do yoa know it? A. I have saiil before, that General Washington's force con- sisted at that time of about 0300 men.— A number of the in-^ habitants of Trenton made his force less ; but Major Barnes, of the Provincial corps, who lived in Trenton ji*- the time, and at whose house Wasldngton took up his head-(iuartcrs, informed me, that by a return made to Washington the day bel'ore he passed the Delaware, liis whole army, excepting I-ord Sterling's I 'Si I \ U ' 1 Pi '4 m 1 ^li M\ w 1- m m h H^ 36 brigade, amounted to 2900 men ;— and Lord Sterling\s brigade did not, at that time, amount to 400. Q. Is it your oinnion, that it was possible or not, to liave overtaken General Washington's army before it bad crossed the Delaware ? A. I am no military man, and can speak only to facts, which, as far as they go, I am ready to answer.— Had Sir William Howe marched from Prince Town at four o'clock in the morning as he did from Brunswic, or at three o'clock, as he did fi'om Phila- delphia, to White Marsh, he certainly would have been at Tren- ton four or five hours sooner than he was.— Washington's last boat, in which he carried over his army, had not reached the opi-osite shore, when the van of the British army arrived at Trenton. Q. How far is it from Prince Town to Trenton? A. Twelve measured miles. Withdrew. (l j I ■»'l Venerifi, 18° cZie Jnnii, 1779. COMMITTEE on PAPERS presented by Mr. De Grey, the 19th of March last, pursuant to Address. Mr. MONTAGU in the Chair. S6 I, Jc --^'H Galloway, Esq; called in, and examined by several : :, ;. bers of the Committee. Q, Whether, in your opinion, the river Delaware miglit liave been crossed by Sir William Howe when he cf.me down to Trenton with the army, and your reasons for that opinion ? A. There does not appear to me to have been any difficulties to have prevented the British army from passing the Delaware in December 177t), when Sir William IIowc was at Trenton.— I have said, that Washington's force was but small. The river Delaware, in and about Trenton, is from 3 to -iOO yards wide. —At a place c Jled Bond's Ferry, about two miles below Tren- ton, I think the distance across the river is very near 000 yards, —The gr . .a.' 'I d\e place I have mentioned (Bond's Ferry) is hio-h, an*": . . ■i.- 't; ' commands the shore on the opposite side, ftir beyond caav n shot.— Under these circumstances, 1 know of no diiBculty except that of the want of boats or i)ontoons.— I had a conversation with Captain Montresor, Ohjedion heiiiij taken (<> Mr. Galloway's givinrf an account of this conversation, he teas ordered to ivithdraio. Again called in. Q. V\'\ you any occasion to examine i)articularly into the ])raeti ..l)i<; means of passing the river? :t :! I i II M: 1 88 A. The conversation I intended to have mentioned, was only as iiitroductoiy to a most materia] fact, -wliicli was, that, at Cap- tain ^Lontresor's reiiuost, I did oiuiuirc, whetlicr there were any materials in or aliout Trenton, with which pontoons, boats, or rafts might be constructed; and I found 48,000 feet of boards, a quantity of iron, and there was timber enough about Trenton for that purpose. Q. Did you find boats or schoughs ? A. I did ; — there were two boats in a mill pond, at a little distance from Trenton. — I did not see them, but they were reported to me to be there. Q. How many men would tho '^^s carry at a tiiue? A. I iinderstood from fifty to sixi men a-piece. Q. In what time, from the iuformation you got, did you un- derstand that a bridge might be nuide to pass the river? A. I airi not competent to answer that (]uestion from my own judgment, and I made no euipiiry respecting it. WitJidrew. Called in a;/ani. Q. Did you see the boards you mentioned? A. I did not. Q. When the British troo])s took jiossession of the Jerseys, were any proclamations issued, or measures taken to conciliate the minds of tlie people to the liritish Government? A. There was a proclamation; T understood it was issued Avhen Sir William Howe was in the Jerseys; I met with liina at Branswic. I really cannot be certain as to tlie date. — By this proclamation, a pardon was oiVered to all such of the in- habitants as sh()uld come in and take the oath of allegiance to the crown, with a promise or engagement to jirotect them in their persons and properties. Q. In what manner were the inhabitants treated by the British trooj^s alter they received their protecti(jus ? A. ^[any of them, by far too many, were plundered of their property whilt> they had tlieir written protections in their hands, iJ; 89 H i 3 fi or in tlieir liouscri.