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Nothing which had been promised being in readiness, he abandoned the enterprise as impracticable. Some time afterward Congress also determined to relinquish it, and Was.h.i.+ngton was authorized to recall both Lafayette and De Kalb.
While the army lay at Valley Forge the Baron Steuben arrived in camp.
This gentleman was a Prussian officer who came to the United States with ample recommendations. He had served many years in the armies of the great Frederick, had been one his aides-de-camp, and had held the rank of lieutenant-general. He was well versed in the system of field exercise which the King of Prussia had introduced, and was qualified to each it to raw troops. He claimed no rank and offered his services as a volunteer. After holding a conference with Congress he proceeded to Valley Forge.
Although the office of inspector-general had been bestowed on Conway, he had never entered on its duties, and his promotion to the rank of major-general had given much umbrage to the brigadiers who had been his seniors. That circ.u.mstance, in addition to the knowledge of his being in a faction hostile to the Commander-in-Chief, rendered his situation in the army so uncomfortable that he withdrew to Yorktown, in Pennsylvania, which was then the seat of Congress. When the expedition to Canada was abandoned he was not directed, with Lafayette and De Kalb, to rejoin the army. Entertaining no hope of being permitted to exercise the functions of his new office, he resigned his commission about the last of April and, some time afterward, returned to France. [6]
On his resignation the Baron Steuben, who had, as a volunteer, performed the duties of inspector-general much to the satisfaction of the Commander-in-Chief and of the army, was, on the recommendation of Was.h.i.+ngton, appointed to that office, with the rank of major-general, without exciting the slightest murmur.
This gentleman was of immense service to the American troops. He established one uniform system of field exercise, and, by his skill and persevering industry, effected important improvements through all ranks of the army during its continuance at Valley Forge.
While it was encamped at that place several matters of great interest engaged the attention of Congress. Among them was the stipulation in the convention of Saratoga for the return of the British army to England.
Boston was named as the place of embarkation. At the time of the capitulation the difficulty of making that port early in the winter was unknown to General Burgoyne. Consequently, as some time must elapse before a sufficient number of vessels for the transportation of his army could be collected, its embarkation might be delayed until the ensuing spring.
On being apprised of this circ.u.mstance, Burgoyne applied to Was.h.i.+ngton, desiring him to change the port of embarkation and to appoint Newport, in Rhode Island, or some other place on the Sound instead of Boston, and, in case this request should not be complied with, soliciting, on account of his health and private business, that the indulgence might be granted to himself and suite. Was.h.i.+ngton, not thinking himself authorized to decide on such an application, transmitted it to Congress, which took no notice of the matter further than to pa.s.s a resolution "That General Was.h.i.+ngton be directed to inform General Burgoyne that Congress will not receive or consider any proposition for indulgence or altering the terms of the convention of Saratoga, unless immediately addressed to their own body." The application was accordingly made to Congress, who readily complied with the request in so far as it respected himself personally, but refused the indulgence to his troops, and ultimately forbade their embarkation.
Congress watched with a jealous eye every movement of the convention army and soon gave public indications of that jealousy. Early in November they ordered General Heath, who commanded in Boston, "to take the name, rank, former place of abode, and description of every person comprehended in the convention of Saratoga, in order that, if afterward found in arms against the United States, they might be punished according to the law of nations." Burgoyne showed some reluctance to the execution of this order, and his reluctance was imputed to no honorable motives.
If the troops had been embarked in the Sound they might have reached Britain early in the winter, where, without any breach of faith, government might have employed them in garrison duty and been enabled to send out a corresponding number of troops in time to take an active part in the next campaign. But if the port of Boston were adhered to as the place of embarkation, the convention troops could not, it was thought, sail before the spring, and, consequently, could not be replaced by the troops whose duties they might perform at home till late in the year 1778. This circ.u.mstance, perhaps, determined Congress to abide by Boston as the port of embarkation, and in this their conduct was free from blame. But, by the injuries mutually inflicted and suffered in the course of the war, the minds of the contending parties were exasperated and filled with suspicion and distrust of each other. Congress placed no reliance on British faith and honor, and, on the subject under consideration, gave clear evidence that on those points they were not over-scrupulous themselves.
On arriving in Boston the British officers found their quarters uncomfortable. This probably arose from the large number of persons to be provided for and the scarcity of rooms, fuel, and provisions, arising from the presence of the whole captured army. But the officers were much dissatisfied, and, after a fruitless correspondence with Heath, Burgoyne addressed himself to Gates and complained of the inconvenient quarters a.s.signed his officers as a breach of the articles of capitulation.
