Memoirs of Aaron Burr, Volume 2.

M >> Matthew L. Davis >> Memoirs of Aaron Burr, Volume 2.

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"The person to whom I alluded in my last letter is the woman whom I
mentioned to you last fall as so truly enterprising. She has brought
three messages through the winter. From her I have this much further
to assure you, that great preparations are making at Pittsburgh for
the reception of troops.

"The friends of government all agree that they will be content to risk
for ever every future hope and prospect of being restored to their
estates, provided Great Britain will but secure her own authority
fully before any terms are listened to; and, when that is acknowledged
and established, then grant terms as liberal as she pleases,
consistent with good government and future security."

_Bishop Inglis_, 3d September, 1779, says--"General Tryon made two or
three descents on the coast of Connecticut, and burnt the towns of
Fairfield and Norwalk. He was accompanied by a large body of refugees,
who were extremely useful, and behaved with a resolution and
intrepidity which did them great honour. Had the descents on
Connecticut _been longer continued and carried on more extensively,
the most salutary consequences might be apprehended_.

"The delusive notion of treating with Congress, I find, still prevails
in some degree among you. Yet nothing could be more destructive to the
interest of government. Treating with them would be confirming their
usurpation. The loyalists, universally dread this above all things.
However they may differ in opinion on other points, they are unanimous
and united in this; and where so many are perfectly agreed in a matter
which is level to all understandings, it must be the evident dictate
of truth and reason."

_Isaac Ogden_, 20th September, 1779, says--"You may well ask what we
are doing here. Our army is now (including the garrison from Rhode
Island) at least twenty-four thousand men, a number sufficient to
march through the whole continent; but what do numbers avail when they
are cooped up in this dastardly manner? A want of knowledge of the
country, a want of enterprise, or a want of something else, God only
knows what, has prevented any and every attempt to interfere with the
enemy. It is not a want of sufficient force, neither is it because it
was impracticable. These are facts that the warmest of the rebels
acknowledge. Their force is really despicable when compared to the
army here. How is General Vaughan? I sincerely wish to see him at the
head of the army here, as he is the only general that has been here
that would listen to the advice of the American loyalists."

_Bishop Inglis_, 6th of November, 1779, says--"We have now within our
lines upward of twenty-six thousand effective men, as I have been
informed. Such a force, if led out and exerted with judgment and
spirit, could not be resisted by the rebels--it must bear down all
opposition. It is reported that Sir Henry Clinton is appointed sole
commissioner, with authority to choose five assistants as a counsel,
and that he is vested with power to treat with Congress, &c. It may be
very proper to have a commissioner here, vested with extensive powers;
but as to any hopes of treating with Congress about an accommodation,
be assured they are visionary. Congress have done enough to dissipate
all such fond expectations, unless their independence is acknowledged;
and I should be heartily sorry if a measure so dishonourable to the
nation, as treating with the Congress in any respect, were adopted.
Insult and obstinacy is all that can be expected from them.

"With respect to the rebellion, I am clearly of opinion that it daily
declines. Washington is the man to whom the army look for redress and
support. He is _now_ in America what Monk was in England in 1659. I
wish I could say in every respect. Were he equally disposed, he might
effect as sudden and total a revolution, here as honest George Monk
did then in England."

_Isaac Ogden_, 16th December, 1779, says--"There is an anecdote of
General Grey that I have lately heard and believe to be true, though
the fact cannot now be fully ascertained. Just before the battle of
Brandywine, an officer was despatched home by General Howe. General
Grey undertook to give him his instructions how to demean himself on
his arrival in London, &c. A copy of these instructions was found by a
countryman, and delivered to Joe Shippen (Secretary _Joe_,) who now
has them in Philadelphia. A gentleman here has seen them. As he
related them to me, you have them. 'You will first go to Lord George
Germain; he will ask you such and such question; you will answer them
_so and so_. You will then be sent to Lord North, who will ask you
these questions; you will thus answer them. You will then be sent to
the king, who will also ask you, &c.; you are also to give him these
answers. You will then be examined by the queen. She is a sensible
woman. You must answer with caution, but, of all things, be careful
that you say nothing that will condemn the conduct of General Howe.'
Some pains are taken to procure this paper from Mr. Shippen; if it can
be obtained, you will have it."

