{1778}
The succession of mistakes, surprises, panics, which occasioned the defeats before Philadelphia and ended in the occupation of that city by the British general, seriously affected the reputation of Washington. Though Paine believed that Washington's generalship had been at fault (as Washington himself probably did*), he could utter nothing that might injure the great cause. He mistrusted the singleness of purpose of Washington's opponents, and knew that the commander-in-chief was as devoted as himself to the American cause, and would never surrender it whatever should befall. While, therefore, the intrigues were going on at Yorktown, Pennsylvania, whither Congress had retreated, and Washington with his ill-fed and ill-clad army were suffering at Valley Forge, Paine was writing his fifth Crisis, which had the most happy effect. It was dated at Lancaster, March 121, 1778. Before that time (February 19th) General Gates had made his peace with Washington, and the intrigue was breaking up, but gloom and dissatisfaction remained. The contrast between the luxurious "Tories" surrounding Howe in Philadelphia, and Washington's wretched five thousand at Valley Forge, was demoralizing the country. The first part of this Crisis, addressed "to General Sir William Howe," pointed wrangling patriots to the common enemy; the second, addressed "to the inhabitants of America," sounded a note of courage, and gave good reasons for it. Never was aid more artistic than that Paine's pen now gave Washington. The allusions to him are incidental, there is no accent of advocacy. While mentioning "the unabated fortitude of a Washington," he lays a laurel on the brow of Gates, on that of Herkimer, and even on the defeated. While belittling all that Howe had gained, telling him that in reaching Philadelphia, he "mistook a trap for a conquest," he reunites Washington and Gates, in the public mind, by showing the manoeuvres of the one near Philadelphia part of the other's victory at Saratoga. It is easy for modern eulogists of Washington to see this, but when Paine said it,—apparently aiming only to humiliate Howe,—the sentence was a sunbeam parting a black cloud. Coming from a member of Greene's staff, from an author whose daring at Fort Mifflin had made him doubly a hero; from the military correspondent of the Pennsylvania Council, and the Secretary of the Congressional Committee of Foreign Affairs,—Paine's optimistic view of the situation had immense effect. He hints his official knowledge that Britain's "reduced strength and exhausted coffers in a three years' war with America hath given a powerful superiority to France and Spain," and advises Americans to leave wrangling to the enemy. "We never had so small an army to fight against, nor so fair an opportunity of final success as now."
* See his letter to the President of Congress. Ford's,
"Writings of Washington," vol. vi., p. 82.
This fifth Crisis was written mainly at Lancaster, Pa., at the house of William Henry, Jr., where he several times found shelter while dividing his time between Washington's head-quarters and York.* Every number of the Crisis was thus written with full information from both the military and political leaders. This Crisis was finished and printed at York, and there Paine begins No. VI. The "stone house on the banks of the Cadorus," at York, is still pointed out by a trustworthy tradition as that to which he bore the chest of congressional papers with which he had fled to Trenton, when Howe entered Philadelphia.** It is a pleasant abode in a picturesque country, and no doubt Paine would have been glad to remain there in repose. But whoever slept on his watch during the Revolution Paine did not. The fifth Crisis printed, he goes to forward the crisis he will publish next. In April he is again at Lancaster, and on the 11th writes thence to his friend Henry Laurens, President of Congress.***
* This I learn by a note from Mr. Henry's descendant, John
W. Jordan. At this time Paine laid before Henry his scheme
for steam-navigation.
** The house is marked "B. by J. B. Cookis in the year
1761." It is probable that Congress deemed it prudent to
keep important documents a little way from the edifice in
the centre of the town where it met, a building which no
longer stands.
*** I am indebted to Mr. Simon Gratz, of Philadelphia, for
this and several other letters of Paine to Laurens.
"Lancaster, April 11th, 1778. Sir,—I take the liberty of mentioning an affair to you which I think deserves the attention of Congress. The persons who came from Philadelphia some time ago with, or in company with, a flag from the Enemy, and were taken up and committed to Lancaster Jail for attempting to put off counterfeit Contl. money, were yesterday brought to Tryal and are likely to escape by means of an artful and partial Construction of an Act of this State for punishing such offences. The Act makes it felony to counterfeit the money emitted by Congress, or to circulate such counterfeits knowing them to be so. The offenders' Council explained the word 'emitted' to have only a retrospect meaning by supplying the Idea of 'which have been' 'emitted by Congress.' Therefore say they the Act cannot be applied to any money emitted after the date of the Act. I believe the words 'emitted by Congress' means only, and should be understood, to distinguish Continental Money from other Money, and not one Time from another Time. It has, as I conceive, no referrence to any Particular Time, but only to the particular authority which distinguishes Money so emitted from Money emitted by the State. It is meant only as a discription of the Money, and not of the Time of striking it, but includes the Idea of all Time as inseparable from the Continuance of the authority of Congress. But be this as it may; the offence is Continental and the consequences of the same extent. I can have no Idea of any particular State pardoning an offence against all, or even their letting an offender slip legally who is accountable to all and every State alike for his crime. The place where he commits it is the least circumstance of it. It is a mere accident and has nothing or very little to do with the crime itself. I write this hoping the Information will point out the necessity of the Congress supporting their emissions by claiming every offender in this line where the present deficiency of the Law or the Partial Interpretation of it operates to the Injustice and Injury of the whole Continent.
"I beg leave to trouble you with another hint. Congress I learn has something to propose thro' the Commissrs. on the Cartel respecting the admission and stability of the Continental Currency. As Forgery is a Sin against all men alike, and reprobated by all civil nations, Query, would it not be right to require of General Howe the Persons of Smithers and others in Philadelphia suspected of this crime; and if He, or any other Commander, continues to conceal or protect them in such practices, that, in such case, the Congress will consider the crime as the Act of the Commander-in-Chief. Howe affects not to know the Congress—he ought to be made to know them; and the apprehension of Personal Consequences may have some effect on his Conduct. I am, Dear Sir,
"Your obt. and humble Servt.,
"T. Paine.
"Since writing the foregoing the Prisoners have had their Tryal, the one is acquitted and the other convicted only of a Fraud; for as the law now stands, or rather as it is explained, the counterfeiting—or circulating counterfeits—is only a fraud. I do not believe it was the intention of the Act to make it so, and I think it misapplied Lenity in the Court to suffer such an Explanation, because it has a tendency to invite and encourage a Species of Treason, the most prejudicial to us of any or all the other kinds. I am aware how very difficult it is to make a law so very perfect at first as not to be subject to false or perplexed conclusions. There never was but one Act (said a Member of the House of Commons) which a man might not creep out of, i. e. the Act which obliges a man to be buried in woollen. T. P."