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not be obtained in a public negotiation. Under fome of these, and perhaps other ideas, he endeavoured to commence or renew a private correspondence with feveral members of the Congrefs, and other perfons of confideration; thus, in fact, endeavouring to establish a double fyftem of negotiation; the one oftenfible, with the Congrefs at large; the other unfeen and private, with individuals, whofe influence might not only facilitate, but even in fome degree direct, the proceedings of the former. Some of thefe letters, which have been publifhed, feem rather of an unusual caft, confidering the peculiar circumftances and fituation of the writer. While, as a common friend to both countries, he pathetically lamented their mutual calamities, he feemed no way fparing in his cenfure of the conduct and measures on the fide of government which led to the prefent troubles; nor did he any more fupport the juftice of the original claims fet up by the mother-country, than he did the prudence or policy of endeavouring to enforce them. Upon the whole, he ufed a freedom with the authority under which he acted, not cuftomary with thofe intrufted with delegated power, and afford. ed fuch a degree of approbation to the conduct of the Americans in the paft refiftance which they had made to it, as is feldom granted by negotiators to their opponents. But it was perhaps not ill fitted to confirm that character of neutrality which might have helped him to infinuate himself into the minds of the Americans. [40. 431, 530.]

refpective ftates, and strictly directed the commander in chief, and other officers, to take the most effectual measures for putting a ftop to fo dangerous and criminal a correfpondence. [40. 431.]

However right the principles might be upon which this infinuating fcheme of conciliation was adopted, its effects were rather untoward; and the Congrefs affected to confider it in a very different point of view from that in which it had been wifhed or intended to be placed. The first inftance of this difpofition that appeared, was in a refolution paffed by the Congrefs, about a week after their first communication with the commiffioners. In this, after ftating fimply as a fact, and without any particular direction, that many letters addreffed to individuals of the United States had been lately received through the conveyance of the enemy, and that fome of thefe were found to contain ideas in fidiously calculated to divide and delude the people, they therefore earnestly reCommended to the governments of the

This was followed by a refolution in the beginning of July, That all letters of a public nature, received by any members of Congrefs, from the agents, or other fubjects of the King of Great Bri. tain, fhould be laid before that body [40. 530.]. It need scarcely be doubt. ed, that the contents of thefe objects of inquiry were already well known: but this meafure afforded a fanction to the difclosure of private and confidential cor. refpondence; which was indeed neceffary to leffen its odium, and at the same time held out authorifed ground to the Congrefs whereon to found their intended fuperftructure. Several letters being accordingly laid before them, a paffage in one from Gov. Johnftone to Gen. Jofeph Reed, and in another from that gentleman to Mr Morris, together with an account given by Gen. Reed, of a verbal meffage or propofal delivered to him by a lady, afforded an opportunity to Congrefs for entering into thofe violent meafures, by which they interdi&t. ed all intercourfe and correfpondence with Mr Johnstone.

The first of these exceptionable paffages went no farther than a fort of general propofition, That the man who could be inftrumental in reftoring harmony between both countries, would deferve more from all the parties concerned in or affected by the quarrel and reconciliation, "than ever yet was bestowed on humankind."- The fecond, in the letter to Mr Morris, was more particular, After a complimentary declaration, of believing the men who conducted the affairs of America incapable of being influenced by improper motives, it, however, proceeds upon the subject of the negotiation, in the following terms: "But in all fuch tranfactions there is risk; and I think that whoever ventures fhould be fecured, at the fame time that honour and emolument fhould naturally follow the fortune of thofe who have fteered the veffel in the ftorm, and brought her fafely to port. I think that Washington and the Prefident have a right to every favour that grateful nations can beftow, if they could once more unite our interefts, and fpare the miferies and devastations of war,"

But

But the tranfaction in which the lady was concerned afforded the principal ground for that indignation and refentment expreffed by the Congrefs. This matter, as ftated by Gen. Reed, went to a propofal of engaging the intereft of that gentleman in promoting the object of the commiffion, viz. a reunion between the two countries; in which event he fhould receive an acknowledgement from government of ten thousand pounds Sterling; together with any office in his Majefty's gift in the colonies. To which Mr Reed, finding (as he fays) that an anfwer was expected, replied, That "he was not worth purchafing; but fuch as he was, the King of G. Britain was not rich enough to do it." [40. 534.;-41.718.] The Congrefs iffued a declaration, Aug. 11. 1778, including three refolutions upon the fubject, which they fent by a flag to the British commiffioners at New York. The declaratory part contained a recital at length of thofe paffages in the letters which we have taken notice of, together with the particulars of the converfation which had paffed between Mrs Ferguffon, the lady in queftion, and Gen. Reed. By the refolutions they determine, That the contents of the faid paragraphs, and the particulars in Reed's declaration, cannot but be confidered as direct attempts to corrupt and bribe the Congrefs of the United States of America: That as they feel, so they ought to demonftrate, the highest and most pointed indignation against such daring and atrocious attempts to corrupt their jintegrity and, "That it is incompatible with the honour of Congress to hold any manner of correfpondence or intercourfe with the faid George Johnstone, Efq; especially to negotiate with him upon affairs in which the caufe of liberty and virtue is interested." [40. 535.]