_David Ogden_, 3d December, 1779, says--"What gives me great concern
is the fear of a dishonourable peace being made with the rebels. My
fears arise from what I am told many of the officers in the army give
out that America can never be conquered; and the sooner it is given
up, and independence admitted by the crown and parliament, the better
for Great Britain; and I am also informed that they have wrote to that
purpose to their friends in England. What effect this may have on your
side of the Atlantic, backed by the anti-ministerial party with you,
enemies to monarchy and the great supporters of the rebellion in
America, time must show; but I am persuaded that the present ministers
will never give the least countenance to the independence of America.
The laying the country waste has been called cruelty by the favourers
of the rebellion, and said to be below the character of Britons; but
in cases of rebellion, it has always, by the most civilized nations,
been held justifiable, and no history affords an instance of calling
it cruelty. The great mercy shown the rebels since the commencement of
the rebellion is esteemed to be the greatest cruelty, as the lives of
many thousands would have been preserved by a vigorous, exertion of
the king's troops to distress the rebels wherever they marched, having
a strict regard not to injure the loyalists."

_Daniel Cox_, 7th December, 1779, says--"Should you see Joe Reed's
late speech to the assembly of Pennsylvania, you would imagine they
felt no shock from the Georgia defeat. [5]

If but common means are actively employed and properly conducted, the
rebellion must be crushed totally next campaign. I doubt not every
effort in the power of Congress, both abroad and at home, will be made
to carry themselves through another year; but, if you are successful
at home, they must go to the devil. For God's sake, therefore, do not
be frightened nor give us up; all must go right if You are but firm."

Reference has already been made to General Arnold's treason during the
summer of 1780.[6]

From the private correspondence of Mr. Galloway, it appears, that as
early as the autumn of 1778 Arnold was considered by the refugees as
"_lenient_," if not friendly to them, and in this light was
represented to the British ministry.

_Charles Stewart_, under date of the 17th December, 1778,
says--"General Arnold is in Philadelphia. It is said that he will be
discharged, being thought a _pert tory_. Certain it is that he
associates mostly with those people, and is to be married to Miss
Shippen, daughter of Edward Shippen, Esq."

_David Sproat_, 11th January, 1779, says--"You will also hear that
General Arnold, commandant in Philadelphia, has behaved with lenity to
the tories, and that he is on the eve of marriage to one of Edward
Shippen's daughters."

_James Humphreys, Jun_. (printer), 8th of April, 1779, says--"General
Arnold has been accused by the council of sundry misdemeanors. He has
insisted upon a trial by a court martial, and was triumphantly
acquitted. The Congress, however, have thought proper to remove him
from his command in the city of Philadelphia, he being of too lenient
a disposition to answer their cruel purposes."

This correspondence also develops the conflicting views which were
taken by the tories as to the operations of the British army. So far
as it had any influence, it was calculated to embarrass the ministry.
Only two very short extracts will be given on this subject. The
dividing point between the northern and the southern tories was
whether the main army should take possession of Hudson's river, or the
isthmus between Newcastle and Chesapeake Bay.

_Bishop Inglis_, May 14th, 1779, says--"I am still of opinion that
taking possession of Hudson's river should be the first object. When
that is done, which will effectually divide the rebel forces,
circumstances should determine whether our operations should be
directed eastward or westward."

_John Potts_, December 17th, 1778, says--"If government means to
pursue this matter, she must spare men enough to take possession of
the isthmus between Newcastle and Chesapeake Bay, and, by clearing
that country of rebels, procure sufficient provision and forage for
the whole British force in America. That country can also supply the
fleet with a great quantity of naval stores. The whole trade of
Maryland and Pennsylvania will be destroyed, and a great part of
Virginia. The interior of that peninsula is better disposed towards
the British government than any other country in the middle colonies.
If possession of Rhode Island and this place (New-York) is retained,
and that post taken, America has no access to sea from any
intermediate port but Egg Harbour, which will then be scarcely an
object. This is your plan, excepting the possession of Philadelphia
and Bordentown, and, as the troops would not be dispersed too much,
would, for that reason, be more eligible."