— Fj'iends to Governiiieiit, {uid those disiit- I'cctcd to Government, shared tlie same fate in a great variety of instances. Wi'thdreiv. Again called in. Q. Was that hast answer given from your own knowledge? A. From my own knowh^dge. Q. Bv wliom Avcrc such inhabitants phindci-ed after they had received their protections ? A. By the British and Hessian troops. Q. To your own knowledge? A. I should be happy if the Committee would let me explain myself. — It may be expected, that I ought not to answer, to my own knowledge, unless I saw the fact committed. — That I did not, and yet 1 can assign such reasons, I think, as will justify me in saying — to my own knowledge. — The peoi)lc })lundered have come to me recently from the fact, with tears in their eyes, complaining that they were plundered of every thing they had in the world, even of the pot to boil their victuals. — I myself drew a memorial to Sir William Howe, in behalf of a friend to Government, who had been plundered of many thousands in Madeira wine ; — that memorial was presented, — the determina- tion of it was relerred to General llobertson, whether the person should be paid for the wine or not (the person was ]^Ir. Sharp of New ^'ork). This was settled, and I have reason to know of many (jther memoi'ials that were presented on the like occa- sions. — I have seen them before they were presented ;— and as to the fact of the plunder, many aflidavits were taken on that t)Ccasion by the enemies to Government, which aflidavits were published tliroughout all America*. Withdrew. » Whoever wishes to be fully satisfied in respect to tlio iiullscriuutmte plunder and wiintDii destruction of property committed by the Fiiitish soldiery, in the county of West Chester, in the province of New York, iind in tiic towns of Newark, Eliziibcth-Town, Woodbridge, lirunswic, Kingston, Prince Town, and Trenton in f i f ■■ tli 40 Agnin called hi. Q. Was you with the army wlicii they inarched I'roin Bruiis- wic to Hillsborough ? A. I was. Q. Do you know of any roads leading round Mr. Washing- ton's camp at ^Middle Brook, on the North, by which Sir Wil- liam Howe might have passed round between him and the Delaware and his magazines ? A. I never passed the road from Brunswic to Middle Brcok*. Q. Where were AVashingtou's magax:ines at the time you were in the camp at Middle Broolv ? A. Ilis artillery magazine was at Norriiigtnn, about fifteen miles from l*hiladelphia. — The magazines of provisions Avere at Lancaster, !Manheim, Carlisle, Lebanon, and I believe some at Eeading — all in Pennsylvania. — I speak from accounts brought to me at New York, which T gave to Captain ^lontresor. }*> I it} r* im New Jersey, arc refei-reil to tlie PeunsylviUiia Evening Posts of the 24i. wuj 2'.)th of April, 1st, ;M, mid Idth of May, 1777. [Many otlier proofs besuies those here cited by Mr. (^mlloway niiglit, if necessary, bo mentioned. Tlic cruelties perpetrated by tlio i'.ritish armies, however sad to the individuals who t-uffcred, operated most fortunately for the republican cause. They brought home to every man, even the huml)lest or the most loyal, t'-e consciousness that there was an enemy in the land ; an enemy which rrs]iected nothing, spared nothing. Their effect is thus described by Mr. Isaac Ogden (one of whose name, if not of his family, was barbarously treated. Report of Com. lo Con;/rcsii, April 18, 1777, I'dttiKi/liHtnia Packet, April 2'.', 1777) to Mr. Gallowny, in a letter dated New York, Nov. 22, 1778. Speaking of the foraging party to Newbridge, he says; " The effect of it has '•been, that the wanton and indiscriminate depredation and waste committed "have made many persons rebels, and deprived New York of a very considerable "resource. The accidental coup-de-main, by which Haylor's regiment of dragoons "was cut up, in some measure atoned for the blunder."] * The chart of New .Jersey will shew, that there is a road leading from Brunswic to Bound lirook, and from tlicnee to Kaston ; and it is known, that in that part of the country, which is full of plaiitations, there are many roa.ort of your proceedings to the next assembly, " Signed by order of tlie House. " Joseph Galloway, Speaker. "Philadelphia, July 13, 1774." Tliese instructions arc mentioned, in jiart (ante, p. 0), in Mr. Galloway's note; but it seemed advisable to print tliem in full, as bearing on the personal history nf one of whom it may bo said, that " ho was the best abused man" amongst the loyalists. It is but just, that in judging of any one's course, we should give due weight to the education and considerations which determined It; and, however much we may cnndenin the line of action adopted by him, yet common lionesty and Christian charity alike require that a proper allowance should be made for the circumstances which led him to pursue it. Mr. Galloway was born in Kent County, Maryland, in 1731. His father, Mr. Peter Galloway, sprung, I believe, from a liighly respectable family, which had settled in thai lu-ovince prior to the year 1 IJlO {Dr. U. Morris s MSS.), appears, from the advci-ti«cments concerning the settlcnieut of his estate, to have been a mnn of large landed property. Thus, by his birth, he was subjected to the aristocratical influences which even yet linger among the wealthy planters of certain sec- tions of that ytate. He studied law, fuost probably in Philadelphia, for his father died whilst he was very young ; at all events, he settled here upon coming to the bar, lu no city of our country was professional success, at that day, attended with more lucrative rewards. Hero, too, were others, like himself of Maryland lineage, whose names became justly conspicuous in Pennsylvania history. Doubt- less, the refined and attractive character of its society also had an influence in determining his choice of a home. He applied himself assiduously, and his talents and industry speedily obtained for him high position, both professional and political: in proof of which, I may mention that, in 17(J9, he was one of the three menibcrs of the bar called to testify before the Supreme Court as to "the custom in the Province in