Congress was highly offended at the imputation and considered or affected to consider the charge as made with a view to justify a violation of the convention by his army as soon as they escaped from captivity. A number of transports for carrying off the convention troops was collected in the Sound sooner than was expected, but that number, amounting only to twenty-six, the Americans thought insufficient for transporting such a number of men to Britain in the winter season, and inferred that the intention could only be to carry them to the Delaware and incorporate them with Howe's army. They also alleged that a number of cartouche-boxes and other accoutrements of war belonging to the British army had not been delivered up, agreeably to the convention, and argued that this violation on the part of the British released Congress from its obligations to fulfill the terms of that compact.
On the 8th of January (1778), Congress resolved "to suspend the embarkation of the army till a distinct and explicit ratification of the convention of Saratoga shall be properly notified by the court of Great Britain to Congress." Afterward the embarkation of the troops was delayed or refused for various reasons, and that part of the convention remained unfulfilled. The troops were long detained in Ma.s.sachusetts; they were afterward sent to the back parts of Virginia and none of them were released but by exchange.
Mrs. Was.h.i.+ngton, as usual, visited her ill.u.s.trious consort in his quarters at Valley Forge during the winter. Writing from thence to a friend in Boston, she says: "I came to this place some time about the 1st of February (1778), where I found the General very well. The General's apartment is very small; he has had a log cabin built to dine in, which has made our quarters much more tolerable than they were at first." To those American citizens who are now reaping the rich fruits of Was.h.i.+ngton's toils and sufferings in his country's cause, these few lines are very suggestive. One cannot help contrasting the luxurious habitations of the present generation with that log hut of the Father of his Country at Valley Forge, to which the addition of another log hut to dine in was considered by his consort a very comfortable appendage. We should remember these things.
The effect of the news of Burgoyne's surrender, which reached Europe in the autumn of 1777, could not be otherwise than highly favorable to the cause of American independence. Our envoys in France, Dr. Franklin, Silas Deane, and Arthur Lee had long been soliciting an alliance with France. But the cautious ministers of Louis XVI, although secretly favoring our cause and permitting supplies to be forwarded by Beaumarchais, and the prizes of our s.h.i.+ps to be brought into their ports and sold, had hitherto abstained from openly supporting us, lest our arms should finally prove unsuccessful. But the surrender of a large army to Gates and the firm att.i.tude of Was.h.i.+ngton's army, besieging Howe in Philadelphia, as they had previously besieged him in Boston, gave a new turn to French policy and disposed the ministry of Louis to treat for an alliance with the new republic.
On the other hand, the British court was in a state of utter consternation. The war began to a.s.sume a more portentous aspect, and the British ministry, unable to execute their original purpose, lowered their tone and showed an inclination to treat with the Colonies on any terms which did not imply their entire independence and complete separation from the British empire. In order to terminate the quarrel with America before the actual commencement of hostilities with France, Lord North introduced two bills into the House of Commons. The first declared that Parliament would impose no tax or duty whatever, payable within any of the Colonies of North America, except only such duties as it might be expedient to impose for the purposes of commerce, the net produce of which should always be paid and applied to and for the use of the Colonies in which the same shall be respectively levied, in like manner as other duties collected under the authority of their respective Legislatures are ordinarily paid and applied; the second authorized the appointment of commissioners by the Crown, with power to treat with either the const.i.tuted authorities or with individuals in America, but that no stipulation entered into should have any effect till approved in Parliament. It empowered the commissioners, however, to proclaim a cessation of hostilities in any of the Colonies; to suspend the operation of the Non-intercourse Act; also to suspend, during the continuance of the act, so much of all or any of the acts of Parliament which have pa.s.sed since the 10th day of February, 1763, as relates to the Colonies; to grant pardons to any number or description of persons, and to appoint a governor in any Colony in which his Majesty had heretofore exercised the power of making such appointment. The duration of the act was limited to the 1st day of June, 1779.
These bills pa.s.sed both Houses of Parliament, and as about the time of their introduction ministry received information of the conclusion of the treaty between France and the Colonies, they sent off copies of them to America, even before they had gone through the usual formalities, in order to counteract the effects which the news of the French alliance might produce. Early in March, the Earl of Carlisle, George Johnstone, and William Eden, Esqs., were appointed commissioners for carrying the acts into execution, and the celebrated Dr. Adam Ferguson, then professor of moral philosophy in the University of Edinburgh, was nominated their secretary. The commissioners sailed without delay for America. But the present measure, like every other concession in the course of this protracted contest, came too late. What was now offered would at one time have been hailed in America with acclamations of joy and secured the grateful affection of the Colonists. But circ.u.mstances were now changed. The minds of the people were completely alienated from the parent state and their spirits exasperated by the events of the war.