During the winter of 1778--79, the tories had it in contemplation to
establish a regular corps for the purpose of plundering the whigs.
About this period Colonel Burr took command of the lines in
Westchester. His opinion of this system of warfare is expressed in a
letter to General McDougall from which the following is
extracted--"Colonel Littlefield, with the party, returned this
morning. Notwithstanding the cautions I gave, and notwithstanding
Colonel Littlefield's good intentions, I blush to tell you that the
party returned loaded with plunder. Sir, till now I never wished for
arbitrary power. I could gibbet half a dozen _good_ whigs with all the
venom of an inveterate tory." [7]

Let the reader compare the above _whig_ sentiment with the following
_tory_ arrangement:--

_Christopher Sower_, 1st March, 1779, says--"An association is signing
here (New-York), according to which the loyalists are to form
themselves into companies of fifty men each; choose their own
officers; to have the _disposal_ of all prisoners by them taken; to
make excursions against the rebels, plunder them, sell the spoil,
appoint an agent to receive the money, and to divide it among them in
equal shares." [8]

In the autumn of 1779 the refugees in New-York formed a board of
delegates from the several provinces. In reference to it, _Daniel
Cox_, December 7th, 1779, says--"I have lately brought about a general
representation of all the refugees from the respective colonies, which
now compose a board, called the board of refugees, and of which I have
the honour at present to be president. We vote by colonies, and
conduct our debates in quite a parliamentary style."

_Christopher Sower_, the 5th of December, 1779, says--"The deputies of
the refugees from the different provinces meet once a week. Daniel
Cox, Esq., was appointed to the chair, to deprive him of the
opportunity of speaking, as he has the gift of saying little with many
words."

Only one more extract will be given from the correspondence of Mr.
Galloway, and that relates to the doings of this board of refugees.
Among their labours, the manner of bringing the war to a speedy
termination, and the formation of a constitution for the British
provinces, engrossed their attention. No comments will be made on the
plan; but it will not be found unworthy a careful perusal. Although
presented as the individual suggestion of Mr. Ogden, it is evident,
from other portions of the correspondence, that it was not unadvised,
and, to the American reader, is now an amusing document.

_David Ogden_, 3d December, 1779, says--"When America submits to the
crown of Great Britain, which I take as a matter certain, and will
soon happen if proper measures are not neglected--pray, will not a
constitution and government, in a manner something similar to the
following, be most for the honour, security, peace, and interest of
Great Britain, and also for the happiness and safety of America, and
most compatible to the spirit and genius of both?

"That the right of taxation of America by the British parliament be
given up. That the several colonies be restored to their former
constitutions and forms of government, except in the instances after
mentioned. That each colony have a governor and council appointed by
the crown, and a house of representatives to be elected by the
freeholders, inhabitants of the several counties, not more than forty
nor less than thirty for a colony, who shall have power to make all
necessary laws for the internal government and benefit of each
respective colony that are not repugnant or contradictory to the laws
of Great Britain, or the laws of the American parliament, made and
enacted to be in force in the colonies for the government, utility,
and safety of the whole. That an American parliament be established
for all the English colonies on the continent, to consist of a lord
lieutenant, barons (to be created for that purpose), not to exceed, at
present, more than twelve, nor less than eight from each colony, to be
appointed by his majesty out of the freeholders, inhabitants of each
colony; a house of commons, not to exceed twelve nor less than eight,
from each colony, to be elected by the respective houses of
representatives for each colony, which parliament, so constituted, to
be three branches of legislature of the northern colonies, and to be
styled and called the Lord Lieutenant, the Lords, and Commons of the
British Colonies in North America. That they have the power of
enacting laws, in all cases whatsoever, for the general good, benefit,
and security of the colonies, and for their mutual safety, both
defensive and offensive, against the king's enemies, rebels, &c.;
proportioning the taxes to be raised in such cases by each colony. The
mode for raising the same to be enacted by the general assembly of
each colony, which, if refused or neglected, be directed and
prescribed by the North American parliament, with power to levy the
same. That the laws of the American parliament shall be in force till
repealed by his majesty in council; and the laws of the several
legislatures of the respective colonies to be in force till the same
be repealed by his majesty, or made void by an act and law of the
American parliament. That the American parliament have the
superintendence and government of the several colleges in North
America, most of which have been the grand nurseries of the late
rebellion, instilling into the tender minds of youth principles
favourable to republican, and against a monarchical government, and
other doctrines incompatible to the British constitution.