taking acknowledgments of deeds by married women." (MS. Peniisi/lvanin Reports, 145, Law. Assoc. Lib.; auote of the rulings in the case is to be found Dalian, i. 22, WhartoiC s cdi.) : and in a letter dated Sept. Ill, 1750 (Peniist/liuiiiia Letters, 04), which is the earliest mention of him as a politician tlmt I have met with, he is, when only about five-aud-twenty, spoken of as a prominent man. His political career is narrated by himself in the open- ing of this Examination. His course in the Assembly, as the leader of tiiO anti-proprietary or provincial party, is too well kno»Yn to require a word here; but it must be borne in mind, that the object for which that party so strenuously 'fM •Hi m if^ I I" I si f I 44 a plan of accommodation in the Congress, agreeable to my in- structious; — some of the best meu, and men of the best fortunes, contended was the resumption by the crown of a government, which had been so improvidently granted, and which had, as they believed, worked injuriously to the interests ol' the }irovince. It must also not be forgotten, that " the French and Indian wars" had brought desolation and slaughter upon the western borders of the colonies, but on none more than Pennsylvania. In that struggle, Great Britain had aided with both men and money. The recollection of that periml was particularly prominent in Mr. Galloway's mind, owing, perhaps, to the messages which, as Speaker, he had presented to the Governor on the subject. This alliance of the ancient ene- mies of the English race with a savage foe might again occur, and he dreaded its results to unassisted, perhaps disunited, or even hostile. States. Again, the charter of Pennsylvania had expressly reserved to the king and Parliament the right of taxation by duties on commerce. {Ilizurd's Annals, 494, &c. Charter.) It thus became a question wliether resistance there could be justified, until it was placed, by resumption of the charter, on the same footing as its sister colonies. That it could not, was the opinion which Mr. Galloway undoubtingly held. Lastly, even had Mr. Galloway entertained other views than those which he did, he entered Congress under instructions winch plainly pointed out the course which he was to pursue; and however much politicians may now-a-days debate he right of constituents to instruct a delegate already elected, yet few, we presume, will doubt concerning the duty of a representative chosen for the express purpose of maintaining a particular policy. In view of these facts, it is not very clear how Mr. Galloway could have acted, in Congress, otlierwise than he did ; nor how it rendered him obnoxious to the censure of having "changed sides, not from conviction nor from justifiable mo- "tives." "A man of so great aptitude for the administration of aflTairs, of so "mature a judgment, of so much political experience, of so penetrating sagacity, " of powers of mind that led his fellows in masses, can hardly stand excused "upon the most charitable view of his conduct that is possible." (Sabine's Loyalists, s. v. Galloway.) But, besides these facts, we must further consider that Mr. Galloway, in com- mon with many others " of undoubted patriotism," believed that there was a constitutional mode of redress. For that he was willing to go as far as any man, either in blood or fortune, short of what he believed to be treason. {J. Adams, ii. 388.) That last step his inclinations, his convictions, his "instruc- tions," his obligations, the laws, whie'; he revered and professed to expound, forbade him to take. He dearly loved the land of his birth, but he also dearly I 46 espoused the plan, and drew with me. — It was proposed and debate! a whole day, and carried upon the question, six Colo- nies to five, that it should be resumed and further considered.'-^' — I have in my hand the introductory resolve of Congress in my own writing, \,hieh identically was delivered by me in Congress. — It is indorsed in the hand of Charles Thomi)son, the then and present Secretary to the Congress.f — The introductory resolve is but short, and I will, therefore, for the inf(jrrnation of the Com- mittee, and in vindication of my own reputation, beg leave to read it. I '4.1 ! loved the land of his fathers, and was unwilling to aid in the dismemberment of that great empire which, if it remained intact, would, as he believed, hold the destinies of the. world in its keeping. However mucii Mr. Galloway's course may be criticized or blamed, one thing at least is certain; that he followed it with sincerity, and with ruinous loss to himself. He forfeited the estates which he had acquired by his toil and skill, ho gave up the emoluments of a lucrative practice, he surrendered higli politicU position and prospects, himself and family became exiles, and, away from all the much loved and cherished associations of his youth and his manhood, ended his days in obscurity ajid amongst strangers. In a letter written by his daugh- ter, and mentioned elsewhere in these pages, I find the following lines quoted as applicable to her father's fate: — " Though many an epitaph of thine wrs Ivnown " To grace the cold, commemorating ine, " Thine own remniu?, iu some neglected spot, "Now lie unsung, unheeded, and forgot." Mr. Galloway died in England, in September, 1803.] » [Gordon's History, i. 409.] f ["Among Mr. Duane's papers