Independence had been declared, victory had emblazoned the standards of Congress, and a treaty of alliance with France had been concluded.
On the 16th of December (1777) the preliminaries of a treaty between France and America were agreed on, and the treaty itself was signed at Paris on the 6th of February, 1778--an event of which the British ministry got information in little more than forty-eight hours after the signatures were affixed. The princ.i.p.al articles of the treaty were: That if Britain, in consequence of the alliance, should commence hostilities against France, the two countries should mutually a.s.sist each other; that the independence of America should be effectually maintained; that if any part of North America still professing allegiance to the Crown of Britain should be reduced by the Colonies it should belong to the United States; that if France should conquer any of the British West India Islands they should be deemed its property; that the contracting parties should not lay down their arms till the independence of America was formally acknowledged, and that neither of them should conclude a peace without the consent of the other.
Lord North's conciliatory bills reached America before the news of the French treaty and excited in Congress considerable alarm. There were a number of Loyalists in each of the Colonies; many, though not unfriendly to the American cause, had never entered cordially into the quarrel, and the heavy pressure of the war had begun to cool the zeal and exhaust the patience of some who had once been forward in their opposition to Britain. Congress became apprehensive lest a disposition should prevail to accept of the terms proposed by the British government, and the great body of the people be willing to resign the advantages of independence, in order to escape from present calamity.
The bills were referred to a committee, which, after an acute and severe examination, gave in a report well calculated to counteract the effects which it was apprehended the terms offered would produce on the minds of the timid and wavering. They reported as their opinion that it was the aim of those bills to create divisions in the States; and "that they were the sequel of that insidious plan, which, from the days of the Stamp Act down to the present time, hath involved this country in contention and bloodshed; and that, as in other cases, so in this, although circ.u.mstances may at times force them to recede from their un- [missing text]
of the British fleets and armies and the acknowledgment of American independence. At the same time the bills were published, together with the action of Congress on the subject, and dispersed throughout the country. This decisive stand was taken before it was known that a treaty had been concluded with France.
The British commissioners, Carlisle, Johnstone, and Eden, charged with negotiating and reconciliation on the basis of Lord North's bills, did not arrive until (June, 1778) six weeks after drafts of the bills had been published by Governor Tryon and rejected by Congress. On their arrival at New York, Sir Henry Clinton, who had succeeded Howe as Commander-in-Chief, requested a pa.s.sport for Dr. Ferguson, the secretary of the commissioners, to proceed to Yorktown and lay certain papers before Congress.
Was.h.i.+ngton, not deeming the matter within his province, declined until he could have the instruction of Congress, who sustained him in refusing the pa.s.sport. The commissioners, impatient of delay, sent on the papers through the ordinary medium of a flag, addressed to the President of Congress.
The commissioners offered in their letter to consent to an immediate cessation of hostilities by sea and land; to agree that no military force should be kept up in the Colonies without the consent of Congress, and also both to give up the right of taxation and to provide for a representation in Parliament. They promised to sustain and finally pay off the paper money then in circulation. Every inducement short of the recognition of independence was held out to lead the Colonists to return to their allegiance. But if, when relying upon their own strength alone, they had refused to listen to such overtures, they were not likely to do so now that they were a.s.sured of the support of France. By order of Congress the President of that body wrote as follows to the commissioners: "I have received the letter from your Excellencies, dated the 9th instant, with the enclosures, and laid them before Congress.
Nothing but an earnest desire to spare the further effusion of human blood could have induced them to read a paper containing expressions so disrespectful to his Most Christian Majesty, the good and great ally of these States, or to consider propositions so derogatory to the honor of an independent nation. The acts of the British Parliament, the commission from your sovereign, and your letter suppose the people of these States to be subjects of the Crown of Great Britain and are founded on the idea of dependence, which is utterly inadmissible. I am further directed to inform your Excellencies that Congress are inclined to peace, notwithstanding the unjust claims from which this war originated, and the savage manner in which it hath been conducted. They will, therefore, be ready to enter upon the consideration of a treaty of peace and commerce not inconsistent with treaties already subsisting, when the King of Great Britain shall demonstrate a sincere disposition for that purpose. The only solid proof of this disposition will be an explicit acknowledgment of these States or the withdrawing his fleets and armies."
The British commissioners remained several months in the country and made many and various attempts to accomplish the objects of their mission, but without success.
They were compelled to return to England baffled and disappointed.
