Life and Times of Washington, Volume 2 / Revised, Enlarged, and Enriched

by John Frederick Schroeder; Benson John Lossing

When the King's commissary of prisoners intimated to some of the American officers General Howe's intention of sending the privates home on parole, they all earnestly desired it, and a paper was signed expressing that desire; the reason for signing was, they well knew the effects of a longer confinement, and the great numbers that died when on parole justified their pretensions to that knowledge. In January almost all the officers were sent to Long Island on parole, and there billeted on the inhabitants at $2 per week.

The filth in the churches (in consequence of fluxes) was beyond description. Seven dead have been seen in one of them at the same time, lying among the excrements of their bodies. The British soldiers were full of their low and insulting jokes on those occasions, but less malignant than the Tories. The provision dealt out to the prisoners was not sufficient for the support of life, and was deficient in quantity, and more so in quality. The bread was loathsome and not fit to be eaten, and was thought to have been condemned. The allowance of meat was trifling and of the worst sort. The integrity of these suffering prisoners was hardly credible. Hundreds submitted to death rather than enlist in the British service, which they were most generally pressed to do. It was the opinion of the American officers that Howe perfectly understood the condition of the private soldiers, and they from thence argued that it was exactly such as he and his council intended. After Washington's success in the Jerseys, the obduracy, and malevolence of the Royalists subsided in some measure. The surviving prisoners were ordered to be sent out as an exchange, but several of them fell down dead in the streets while attempting to walk to the vessels.

Washington wrote to General Howe in the beginning of April: "It is a fact not to be questioned that the usage of our prisoners while in your possession, the privates at least, was such as could not be justified. This was proclaimed by the concurrent testimony of all who came out. Their appearance justified the assertion, and melancholy experience in the speedy death of a large part of them, stamped it with infallible certainty."

The cruel treatment of the prisoners being the subject of conversation among some officers captured by Sir Guy Carleton, General Parsons, who was of the company, said, "I am very glad of it." They expressed their astonishment and desired him to explain himself. He thus addressed them: "You have been taken by General Carleton, and he has used you with great humanity, would you be inclined to fight against him?" The answer was, "No." "So," added Parsons, "would it have been, had the troops taken by Howe been treated in like manner, but now through this cruelty we shall get another army."

The Hon. William Smith, learning how the British used the prisoners, and concluding it would operate to that end by enraging the Americans, applied to the committee of New York State for leave to go into the city and remonstrate with the British upon such cruel treatment, which he doubted not but that he should put a stop to. The committee, however, either from knowing what effect the cruelties would have in strengthening the opposition to Britain, or from jealousies of his being in some other way of disservice to the American cause or from these united, would not grant his request.

Washington, at the beginning of 1777, determined to have the army inoculated for the smallpox, which had made fearful ravages in the ranks. It was carried forward as secretly and carefully as possible, and the hospital physicians in Philadelphia were ordered at the same time to inoculate all the soldiers who passed through that city on their way to join the army. The same precautions were taken in the other military stations, and thus the army was relieved from an evil which would have materially interfered with the success of the ensuing campaign. The example of the soldiery proved a signal benefit to the entire population, the practice of inoculation became general, and, by little and little, this fatal malady disappeared almost entirely.

In the hope that something might be effected at New York, Washington ordered General Heath, who was in command in the Highlands, to move down towards the city with a considerable force. Heath did so, and in a rather grandiloquent summons called upon Fort Independence to surrender. The enemy, however, stood their ground, and Heath, after a few days, retreated, having done nothing, and exposed himself to ridicule for not having followed up his words with suitable deeds.

While Washington was actively employed in the Jerseys in asserting the independence of America, Congress could not afford him much assistance, but that body was active in promoting the same cause by its enactments and recommendations. Hitherto the Colonies had been united by no bond but that of their common danger and common love of liberty. Congress resolved to render the terms of their union more definite, to ascertain the rights and duties of the several Colonies, and their mutual obligations toward each other. A committee was appointed to sketch the principles of the union or confederation.