Thefe proceedings drew out an exceedingly angry and vehement declaration from the gentleman in queftion; in which, whatever fufficient caufe he had for indignation and refentment, the immediate operations of passion were, perhaps, rather too apparent. Thofe perfons, and that body, which were lately held up as examples of virtue and patriotifm to all mankind, and whofe names feemed to be equalled with the most celebrated in antiquity, were now, not only found to be deftitute of every virtue under heaven, but were directly charged with being the betrayers and destroyers

of their country; with acting directly contrary to the fenfe and opinion of the people in general, and of facrificing their deareft interefts to the most unworthy and base motives; and with deluding their unhappy conftituents, and leading them blindfold to irretrievable ruin. After charging the Congrefs with forgetting every principle of virtue and liberty, it creates no furprise that he declares himfelf indifferent as to their good opinion; nor that their refolution was fo far from being a matter of offence to him, that he rather confidered it as a mark of distinction. With refpect to the facts or charges ftated by the Congrefs, they are neither abfolutely denied, nor acknowledged, by Mr Johnstone in this piece. He confe quently does not enter into any juftification of his own conduct; but declares a refervation to himself of the liberty, if he fhould think proper, of publishing, before he left America, fuch a juftification, against the afperfions thrown on his character, He alfo feems indirectly to deny the charge, by attributing the refolutions to the malice and treachery of the Congrefs, who intended them only for the purposes of inflaming their wretched conftituents to endure all the calamities of war, and as a means for continuing their delufion, thereby to fruftrate all the good effects intended by the commiffion for the restoration of tranquillity. to defeat their purposes in this respect, he declared, that he should for the future decline acting as a commiffioner, or taking the smallest share in any business, whether of negotiation or other, in which the Congrefs fhould be any way concerned. It may not be unneceffary here to obferve, that this gentleman afterwards abfolutely disowned the particular transaction with Mr Reed. [40. 535, 604.]

But

The tone of this publication accorded but badly with the high and flattering eulogiums which this gentleman had fo lately beftowed on the Americans, in thofe very letters which were the subjec of the prefent conteft. In one of these, to Mr Dana, is the following remarkable paffage. "If you follow the example of Britain in the hour of her pride, infolence, and madnefs, and refufe to hear us, I ftill expect, fince I am here, to have the privilege of coming among you, and feeing the country; as there are many men, whofe virtues I admire above Greek and Roman names, that I should be glad to tell my children about." The Tame

requeft,

request, in equivalent terms, appears in a letter to Mr Laurens, the prefident; and in that to Gen. Reed, among other not diffimilar expreffions, are the follow ing: "Your pen and your fword have both been ufed with glory and advantage in vindicating the rights of mankind, and of that community of which you was a part. Such a conduct, as the first and fuperior of all human duties, must ever command my warmeft friendship and veneration."

This piece from the Congrefs alfo drew out a declaration in answer from the other commiffioners, viz. Lord Carlisle, Sir Henry Clinton, and Mr Eden; which went to a total and folemn difavowal, fo far as related to the prefent fubject, of their having had any knowledge, directly or indirectly, of those matters specified by the Congrefs. They, however, took care at the fame time to guard effectually against any inference that might from thence be drawn, of their implying any affent to the conftruction put upon private correfpondence by the Congrefs, or of their intimating thereby a belief, that any perfon could have been authorifed to hold the converfation ftated by that body. With refpect to the charges and refolutions, fo far as they related merely to their late brother-commiffioner, they did not think it neceffary, they said, to enter into any explanation of the conduct of a gentleman whofe abilities and integrity did not require their vindication. They, however, gave a teftimony from their own knowledge to the liberality of his general fentiments, and the fair and equitable principles upon which he had wished to restore the harmony, and to establish the union between the mothercountry and the colonies, on terms mutually beneficial. [40. 607.]