is found a copy of Dr. Franklin's plan of a union of the colonies, proposed in 1764, with an indorsement that it was oflFered to the Congress on the 28th of September, by Mr. Galloway, seconded and sup- ported by the New York members, but finally rejected and ordered to be left out of the minutes." Memoir of James Duane, of New York. — JJocumentari/ Uialory of New York, iv. 1072. It was not precisely " Dr. Franklin's plan," but differed from it in several par- ticulars. " Franklin's plan," together with the minutes of tlie Albany Congress, are to be found in the Doct. Ilist. New York, ii. 504, &c.] % ,1 46 He reed it as follows: •' Indorse,!, "Mr. J. Galloway's Motion" 28th Sept. 1774." " licsolfcd, " That thin Congress will apply to his Majesty for a redress of grievances, uiuler which his faithful subjects in America hibour, and assure him, that the Colonics hokl in abhorrence the idea of being considered inde]K'ndent communities on the British Government, and most ardently desire the establishment uf a political union, not oidy among themselves, but with the Mother State, upon those princii)les of safety i'ud freedom Avhich arc essential in the (U)ustitution of all i\ o Govennnents, uad par- ticularly that of the British Legislature. And as the Colonies, from their local circumstances, cannot be represented in the Parliament of Great Britain, they will humbly propose to his ^lajesty and his two Uouses of Parliament the following Plan, under which the strenijth of the whole tmidre may he drann together on any emcri/cnoj, the hitercsts of both countries advanced, and the riijhts and liberties of America secured.^'' I beg further to observe, before I read the Plan,* that my great * ["Among nil till) JifTicultics in the way of efFuctive and uuitud actiou in " 1771 — iiiul tlioy wtro l;ir groattT tliiiu the iiicinbiTs of Coiigix'ss were, at the "time, for vci'y obvious reii^ons, willing to luliuit, or than tlio jn'oplu of the pre- '■seut gcnerati(jn, who juilgo only from results, are apt to imagine — no more "alarming one happened than the 'plan of a proposed union between Great "IJrituiu and the Colonies,' presented on the 28th of September, by Mr. Joseph " UuUoway, a delegate from I'enn^ylvania. Himself a gentleman of abilities, of "property, and of extensive inllucuce on the popular side, he seems to have " accepted a seat in this Congress rather for the purpose of ' sitting on tlie skirts " of the American advocates,' than of promoting any valuable end. He prefaced "his formidable motion with a speech, of which the outline is now to be given. " How near he came to success, may be judged, not only from his own account — " which he afterwards gave in a pamphlet— but still more from the extreme " earnestness of his opi>onents to expunge from the record all traces of the pro- "ceedings, and to discredit his statements as those of a renegade and traitor. "Nevertheless, there is no good reason fir doubting his substantial accuracy." — Worhs (if John Adiim.i, ii. 387 (note). It should be observed tliat Mr. Oalloway's statement (unto, p. 42], relieves him from this charge of entering Congress witli a sinister purpo.se.] 47 object was to prevail on the Congress to take the ground of accommodation, and to avoid tliat of arms ; and tberefbre, in forming tlie i)lan, I omitted several things that I thought might obstruct their taking that ground. I do not, therefore, propose it as a perfect plan, nor altogether as a plan of my judgment. Withdrew. Called in again, and proeccds. The reason why the plan was not altogether to my judgment was, because I thought it would admit of some very material addirirms, and not that I disap[)roved of the jdan as far as it went. Reads the Plan, as/olloics: " A PLAN of a proposed UNION between Great Britain and the Colonies of New Hampshire, the ^lassaehuset's Bay, Ehode Island, Couueeticut, New York, New Jersey, Pennsylvania, laryland, the three Lower Counties on the Delaware, Vir- f^mia, Nortli Carolina, South Carolina, and Georgia. " THAT Tv British and American legislature, for regulating the administration of the general aflliirs of America, be pro- posed and established in America, including all the said Colo- nies, within and under which governmeut each Colony shall retain its present constitution, and powers of regulating and governing its own internal police in all cases Avhatever. "That the said Government be administered by a President General to be appointed by the King, and a Grand Council to be chosen by the Representatives of the people of the several Colo- nies in their respective Assemblies, once in every three years. " That the several Assemblies shall chuse Members for the Grand Council in the following proportions, viz. New Ilainpsliire, Connecticut, Massachuset's Bay, New York, Khode Island, New Jersey, h\V '^ili i!: •iS Pennsylvania, Delaware Counties, !Mai\yland, Yiririnia, North Carolina, South Carolina, Georgia. who .sliall meet at the city of for the first lime, Ixin.sf called by the President (Jeneval, as soon as conveniently may be after his appointment. " That there shall be a row election of members for the Gene- ral Council every three year>; and on the death, removal, or resignation of any member, his place shall bo supplied by a new choice at the next sitting of the Assembly of the Colony ho represented. "Tliat