Before the Declaration, Paine minted the phrases "Free and Independent States of America," and "The Glorious Union." In his second Crisis, dated January 13, 1777, he says to Lord Howe: "'The United States of America' will sound as pompously in the world or in history as 'the kingdom of Great Britain.'"
* Almon's Remembrancer 1778-9, p. 38a.
The friendliness of Robert Morris to the author is creditable to him. In the Deane controversy, Paine had censured him and other members of Congress for utilizing that agent of the United States to transact their commercial business in Europe. Morris frankly stated the facts, and, though his letter showed irritation, he realized that Paine was no respecter of persons where the American cause was concerned.* In 1782 the Revolution required nicest steering. With the port in sight, the people were prone to forget that it is on the coast that dangerous rocks are to be found. Since the surrender of Cornwallis they were over-confident, and therein likely to play into the hands of the enemy, which had lost confidence in its power to conquer the States by arms. England was now making efforts to detach America and France from each other by large inducements. In France Paine was shown by Franklin and Vergennes the overtures that had been made, and told the secret history of the offers of mediation from Russia and Austria. With these delicate matters he resolved to deal, but before using the documents in his possession consulted Washington and Morris. This, I suppose, was the matter alluded to in a note of March 17, 1782, to Washington, then in Philadelphia:
"You will do me a great deal of pleasure if you can make it convenient to yourself to spend a part of an evening at my apartments, and eat a few oysters or a crust of bread and cheese; for besides the favour you will do me, I want much to consult with you on a matter of public business, tho' of a secret nature, which I have already mentioned to Mr. Morris, whom I likewise intend to ask, as soon as yourself shall please to mention the evening when."
A similar note was written to Robert Morris four days before. No doubt after due consultation the next Crisis, dated May 22, 1782, appeared. It dealt with the duties of the alliance:
"General Conway," he says, "who made the motion in the British parliament for discontinuing offensive war in America, is a gentleman of an amiable character. We have no personal quarrel with him. But he feels not as we feel; he is not in our situation, and that alone without any other explanation is enough. The British parliament suppose they have many friends in America, and that, when all chance of conquest is over, they will be able to draw her from her alliance with France. Now if I have any conception of the human heart, they will fail in this more than in anything that they have yet tried. This part of the business is not a question of policy only, but of honor and honesty."
Paine's next production was a public letter to Sir Guy Carleton, commanding in New York, concerning a matter which gave Washington much anxiety. On April 12th Captain Huddy had been hanged by a band of "refugees," who had sallied from New York into New Jersey (April 12th). The crime was traced to one Captain Lippencott, and, after full consultation with his officers, Washington demanded the murderer. Satisfaction not being given, Washington and his generals determined on retaliation, and Colonel Hazen, who had prisoners under guard at Lancaster, was directed to have an officer of Captain Huddy's rank chosen by lot to suffer death. Hazen included the officers who had capitulated with Cornwallis, though they were expressly relieved from liability to reprisals (Article 14). The lot fell upon one of these, young Captain Asgill (May 27th). It sufficiently proves the formidable character of the excitement Huddy's death had caused in the army that Washington did not at once send Asgill back. The fact that he was one of the capitulation officers was not known outside the military circle. Of this circumstance Paine seems ignorant when he wrote his letter to Sir Guy Carleton, in which he expresses profound sympathy with Captain Huddy, and warns Carle-ton that by giving sanctuary to the murderer he becomes the real executioner of the innocent youth. Washington was resolved to hang this innocent man, and, distressing as the confession is, no general appears to have warned him of the wrong he was about to commit.* But Paine, with well-weighed words, gently withstood the commander, prudently ignoring the legal point, if aware of it.
* Historians have evaded this ugly business. I am indebted
to the family of General Lincoln, then Secretary of War, for
the following letter addressed to him by Washington, June 5,
1782: "Col. Hazen's sending me an officer under the
capitulation of Yorktown for the purpose of retaliation has
distressed me exceedingly. Be so good as to give me your
opinion of the propriety of doing this upon Captain Asgill,
if we should be driven to it for want of an unconditional
prisoner. Presuming that this matter has been a subject of
much conversation, pray with your own let me know the
opinions of the most sensible of those with whom you have
conversed. Congress by their resolve has unanimously
approved of my determination to retaliate. The army have
advised it, and the country look for it. But how far is it
justifiable upon an officer under the faith of a
capitulation, if none other can be had is the question?
Hazen's sending Captain Asgill on for this purpose makes the
matter more distressing, as the whole business will have the
appearance of a farce, if some person is not sacrificed to
the mains of poor Huddy; which will be the case if an
unconditional prisoner cannot be found, and Asgill escapes.
I write you in exceeding great haste; but beg your
sentiments may be transmitted as soon as possible (by
express), as I may be forced to a decision in the course of
a few days.—I am most sincerely and affectionately, D'r
Sir, yr. obed't,
"G. Washington."
"For my own part, I am fully persuaded that a suspension of
his fate, still holding it in terrorem, will operate on a
greater quantity of their passions and vices, and restrain
them more, than his execution would do. However, the change
of measures which seems now to be taking place, gives
somewhat of a new cast to former designs; and if the case,
without the execution, can be so managed as to answer all
the purposes of the last, it will look much better
hereafter, when the sensations that now provoke, and the
circumstances which would justify his exit shall be
forgotten."
This was written on September 7th, and on the 30th Washington, writing to a member of Congress, for the first time intimates a desire that Asgill shall be released by that body.
In October came from Vergennes a letter, inspired by Marie Antoinette, to whom Lady Asgill had appealed, in which he reminds Washington that the Captain is a prisoner whom the King's arms contributed to surrender into his hands. That he had a right, therefore, to intercede for his life. This letter (of July 29, 1782) was laid before Congress, which at once set Asgill at liberty. Washington was relieved, and wrote the Captain a handsome congratulation.