But the great objects of this declaration, as well as of that iffued by Gov. Johnftone, and of other former and fubfequent publications, were to defeat the effect of the French treaties, to controvert the authority of the Congrefs, with refpect to its acceptance or confirmation of them, and to render the conduct of that body fufpicious or odious to the people. For these purposes, having firft laid it down as an uncontrovertible fact, that an alliance with France was totally contrary to the interefts of America, and muft in its effects prove utterly fubverfive, both of her civil and religious rights, they then proceeded to demonstrate, that

the was not bound in honour, nor tied down by any principle of public faith, te adhere to thofe treaties. In support of this doctrine, they endeavoured to eftablifh as proof, that the French conceffions owed their origin entirely to the conciliatory propofitions of Great Britain: for that being well aware of the returning union, felicity, and strength, which the lenient conduct of the crown and parliament would immediately introduce throughout the British empire, the court of Verfailles, merely with a view of prolonging the troubles, and of rendering the colonies inftruments to Gallic ambition and perfidy, fuddenly complied with thofe conditions, and figned those treaties, which fhe had before conftantly and difdainfully rejected.

They then proceeded to examine the validity of that fanction which those treaties were fuppofed to derive from the confirmation which they had fince received in America; and endeavoured much to establish, as a general doctrine and opinion, that the Congrefs had far exceeded their powers, both in that respect, and in their laying down unreafonable and inadmiffible preliminaries, as an infuperable bar to their own proposed negotiation, and to defeat, without hearing or deliberation, all the amicable purposes of their miffion. They infifted, that the Congrefs were not authorised or warranted, by their own immediate conftitution, to take such decifive measures, and finally to pronounce upon questions of fuch infinite and lafting importance, without recurring to the general fenfe of the people, and receiving the opinion and instructions of their conftituents, after a full and open difcuffion of the different fubjects in their respective assemblies.

Upon this ground they pointed all their artillery directly against the Congrefs, whom they charged with betraying the truft repofed in them by their constituents, with acting contrary to the general fenfe of the people, and with facrificing their interefts and fafety, to their own ambitious views and interested defigns. Indeed, however strange it may appear, there feems no doubt, that, notwithstanding the repeated trials which the long-continued, various, and extenfive operations of the war, had feemed to afford, of the difpofition of the people in fo many colonies, the commiffioners themselves were fully perfuaded, that a vaft majority of them were firmly attach

cd

ed to the British government, and totally adverse to the rebellion. It is, how ever, to be confidered, that all the infor. mation they could receive on the subject, was through the medium of men whose minds were violently heated by their fufferings, their loffes, their hopes, their loyalty, and undoubtedly, in many inftances, by their private and party animofities.

The Congrefs, and those who wrote in their defence, and apparently with authority, controverted these pofitions, the inferences drawn from them, and the facts they were founded on. They firft attacked the pofition which would naturally operate with moft force upon the minds and opinions of men, viz. that the conclufion of the French treaties was entirely owing to the conciliatory propofitions held out by the British parliament. This they afferted to be contradicted by facts and dates; and this point was ftrong ly urged by the American popular writers, particularly Mr Drayton [40.478.], and the author of a celebrated publication, intitled, from the fignature, Common Senfe [38.289.], who with great induftry pointed out to the public, the defective nefs, incoherence, or contradiction, of the evidence. But, not fatisfied with apparently gaining this point, they undertook to prove the direct reverfe of the propofition, and pretended to fhew, that the British conceffions, inftead of being the cause, were the immediate effect, of the French negotiation and treaties. It was fhrewdly obferved in one of these publications, that the commiffioners, who now totally denied that the Congrefs had any power or authority to conclude the French treaties, had themfelves propofed to enter into a treaty with that wery body; and that the uncommon chagrin and difappointment which they openly a vowed upon meeting with a refusal, was a fufficient teftimony, how fully they were fatisfied of its competence to that purpose.

In refuting what they afferted as errors of fact on the part of the commiffioners, fome of thefe writers did not fcruple to avail themselves of the fame inftrument, and afferted things which were not true, or which are at least highly improbable; particularly, that to bribe the acquiefcence of France in the ruin of America, that power was offered a ceffion of fome confiderable part of our Eaft-India poffeffions; and the fame pri

vileges and advantages on the coaft of Africa which were enjoyed by the subjects of England.

Although the commiffioners did not expect, that the facts or arguments stated in their declarations would produce any ferviceable effect in the conduct of the Congrefs, it was still hoped, that they would have operated powerfully upon the people at large. This fource of hope, being alfo at length exhausted, and the commiffioners convinced by experience, that the defign of detaching any particular province, or large collective body of the people, fo far from the general union as to enter into a private or feparate negotiation, was as fruitless as the attempt of opening a treaty with the Congress in the name of the whole had already proved ineffectual, they determined totally to change their mode of conduct, and to denounce hoftility and deftruction, in their moft terrific forms, to thofe who had rejected conciliation and friendship.' The operations of terror might poffibly produce those effects which the fmooth language of peace was found incapable of attaining; or, if the lots of America was inevitable, it was determined to render it of as little value to its present and future poffeffors as poffible.