the Grand Council shall meet once in every year, if they shall think it necessary, and oftener if occasion shall re- quire, at sueli time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President General, on any emergency. "That the General Council siiall liave powertochu.se their own Speaker, and .shall hold .'md exercise all the like riglitS; liberties, and ju-ivilegcs as are held aiid exorcised by and in the House of Commons of Great Britain. '■ That the Presidi'ut General sliall hold liis ollice during the pleasure of tlio King; and his assent shall be reipiisite to all acts of the Grand Council, anil it sliall be his olhee and duty to cause theni to hv carried into execution. "That llie President Genend, by a'ld with the advice and consent of tlie General 'ouiieil, liuld and exercise all the legis- lative rights, ]>()\\-('rs. und iiuthorities, neces.sary lor regulating and :i>lininisteriiig all the general police and aiVairs of the Colo- nics, in wliicli Great Britain and the Colo.iies, or any of them, the Colonies in general, nr more than one Colony, are in any niiinuer ei)ncerneil, as well civil and criminal as commercial. "That the said President Gt;neral and Grand Council be an m/rrior distinct /irnnch of l/ir llrllish Lrffix/atiire, unitnl and iiicor- /loral'd (C'l/i it fur the aforesaid general purposes, and that any 49 of the said general regulatic-.., may originate, j ;icl be formed and digested, either in the Parliament of Great Britain or in the said Grand Council, and being i)repared, transmitted to the oth'jr for their approbation or dissert ; and that the assent of both shall be requisite to the validity of all such general acts or statutes. " That in time of war, all bills for granting aids to the Crown, prepared by the Grand Council, and approved by the President General, shall be valid, and passed into a law, without the assent of the British Parliament." Under the circumstances of my whole conduet, as well in Congress as out of it, I did not a]iprehend, that I had done any one act that required a pardon; and yet, as I was a member of that Congress, I did apply to the then acting Secretary of the Commissioners, and tendered myself to comply with the procla- mation, by taking the oath of allegiance, and thereupon to receive a pardon *. ^ The plfvn proposed by Mr. Oall.iway gayo the independent faction much unfiasinesH, as they saw it contained tin groat outlines of an union with Great Britain, which were approved of and supported by a considerable majority of the gentlemen of abilities, fortune, and influence, then in Congress , from whence they justly concluded it would be agreeable to the people ai large ; and, should it be adopted, as the ground of reconciliation, their scheme of Independence would *be totally frustrated. Mr. Adims and his pari;, left no means in their power uuessnyed, to prevail on the members of Congress to reject it on the second reading, and lest this step should fail of success, to incense the mob in I'liiladelpliiu against it. At this time, the mui'ls of the lower ranks of people in IMiiladelphia, who were governed in a great degree by Mr. Adams, being prepared for the most violent measures, Mr. Galloway and his friends thought their per- sonal safety depended on not renewing the motion. l?ut this did not satisfy the violent party in Congress. Conscious that it would be approved of by the people at large, if published, and believing that Mr. Galloway would not venture to make it public, they procured a majority, who ordered it, with the introductory motion, to bo erased from their Minutes. However, after the Coiv/ress broke up, i:iuch pains being taken to traduce the conduct of Mr. Gallovay lie thought it neces- sary, at all events, to vindicate his injured character, by '-tating the rights of both countries, upon the ground, and from the argi aicnts lie made use oi' in the Congress. This vind' ation, with the uniform and indefatigable opposition which 7 . '=0 J I'^M 50 Q. What year was it you tendered yourself? A. I tliiuk it was in January, 1777. I was told by Mr, he gave to every violent measure tending to a separation of the Colonies from Great Britain, will appear in two pamphlets, entitled, "A candid Examination of the mutual Claims of Great Britain and the Colonies, with a I'lan of Accommo- dation on constitutional Principles ;" and "A Reply to an Address to the Author of a Pamphlet, entitled, A candid Examiriatiou, &o." Immediately after this Congress was dissolved, Mr. Galloway published his plan in the first mentioned pamphlet, and gave to the people the following account of his conduct. "In order to prevail on the Congress to desert their scheme of Independence, and to pursue those measures for restoring the rights of America ■which carry with them a prospect of success, he proposed a plan of union between the two countries, w'""h would have restored to the Colonists the full enjoyment of their rights. He waited first, with patience, to see whether any scheme of union would be adopted by the Congress, determined to unite with them in any measure which might tend lo a reconciliation ; but he waited in vain. And when he found them bewildered, perpetually changing their ground, taking up princi- ples one di,y, and shifting them the next, he thought it his duty, however little the prospect of success, to speak his sentiments with firmness, and to endeavour to shew to tlain the true line of their duty. And after proving the neccssi/y of a Br PiiEM K aiithorit;/ over ci"ry mcmhrr of the slate, tracing the rights of the Colo- nies to their origin, and thence shewing the neces.