"A constitution and government something similar to the above, I am
convinced, from the knowledge I have of the temper and spirit of the
inhabitants of the colonies, will be most acceptable to them in
general (it being what they wish for), and will also be conducive to
establish a continued and lasting peace and harmony between Great
Britain and the colonies. The Congress, no doubt, as it will deprive
them of their power, will oppose the same by every artifice, as well
as every other plan of accommodation that will lessen their grandeur
and consequence. I am therefore persuaded that the Congress had best
be altogether disregarded in any overtures of accommodation to be made
or proposed, and all treaties with them absolutely refused, either
directly with them, or indirectly through the courts of France and
Spain, as men void of faith, or even common justice--deceivers of the
people, and enemies to the public weal and happiness of mankind. And
to facilitate a submission instead of a treaty, proceed with the army
against the rebels with vigour and spirit, and issue a proclamation
containing a constitution for North America, and a pardon to all who
lay down their arms and take the oath of allegiance to his majesty and
his government, _excepting_, as necessary examples of justice,

"_First_. The several members of the Continental Congress who have
been elected and served as members thereof since the declaration of
Independence.

"_Second_. All governors, presidents of the supreme executive councils
or of other councils, or of any of the colonies, acting under the
Congress, or any new and usurped form of government.

"_Third_. All those who have been by his majesty appointed of his
council in any of the colonies, and since taken an active part in the
civil or military department under the Congress or under any
establishment of the rebel government.

"_Fourth_. All judges who have, since the rebellion, passed sentence
of death against any of his majesty's liege subjects, for any supposed
or real crime, committed or pretended to be committed against any law
enacted or made by the Congress, or by any of the usurped or pretended
legislatures of the colonies, making the fact or facts criminal for
which he, she, or they were condemned to suffer death.

"_Fifth_. All commissaries and others who have seized and sold the
estates of any of his majesty's liege subjects, under any pretence
whatsoever, unless it was done by the consent and orders of the
rightful owner, leaving all such to the mercy of his majesty, to be
granted to those only whose conduct merits mercy, and hold up the same
in the proclamation, if any should issue.

"Will it not be proper as well as just to have the estates of the
rebels who are gone out of the king's lines among the rebels
forfeited, confiscated, and sold by commissioners to be appointed for
that purpose, and the moneys arising on the sales to be applied to the
use of the refugees, to compensate for their sufferings by the rebels
in ease of the parliamentary donations? Will not the perfidy of France
and Spain justify Great Britain in proposing and entering into an
alliance with the courts of Russia, Prussia, and other powers, to
unite against France and Spain, the common disturbers of public
tranquillity; take and divide among them all their islands in the West
Indies?"

Footnotes:

1. Lord North.

2. General Vaughan.

3. Sir Henry Clinton.

4. The Hon. Joseph Reed, whom the British attempted to bribe through
the agency of Mrs. Ferguson.

5. Referring to the discomfiture at Savannah of the combined forces of
France and the United States; the former under the command of Count
D'Estaing, the latter commanded by General Lincoln.

6. See Vol. I., Ch. XIII.

7. See Vol. I., Ch. IX.

8. On the back of Mr. Sower's letter Mr. Galloway has made, in his own
handwriting, this endorsement--"Mr. Sower is a German refugee at
New-York, and a person of the greatest influence among the Germans in
Pennsylvania."

CHAPTER III.

The extracts which have been given from the correspondence of Mr.
Galloway present, in a point of view sufficiently clear and distinct,
the unquestionable hostility of the tories towards the whigs; the
manner in which they wished the British ministry to conduct the
contest; the punishment they would have inflicted upon the rebels if
they had been successful, and the form in which they would have
subsequently governed the country. These views are deemed a sufficient
reason for the feelings of the whigs; a justification of those
legislative disqualifications of the tories which were adopted by the
State of New-York during the war of the revolution, and cause for the
patriotic determination that the refugees should not be protected or
permitted to remain in the land which they had so zealously struggled
to enslave.