The partifans of the predatory scheme in England, from whom this idea feems to be taken, afferted, that the nature of the country exposed it more to the ravage of fuch a war as was intended or threatened, than perhaps any other upon the face of the globe. Its vaft line of feacoaft was indefenfible by any poffible means, against the efforts of a fuperior marine, accompanied by fuch a moderate land-force as would be neceffary for the purposes of a defultory and exterminating war; and thofe numberless navigable creeks and rivers, which had in happier days conveyed commerce to every door, and spread plenty, independence, and induftry, through every cottage, now afforded equal means and facility for the carrying of fudden and inevitable deftruction home to the most fequeftered fire-fide. The impracticability of evading the dangers arising from fituation was farther increased by that mode of living in small, open, scattered towns and villages, which the nature and original circumftances of the country had prefcribed to the inhabitants.

The commiffioners accordingly, O&. 3. 1778, iffued and published that fignal valedictory

valedictory manifefto and proclamation a connection contrived for her ruin, and [40. 607.] which has fince been an ob- for the aggrandifement of France. ject of fo much difcuffion at home and abroad, and which has afforded a fubject that was no lefs agitated in both Houfes of the British parliament [40. 669, 672.], than in the American Congrefs.

In that piece they entered into a long recapitulation of facts and arguments, which had been generally ftated in former declarations, relative to the French treaties, the conduct and views of the Congress, their criminal obstinacy in rejecting all proposals of accommodation, and their total incompetency, whether with refpect to the conclufion of treaties on the one hand, or to their rejection on the other. With an enumeration of their own repeated endeavours for the reftora tion of tranquillity and happinefs to the people, and a review of the great advantages held out by the equitable and conciliatory propofitions which they had made, they announce their intention of fpeedily returning to England, as, under the circumftances of treatment and rejection which they had experienced, their longer ftay in America would be as inconfiftent with their own dignity, as with that of the authority which they reprefented. They, however, held out during the remainder of their stay, the fame favourable conditions, and should ftill retain the fame conciliatory difpofition and fentiments, which they had hitherto propofed or manifefted.

The commiffioners then thought it ne ceffary to inform and warn the people, of the total and material change which was to take place, in the whole nature and future conduct of the war, if they fhould ftill perfevere in their obftinacy; more efpecially as that was founded upon the pretended alliance with France. Upon this fubject they expreffed themfelves as follows: "The policy as well as the benevolence of Great Britain had hitherto checked the extremes of war, when they tended to diftrefs a people, ftill confidered as fellow fubjects, and to defolate a country, fhortly to become again a fource of mutual advantage; but when that country profeffes the unnatural de- ́ fign, not only of eftranging herself from us, but of mortgaging hertelf and her refources to our enemies, the whole conteft is changed; and the queftion is, How far Great Britain may, by every means in her power, deftroy, or render ufelefs,

Under fuch circumstances, the laws of felf-prefervation must direct the conduct of Great Britain; and if the British colonies are to become an acceffion to France, will direct her to render that acceffion of as little avail as poffible to her enemy."

The first act of the Congrefs in confequence of this manifesto, was a cautionary declaration or notice to the public, Oct. 10. ftating, that as there was every reafon to expect, that their unnatural enemies, defpairing of being able to enflave and fubdue them by open force, would, as the laft effort, ravage, burn, and deftroy, every city and town on that continent, which they could come at; they therefore ftrongly recommended to all thofe people who lived in places expofed to their ravages, immediately to build buts, at the distance of at least thirty miles from their prefent habitations, whither they were to convey their wives, children, cattle, and effects, with all who were incapable of bearing arms, on the firft alarm of the enemy.

So far the policy of the measure was prudent and juftifiable; but the following claufe of this public inftrument, however coloured by a difplay of humanity, confined merely to terms, towards its conclulion, or even covered under the pretence of being intended only to operate in terrorem, can scarcely efcape condemnation, as being exceedingly reprehenfible and unjuft in its principle. The refolution is couched in the following words, viz. "That immediately when the enemy begin to burn or destroy any town, it be recommended to the people of thefe ftates, to fet fire to, ravage, burn, and deftroy, the houses and properties of all Tories, and en mies to the freedom and independence of America, and fecure the perfons of fuch, fo as to prevent them from affifting the enemy; always taking care not to treat them, or their families, with any wanton cruelties, as we do not wifh, in this particular, to copy after our enemies, or their German, negro, and copper-coloured allies." [40.653.]

This was followed, in about three weeks, by a counter manifefto on the part of the Congress, filled with bitternefs and acrimony. In this they boaft, that fince they could not prevent, they ftrove at least to alleviate, the calamities of war; had ftudied to fpare thofe who

were

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