-iity of an union with the Mother- State, he introduced the plan with the resolve whii \\ precedes it ; but declared, that he was sensible it was not perfect— tliat knowing the fundamental principles of every system must be first settled, he had, to avoid perplexity, contented him- self with only laying down the great outlines of the union ; and should they be approved, he had several propositions of lesser consc(|uenee to make, in oVder to render the system more complete. The plan being read, and warmly seconded by several gentlemen of the first abilities, it wi-.s referred, for further considera- tion, by a majority of the Colonies. Upon tliis promising aspect of things, he was led to sign tlit l.on-importation ngreenient, ahhouyli he had uniformly ojipoml it." See page 51, 52. [For Franklin's opinions and criticisms upon this plan, see !i Mny 14.) Amongst other things, it is said (Purkel, Jnnuary 21, 1778): "It is "owing to your poisonous inriuencc that Gov. Franklin has talcen part against his "country, and now suffers in disgrace; and that his amiable hidy is brought to "misery and disgrace." The falsity of these charges may be inferred from the letter of the New Jersey Convention, on which was based the resolution i>f Con- gress, June 24, 1770, ordering Gov. Franklin into the custody of Gov. Trumbull; and also from the "affectionate" terms in which Gov. Franklin (an extract from one of whose letters is gi\;cu, ante, p. J) addresses Mr. Galloway.] * [This hulter is thus immortalized in " McFingal:" — "Did you not, in a vilo and shallow way, "Fright our poor Pliilnilulphiiiii, (iulloway, " Vuur Congroii-', when tlio loynl riliiiUl, " Ik'lietl, benitoil, ami bcsi.'ril)blo(l ? " What ropes and halters did you send, "Terril'ic eiiiblciii.s of his end, "Till, li'iist lieM linn;; in nmro tliiin (■ffi.f.'v, " Fled in a fog tlio IrembliMi; refugee ?" rrumhuiri Works, ii. 'J'J. Hartford, 1820.] :' i W i III 1 ;! il M 56 If. * • it.'. Q. Did they come to a resolution, that the keeping a stJinding army in the colonies in time of peace, without the consent of the Legislature of thai colony in which such army is kept, is against law? A. They did. — I remember it. Q. Do you think that is agreeable to law ? A. I have no delicacy in answering that question. — But, as a lawyer, I would wish to consider questions of law before I give an opinion. — I ever made it my i)ractice in matters of much less consequence than the present. Q. Did you in that question vote before you had considered it? A. I imagine not. — I must have considered it in the course of the debate. Q. Have you forgot what you thought of it at that time ; whether you then considered it as a true or a false proposition ? A. I really don't recollect what I thought of it ; and I should wish to consider it before I give my opinion now : was it pro- posed to me out of this Ilouse, with a fee for my advice, I should choose to reconsider it. Q. Whether the ten resolutions come to by the Congress in consequence of a report from the Grand Committee, which they demanded as their indubitable rights and liberties, are not en- tered in the journals as being passed Neviinc Contradiceiitt? A. I don't recollect, at this time, how they were entered; but this I know, that many resolutions of Congress, when they were published, 1 found them entered unanimously, and Nanhic C, \ ' ii 63 A. I did not hear so. Q. Do you remember, in that year, that any great number of poople were forcibly disarmed in tlic province of Pennsylvania? A. I do not particularly recollect when they begun to disarm; but many people were disarmed, before the resolve of Congress by the Convention, and before the declaration of independence. Q. IIow long before ? A, I cannot give a satisftictory answer. Q. Was it in the year 1775 ? A. I do not rcmend.ier whether in the latter end of 1775 or beginning of 177(3— but I rather think in 1775. Q. Were they the greater number of the people that were so disarmed ? A. I rather suspect not ;— they did not disarm those whom they did not suspect ot making use of arms against them. Q. IIow n\any do you think might have been so disarmed? A. I really cannot say what proportion ; I know they called on me for my arms. Q. Do you think that the greatest part of the Pennsylvania militia were compellc u p A. By no means*. Q. Is the province more extensive in that direction than from the Elk to the Delaware ? A. Not iu that straight direction from the Elk to Philadelphia. Q. Had Sir William Howe a strong army with him ? A. I should tliiiik n very strong army, considering the force in opposition to him f. — The force in opposition to him at the battle of Brandy Wine, did not consist of more than 15,000 men, the army and its attendants, including officers and all, save about 1000 militia, for whom they could not procure arms. Q, How many of the King's loyal subjects joined the army of Sir William Ilowe on that march ? A. There were many came into the camp, and returned again to their habitations. — I do not know of any that joined in arms — not onf> — nor was there any