At a very early period after the declaration of Independence, parties
were formed among the whigs. In the State of New-York, at the first
election, in 1777, for governor under the new Constitution, General
Schuyler was presented in opposition to George Clinton, but was
defeated. With that defeat it is believed commenced political
heart-burnings and collisions which, although at times smothered, were
never extinguished. Schuyler was a man of great boldness and sagacity.
He was personally unpopular, yet he possessed a commanding influence
over the mind of those with whom lie commingled or was in any manner
connected; an ascendancy which, in a measure, was to be ascribed to
the force of intellect.

On the 12th of September, 1780, General Schuyler was a candidate for
Congress. At that time the members were chosen by the legislature.
Each house, viva voce, named a candidate. The two branches then met
together and compared their nominations. If they both designated the
same individual, he was declared to be chosen. If not, they proceeded
as one body to a ballot, and the person having a majority of all the
votes given was duly elected. The house almost unanimously nominated
General Schuyler, the vote being for Schuyler, thirty-one, for Ezra
L'Hommidieu seven. The senate nominated L'Hommidieu. In joint ballot,
notwithstanding the vote Schuyler had received in the house,
L'Hommidieu was chosen. For some reason not then explained, there was
a sudden and extraordinary change of opinion in the legislature in
relation to General Schuyler.

About this period, certain individuals were for the appointment of a
"Supreme dictator, with all the powers conferred by the Roman people."
A convention was to be held at Hartford, consisting of delegates from
the five New-England states and the state of New-York, for the
purpose, among other objects, of devising more efficient measures for
the supply of the army. Judge Hobart, Egbert Benson, and General
Schuyler were the delegates. "It was for a contemplated by the
legislature to give them instructions to propose that a dictator
should be appointed, for which a majority in the more popular branch
were believed to be favourable. This 'mad project,' as Colonel
Alexander Hamilton designated it, was communicated to him by General
Schuyler in a letter of the 16th of September, 1780." [1]

The scheme was opposed with great ardour and perseverance by Governor
George Clinton, Ezra L'Hommidieu, and others; but, through the
influence of the former, in a great measure, the "mad project" was
defeated. Here again the party lines were drawn between Governor
Clinton and General Schuyler. It is highly probable that the plan for
appointing a "supreme dictator" was a principal cause for the change
of opinion respecting General Schuyler in the legislature on the 12th
of September, and contributed to defeat his election to Congress.

From this period until the adoption of the Federal Constitution, the
Clinton and the Schuyler parties continued to exist. In the ranks of
the latter there was great concert in action. On an examination of the
legislative journals from 1777 to 1788, it will be seen, that with
General Schuyler were the Jays, the Livingstons, the Van Rensellaers,
and the Bensons, and that they almost uniformly voted together.

And now of the tories. In the year 1779 some of them, who had removed
from Albany within the British lines, petitioned the legislature for
leave to return, which petition was rejected. At the same session an
act was passed requiring all counsellors and attorneys, before they
could be permitted to practice in any court, to produce evidence of
their attachment to the liberty and independence of the United States.
On the 20th of November, 1781, a special act was passed on the same
subject, confirmatory of what bad been done in 1779.

The first session of the legislature after the revolutionary war was
held in the city of New-York. It was convened by proclamation of the
governor on the 6th of January, 1784, and continued its sitting until
the 12th of May following. In the first month of the session, numerous
petitions were presented by the tories, praying to be relieved from
their banishment, and to be permitted a residence within the state.
The legislature perceived that, if they did not act promptly, their
tables would be covered with these memorials. Therefore, in the
language of Governor Clinton at the opening of the session, the
assembly said--

"While we recollect the general progress of a war which has been
marked with cruelty and rapine; while we survey the ruins of this once
flourishing city and its vicinity; while we sympathize in the
calamities which have reduced so many of our virtuous fellow-citizens
to want and distress, and are anxiously solicitous for means to repair
the wastes and misfortunes which we lament," we cannot hearken to
these petitions. They were referred to a select committee, which
committee in a few days reported against granting their prayer, and
the house instantly, without a division, agreed to the report. This
was on the 9th of February, 1784.

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