Thus the Americans, as an eloquent historian suggests, steady in their resolutions, chose rather to trust to their own fortune, which they had already proved, and to the hope they placed in that of France, than to link themselves anew to the tottering destiny of England; abandoning all idea of peace, war became the sole object of their solicitude. Such was the issue of the attempts to effect an accommodation and thus were extinguished the hopes which the negotiation had given birth to in England. It was the misfortune of England to be governed by ministers who were never willing to do justice until they were compelled by main force. Their present concessions, as on all previous occasions, came too late.
We have had frequent occasion to notice the embarra.s.sments and mortifications to which Was.h.i.+ngton was subjected by the interference of Congress in those executive matters which should have been left entirely under his own control. This was particularly injurious to the public service in their conduct with respect to the treatment and exchange of prisoners. Much correspondence on this subject took place between Was.h.i.+ngton and Howe during the winter when the army was at Valley Forge, and whenever the generals were on the eve of arranging an exchange Congress would interfere and prevent it. Was.h.i.+ngton had been compelled, by his sense of justice and humanity, to censure Howe for his treatment of American prisoners. An order hastily given out by the Board of War exposed Was.h.i.+ngton himself, without any fault of his own, to a similar censure from Howe. The circ.u.mstances, as related by Marshall, were these:
"General Was.h.i.+ngton had consented that a quartermaster, with a small escort, should come out of Philadelphia, with clothes and other comforts for the prisoners who were in possession of the United States. He had expressly stipulated for their security, and had given them a pa.s.sport.
While they were traveling through the country, information was given to the Board of War that General Howe had refused to permit provisions to be sent in to the American prisoners in Philadelphia by water. This information was not correct. General Howe had only requested that flags should not be sent up or down the river without previous permission obtained from himself. On this information, however, the board ordered Lieutenant-Colonel Smith immediately to seize the officers, though protected by the pa.s.sport of Was.h.i.+ngton, their horses, carriages, and the provisions destined for the relief to the British prisoners, and to secure them until further orders, either from the Board or from the Commander-in-Chief.
"Was.h.i.+ngton, on hearing this circ.u.mstance, dispatched one of his aids with orders for the immediate release of the persons and property which had been confined; but the officers refused to proceed on their journey, and returned to Philadelphia. [10]
"This untoward event was much regretted by Was.h.i.+ngton. In a letter received some time afterwards, Howe, after expressing his willingness that the American prisoners should be visited by deputy commissaries, who should inspect their situation and supply their wants, required, as the condition on which this indulgence should be granted, 'that a similar permit should be allowed to persons appointed by him, which should be accompanied with the a.s.surance of General Was.h.i.+ngton, that his authority will have sufficient weight to prevent any interruption to their progress, and any insult to their persons.' This demand was ascribed to the treatment to which officers under the protection of his pa.s.sport had already been exposed.
"Was.h.i.+ngton lamented the impediment to the exchange of prisoners, which had hitherto appeared to be insuperable, and made repeated but ineffectual efforts to remove it. Howe had uniformly refused to proceed with any cartel unless his right to claim for all the diseased and infirm, whom he had liberated, should be previously admitted.
"At length, after all hope of inducing him to recede from that high ground had been abandoned, he suddenly relinquished it of his own accord, and acceded completely to the proposition of Was.h.i.+ngton for the meeting of commissioners, in order to settle equitably the number to which he should be ent.i.tled for those he had discharged in the preceding winter. This point being adjusted, commissioners were mutually appointed, who were to meet on the 10th of March (1778), at Germantown, to arrange the details of a general cartel.
"Was.h.i.+ngton had entertained no doubt of his authority to enter into this agreement. On the 4th of March, however, he had the mortification to perceive in a newspaper a resolution of Congress, calling on the several States for the amounts of supplies furnished the prisoners, that they might be adjusted according to the rule of the 10th of December, before the exchange should take place.
"On seeing this embarra.s.sing resolution, Was.h.i.+ngton addressed a letter to Howe, informing him that particular circ.u.mstances had rendered it inconvenient for the American commissioners to attend at the time appointed, and requesting that their meeting should be deferred from the 10th to the 21st of March. The interval was employed in obtaining a repeal of the resolution.
"It would seem probable that the dispositions of Congress, on the subject of an exchange, did not correspond with those of Was.h.i.+ngton.
From the fundamental principle of the military establishment of the United States at its commencement, an exchange of prisoners would necessarily strengthen the British much more than the American army. The war having been carried on by troops raised for short times, aided by militia, the American prisoners, when exchanged, returned to their homes as citizens, while those of the enemy again took the field.