invitation for that purpose. — By Sir William Howe's declaration, which is before this Committee, he only reLj^uested the people to stay at home. i * Sir William Howe's march was not in a straight direction from the Elk to Philadelphia, but in ii circuit. — He marched first nearly north about sixty miles to the Schuylkill, then changed his route and passed to Philadelphia, about twenty miles in a course southward of east. — In the first direction, he might have passed an hundred miles farther than he did. t The force of an army does not consist in numbers, so much as in military appointments and discipline. — The British army had tlie best appointments, and Ida composed of veterans, high-spirited jind perfectly disciplined troops. — The Rebel army was not only very badly appointed, but consisted of new raised undis- ciplined troops, commanded, for tiie mo.st part, by officers unskilled in military knowledge. Hence, we find, that the Uritish troops have met with no difficulty in defeating them, however advantageously posted, and whenever they have been nttiickcd. 15ut in the five severnl complete defeats at Long Itlaii'', the White Plains, Quibble Town, Brandy Wine, and German Town, therv was no pursuit after victory. This important part of military policy, so e:isential to final success, was in every instunco omitted ; and the Rebel General, with the assistance of tho Rebel Staten, suffered to collect u id recruit his diminished army, to renew the appointments lost iu battle, and to appear again in force iu the field. Under a conduct so erroneous, what avail superior numbers, discipline, or appointments? Force, however great, is useless unless esertennitti.il the dear lady to ha\e twenty cords of " wood taken olf her estate for lier own use. * * * x- "lie pleased to fiive my most respectful compliments to Miss Oalloway ."mI Col. "I'lalfour It will be impossible to eradicate the deep sense I enter a !i of liis "Inst kind, friendly conduct. Your jwn kindiiess, did it'ixceed it? Kverythiiij;; "will be done, which Mrs. Ciallowiiy wdl direct. The pentlenian I mentioned to "you [his brother, iSuniuel I'otts] will umlcrtake it, if she chooses." Mrs. (ialloway was at one time herself com]ielled to claim the protection of the I'.uthoritics atrainst anticifiated juirsoiial violence. — Col. I^rcnnL, xi. lOfi. In 17I'I, Mr; Oalloway's only ciiild, Kiizabeth, wiio liail married a Mr. Wm. Roberts, visited "Trevo:;e." iShe afterwarils returned to l.nj^land, anil, in a letter written by her iuJanuary, 181 1, to a {rciitlemau in Philadelphia, I find thefollcw- ing glimpse of her father's mode of life in London : " l''ew men, in the course of " a long life, settled inure luisinois for othirs ; and jierliaps, seldom any one gave "so much advice gratis. His niirning-rocm was often crowded with, and sel- "doni empty of, Americans, who received fr<'Ui him his best services in their "ovMi all'uirs," Tlie ', you will find th;it poor Knhcits and Carlisle have "been cruelly nnd ninsi waiil"iily ■■acriliced. Tlu-y were wall' 1 to the paHowH " iK'lilnd the ciirt, with halters round their necks, attended with all ihe apjiaratiis "which make such scenes truly Imrrilile. and by (i e;ii!ird of niiliti!', but with "very few spectators. I'oor ("arli.sle, iiaviiig been very ill iliirinp; las confiuc- " mcnt, wivf> too weak ti say anything: but Mr, Roberts, with the ptrentest cool- " noss inii'frinahle, spoke fur some time; nnd, however t' .: mind shrinks li.ick "and sitartle:^ at the retleciinn of so tra^rical a scene, it is witli pleasure I can " inform yoii, they lintii behaved with the utmost fortitude and composure. After " tlieir execution, their bodies were snIVered to be cnrriod awiiy by their friend.s; "and .Mr. Caiii^le's body wa.s buried in Frieuda' liuryiuggrouiid, attended by " abuvo four tliousimd iiioplc iu procession."] 79 .11' . , and yet I have great doubts, Avhctlicr they did not remain in the same jeopardy I did, as the great object of the rebels, in conliricating estates, was to procure a sum of money, and these gentlemen were men of considerable fortunes. Q. Do you know if Mr. Willing, of Philadelphia, had his pardon from the Congress V' * [Questions like these, standing alone, and disconnected, with bald replies ; neither ([ueries nor answers giving any clue to tlic rcii.'-iinj'lor jiroiiunuding them, might possibly lead to unworthy suspicions concerning one whose integrity, pixtriotisni iiud pul)lic services, have justly commanded the praise and esteem of his oountrynieu. Mr. Willing, as appeurs from a tiibiite to his memory understood to be from the iicn of Mr. Uiuriey [Ridi'(|, exeejit, perhai)s, to mention, that Mr. Willing, who hud read law in the Temple, allhough he pursued the profes- sion of a merchant, was u .lustiee of the Supreme Court, and had occupied a iiy ^ears befdre llie Kevolutiou, having received his 17(J1. As a ,ii.'lp:e, 1 le was jmre an 1 in(clli;re!it ; idnco on tiiat bench lor ma coiiunission in Septcml)er, added to which, he posses.'