This committee presented a report in thirteen Articles of Confederation and perpetual Union between the States, and proposed that, instead of calling themselves the United Colonies, as they had hitherto done, they should assume the name of the United States of America; that each State should retain its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by the confederation expressly delegated to the United States in Congress assembled; that they enter into a firm league for mutual defense; that the free inhabitants of any of the States shall be entitled to the privileges and immunities of free citizens in any other State; that any traitor or great delinquent fleeing from one State and found in another shall be delivered up to the State having jurisdiction of his offense; that full faith and credit shall be given in each of the States to the records, acts, and judicial proceedings of every other State; that delegates shall be annually chosen in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday of November, with power to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead; that no State shall be represented in Congress by less than two or more than seven members, and no person shall be a delegate for more than three out of six years, nor shall any delegate hold a place of emolument under the United States; that each State shall maintain its own delegates; that in Congress each State shall have only one vote; that freedom of speech shall be enjoyed by the members, and that they shall be free from arrest, except for treason, felony, or breach of the peace; that no State, without the consent of Congress, shall receive any ambassador, or enter into any treaty with any foreign power; that no person holding any office in any of the United States shall receive any present, office, or title from any foreign State, and that neither Congress nor any of the States shall grant any titles of nobility; that no two or more of the States shall enter into any confederation whatever without the consent of Congress; that no State shall impose any duties which may interfere with treaties made by Congress; that in time of peace no vessels of war or military force shall be kept up in any of the States but by the authority of Congress, but every State shall have a well-regulated and disciplined militia; that no State, unless invaded, shall engage in war without the consent of Congress, nor shall they grant letters of marque or reprisal till after a declaration of war by Congress; that colonels and inferior officers shall be appointed by the Legislature of each State for its own troops; that the expenses of war shall be defrayed out of a common treasury, supplied by the several States according to the value of the land in each; that taxes shall be imposed and levied by authority and direction of the several States within the time prescribed by Congress; that Congress has the sole and exclusive right of deciding on peace and war, of sending and receiving ambassadors, and entering into treaties; that Congress shall be the last resort on appeal in all disputes and differences between two or more of the States; that Congress have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States, fixing the standard of weights and measures, regulating the trade, establishing post-offices, appointing all officers of the land forces in the service of the United States, except regimental officers, appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States, making rules for the government and regulation of the said land and naval forces, and directing their operations; that Congress have authority to appoint a committee to sit during their recess, to be dominated a Committee of the States, and to consist of one delegate from each State; that Congress shall have power to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same, to borrow money or emit bills on the credit of the United States, to build and equip a navy, to fix the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; that the consent of nine States shall be requisite to any great public measure of common interest; that Congress shall have power to adjourn to any time within the year, and to any place within the United States, but the adjournment not to exceed six months, and that they shall publish their proceedings monthly, excepting such parts relating to treaties, alliances, or military operations, as in their judgment require secrecy; that the yeas and nays of the delegates of each State shall, if required, be entered on the journal, and extracts granted; that the Committee of the States, or any nine of them, shall, during the recess of Congress, exercise such powers as Congress shall vest them with; that Canada, if willing, shall be admitted to all the advantages of the union; but no other colony shall be admitted, unless such admission shall be agreed to by nine States; that all bills of credit emitted, moneys borrowed, or debts contracted by Congress before this confederation, shall be charges on the United States; that every State shall abide by the determinations of Congress on all questions submitted to them by this confederation; that the articles of it shall be inviolably observed by every State, and that no alteration in any of the articles shall be made, unless agreed to by Congress, and afterward confirmed by the legislature of every State.

Such was the substance of this confederation or union. After much discussion, at thirty-nine sittings, the articles were approved by Congress, transmitted to the several State Legislatures, and, meeting with their approbation, were ratified by all the delegates on the 15th of November, 1778.