"Was.h.i.+ngton, who was governed by a policy more just, and more permanently beneficial, addressed himself seriously to Congress, urging as well the injury done the public faith and his own personal honor, by this infraction of a solemn engagement, as the cruelty and impolicy of a system which must cut off forever all hopes of an exchange, and render imprisonment as lasting as the war. He represented in strong terms the effect such a measure must have on the troops on whom they should thereafter be compelled chiefly to rely, and its impression on the friends of those already in captivity. These remonstrances produced the desired effect, and the resolutions were repealed. The commissioners met according to the second appointment; but, on examining their powers, it appeared that those given by Was.h.i.+ngton were expressed to be in virtue of the authority vested in him, while those given by Howe contained no such declaration. This omission produced an objection on the part of Congress; but Howe refused to change the language, alleging that he designed the treaty to be of a personal nature, founded on the mutual confidence and honor of the contracting generals, and had no intention either to bind his government or to extend the cartel beyond the limits and duration of his own command.
"This explanation being unsatisfactory to the American commissioners, and Howe persisting in his refusal to make the required alteration in his powers, the negotiation was broken off, and this fair prospect of terminating the distresses of the prisoners on both sides pa.s.sed away without effecting the good it had promised.
"Some time after the failure of this negotiation for a general cartel, Howe proposed that all prisoners actually exchangeable should be sent into the nearest posts, and returns made of officer for officer of equal rank, and soldier for soldier, as far as numbers would admit; and that if a surplus of officers should remain, they should be exchanged for an equivalent in privates.
"On the representations of Was.h.i.+ngton, Congress acceded to this proposition so far as related to the exchange of officer for officer and soldier for soldier, but rejected the part which admitted an equivalent in privates for a surplus of officers, because the officers captured with Burgoyne were exchangeable within the powers of Howe. Under this agreement an exchange took place to a considerable extent; but as the Americans had lost more prisoners than they had taken, unless the army of Burgoyne should be brought into computation, many of their troops were still detained in captivity."
The British army held possession of Philadelphia during the winter and the following spring; but they were watched and checked during the whole time by the Americans. They were not quite so closely besieged as in Boston, but they were quite as effectually prevented from accomplis.h.i.+ng any military purpose. They sent out occasional foraging parties, who were fiercely attacked by Was.h.i.+ngton's detachments, and almost always purchased their supplies with blood. But Howe never made an attack on Was.h.i.+ngton's camp. Doctor Franklin, when he heard in Paris that General Howe had taken Philadelphia, corrected his informant very justly.
"Say, rather," said the acute philosopher, "that Philadelphia has taken General Howe." The capture of Philadelphia, as we have already taken occasion to remark, was perfectly useless--in fact, worse than useless--to the British arms. It only provided winter quarters to an army which would have been more comfortable and secure in New York; and it held them beleaguered at a remote point when their services were greatly needed to aid Burgoyne and save his army from capture. In point of fact, Philadelphia did take Howe; and Was.h.i.+ngton kept him out of the way and fully employed until Burgoyne had fallen, and by his fall had paved the way to the French alliance and to the ruin of the British cause in America.
1. Footnote: The cool contempt expressed in Was.h.i.+ngton's letter to Conway is one of the most curious features of this affair. It reads as follows: "To Brigadier-General Conway: Sir--A letter which I received last night contained the following paragraph: 'In a letter from General Conway to General Gates, he says, "Heaven has determined to save your country, or a weak general and bad counsellors would have ruined it."'
"I am, sir, your humble servant."
2. Footnote: Marshall
3. Footnote: John Hanc.o.c.k, who succeeded Peyton Randolph as president of Congress, retired on the 29th of October, 1777. His successor was Henry Laurens, of South Carolina.
4. Footnote: The correspondence relating to the Conway Cabal is given entire in the Appendix to the fifth volume of Sparks' "Writings of Was.h.i.+ngton." It is very curious and interesting. Among other letters are anonymous ones addressed to Patrick Henry, Governor of Virginia, and to Mr. Laurens, President of Congress, full of slanders against Was.h.i.+ngton.
5. Footnote: Previous to this affair, Captain Lee, in his frequent skirmishes with the enemy, had already captured at least a hundred of their men.
6. Footnote: General Conway, after his resignation, frequently indulged in expressions of extreme hostility to the Commander-in-Chief.
These indiscretions were offensive to the gentlemen of the army. In consequence of them, he was engaged in an altercation with General Caldwalader, which produced a duel, in which Conway received a wound supposed for some time to be mortal. While his recovery was despaired of, he addressed the following letter to General Was.h.i.+ngton:
PHILADELPHIA, July 23d, 1778.