-ed an anienily of manner which rendered liini pii[nilar with the bur, and attractive in society. " Mr. W illing," says John Adams, "was the most sociable and agreeable man uf all" ( W'orh, ii. 37!t). No doubt his judicial training had an inlhicnce in his conr>e in Congress. Schooled to di.seriminiite between conflicting claims, in Avhich there was oftentimes much show of right on either side; accusto'.ied to apply the grc!it principles of justice mn SB 80 A. I don't know. Q. Dill lie refuse to take it? A. 1 never heard. Withdrew. and equity so as to subserve the best interests of society even at the expense of a present apparent hardship ; this U]iriglit magistrate made a conservative stiitcsman, and thus was slow to yiehl to impulses, whicli, though given by liis own party, were, or might be, as lie tliuught, liasty or premature. As .Mr. Williiig's remaining in the city gave offence to some of "the furious Whigs,"' as one of the political parties is called in a newspaper of tlie day, tiie following extracts are, perhaps, proper to be inserted: — "Mr. Willing and his partner, Mr. Morris, had been, from the beginning of "the war, tlie agents of the Congress for supplying their n.iva! and military "stores. Their disaflection to their sovereign, and their rebellious principles, "were proved by a number of letters, intercepted by your nuble brother; and, "therefore, Mr. Galloway called on Mr. Willing, in 1" ''.adelphia, by your express "oi'der, to take the oaths of allegiance; and altlmugh lie refused, yet he found " so nmcli favor in your sight, as to obtain a couiiternuni'l of that orih'r, and a "dispensation from taking the oatii." — .1 Ihpbi lo tin- OLicrralinnis of [,ieiil.-(lm. Sir WilUaia lluwc, &c. l!y Joseph tialloway, Esij. I'hiladelphia. Reprinted by Enoch Story, 1787, Hu, 'M. " At a critical period of tlie Revolutionary War, when there was great danger "of the dissolution of tlie .\nierican army for want of provisions to keep it " together, a number of patriotic gentlemen (in I'hiladelphia) gave tiieir bonds to " the amount of about two hundred and sixty tliousaiid pounds, payable iu gold " and silver, for procuring them. The provisions were procured. The two highest "subscriptions were those of R(jbert Morris for €10,000, and lUair McClenahani " for XI 0,000. Tlioinas Willing subscribed jCo.OOO."— Ai«(//'a Sat. Maj. (18:;i), i. 45.5. "Mr, Willing, and his associate iu commerce, Robert Morris, as well as his ' Lest, by any chance, this book might liereafter fall into the hands of some ungenerous person, who would be disposed to distort tliis phrase, the extract is here given. It will be seen that it is from a iironiinent Whig journal, and f^uH a Wiiig |ien, "IV. Tni: n luoi sWni(;s injure the cause of liberty as much liy their violence "OS tlie timid Whigs do liy their fears. Tiicy think the destruction of Howe's " anny of less conseiiueuco than the detection and p.inisiimeut of the most iii- "signilicant Tory. Tliey think the common forms of justice should be suspended "towards a Tory criminal, and tiiat a man who only upcuks against our common "defence, should be tomahawked, scalped, and roasted iilivo. liUstly, they ar«i "all Cowards, ni.d skulk under vt<\-{'v of an < llice, or a sickly family, when tliey "arc called to oppose the enemy in the lield. Woe to that State or community "that is guvcrued by this class of mcu.'" — I'enmylcania I'ackel, March IH, 1777. 81 •ew. furious day, the " [couucxionj, Mr. Clynier, wMc all mciiibcis of the Congress of 1770. To tliu "great credit and wcU-knowa patriotism of the house of Willing and Morris, " the country owed its extrication from those trying pecuniary embarrassments " so familiar to the readers of our llevolutionary history. The character of Mr. " Willing was in many respects not unliice that of Washington, and, in the dis- " crction of bis conduct, the fidelity of his professions, and the great influence, " both public and private, which belonged to him, the destined leailcr [Washing- •' ton], was certain to find the elements of an ailinity by whicli they woidd be "united in the closest manner." — ReimbUcan Court, liSG. lie died January 19, 1821, aged cigiity-nine years and thirty days. One otlier matter deserves a brief notice. Tlie ijruccedings of Congress in regard to the Declaration of Independence is a point in our history not so gene- rally understood as it should be. This is, in a gre.it measure, owing to the manner in which the Journal was printed, but also, in part, to tlie fact that the various statements, made after tlie lapse of years more ur less, do not coincide in all their details, an example of which has been heretofore noted (auk, 7). The facts, so far as necessary for the purposes of this note, -eem to have been, that on the 1st of July a majority of the Pennsylvania delegates voted against the llosolution; that subseecliira- tion, tlioiigh one at least, Uobert Morris, had voted against it. The reasons, which, as far as I ch« gather, influenced those of the Pcnnsylvfwaia delegates who voted in the ncpi»tive, appear to have been twofold: 1st, they thought such ii course most in JKXonlancc with the wishes of a majority of their constituents; '_'d, they csKxnu'd the measun> premature and iniinilitic at that time, as likely (and so vt proved) to alienate many warm friends of Anicricau rights, whoso in- flucni'v was •>? great copscriiicnce, Imt who were not as yet prepared to close the »)«-iv«i to all ucgotiations. That tW first reason had more or less foundation in fact may be seen, I think, from Hie instruiti' -IS given by the Assembly to the delegates. Not only were tlu»*« to Mr. Calloway and his colh'agnes (