USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 43
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them the negotiation of loans, and the owners of privateers were permitted, privately, to dispose of their prizes.
This perplexing and uncertain state, continued from December, 1776, to December, 1777. The success of the campaign of the latter year placed the Americans in a more favourable light, as possible instruments for the grati- fication of Gallic vengeance, and disposed the ministers to draw the relations with them more closely. The capture of Burgoyne determined them to ac- knowledge and support the independence of the United States. France frankly avowed, what folly alone could tempt her to conceal, that in this measure, she sought her own interest. Though war with Great Britain would probably be the consequence, there was a generosity displayed in abstaining from requiring any preference over other nations, and in treating with the new states as if they had been long established, and were in the fulness of strength and power.
Two treaties were formed. One, of friendship and commerce, recognised the independence of America. The other, of alliance, eventual and defensive, between the two nations, stipulated, that should a war arise between Great Britain and France during the existence of that with the United States, it should become a common cause, and that neither of the contracting parties should conclude either truce or peace with Great Britain, without the formal assent of the other. They mutually engaged not to lay down their arms, until the independence of the United States should be assured by treaty ter- minating the war. There were other provisions in this contract, which in their result did not affect the revolution.
VI. Soon after, the treaty of friendship and commerce was communicated by the representative of France to the British court; which, readily, con- ceiving, that France had not taken this step without a resolution to follow it through all its consequences, considered the notification a declaration of war : and immediately published a memorial for the justification of the hostilities she resolved to commence.
The French ministry received private intelligence, that the English cabinet contemplated to offer to the United States the acknowledgment of their independence, on condition of a separate peace. They communicated this to the American commissioners, urging them to lose no time in repre- senting, that the war, though not declared in form, had actually commenced, and that they, deeming the treaty of alliance in full force, considered neither party at liberty to make a separate peace.
The despatches containing the treaties were received by the president of' Congress, on Saturday, the second of May, after the House had adjourned. 'That body was immediately convened, and the joyful tidings communicated. The treaties were ratified, on Monday, with a resolution highly compli- mentary to the magnanimity and wisdom of the French monarch. But the intoxication of joy led this grave assembly into the error of publishing both, the avowed and concealed; or it served as an excuse for involving France, inextricably, in their cause, by confirming the indignation of Great Britain at her duplicity.
VII. The impression made upon the British nation, though different, was not less, than that upon the French, by the capture of Burgoyne; and pro- duced even in the cabinet, resolutions in favour of pacific measures. In February, 1778, Lord North gave notice in the House of Commons, of his intention to propose a plan of conciliation. In conformity with which, he moved to bring in "a bill for removing all doubts and apprehensions con- cerning taxation by the Parliament of Great Britain, in any of the colonies and plantations of North America," and "a bill to enable his Majesty to ap- point commissioners, with sufficient powers to treat, consult, and agree upon
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the means of quieting the disorders now subsisting in certain of the colonics of America.
The first declared that Parliament would impose no duty payable in America, except such as might be expedient for the purposes of commerce, the net produce of which, should be paid and applied for the use of the colo- ny in which it should be levied, as other duties collected under the authority of the Legislature. The second, authorized the appointment of commission- ers by the Crown, with power to treat, either with the constituted authorities, or with individuals in America,-the stipulations which might be entered into, to be subject to the approbation of Parliament. They were also em- powered to proclain a cessation of hostilities in any of the colonies; to sus- pend the operation of the non-intercourse law, and, during the continuance of the act, so much of all or any of the acts of Parliament, which had passed since the 10th of February, 1773, relating to the colonies; to grant pardon to any number or description of persons; and to appoint a governor in any colony, in which his Majesty had, theretofore, made such appointments. The duration of the last act was limited to the first of June, 1779. Both were sanctioned by Parliament with little opposition. Their great defect was, that they came too late. The spirit upon which they might have wrought was no more. It had been succeeded by one to which the demand of subjection, and the offer of pardon were irreparable insults.
Before these bills could be gotten through the customary forms, intelli- gence was received of the treaty with France. Copies were, therefore, hur- ried to America, to be laiu before Congress, and the public, that they might counteract the effect of the treaty.
VIII. Washington was instructed of the nature of these bills, as well by letters, from Major-general Tryon, the British governor of New York, as from other sources. The communication from Tryon, containing the extraordinary and impertinent request, " that it should be published to the army," was im- mediately despatched to Congress. The committee to whom it was referred, reported, That the bills were designed to create division among the people, and to encourage desertion from the common cause, and were the sequel of the insidious plan, which, from the days of the stamp act, had involved the country in contention and blood: and though circumstances might, now, cause a recession from unjustifiable claims, they would not fail to be renewed upon the first favourable ocen-ion :- That, as the union of the Americans, upon principles of common interest in defence of common rights, was cemented by common calamities and mutual good offices and affection, so the cause for which they contended, and in which all mankind were inte- rested, must derive its success from the continuance of such union; and that, whoever should presume to make any separate or partial convention, with the commissioners under the crown, ought to be considered and treated as open and avowed enemies of the United States :- That, the United States could not, with propriety, hold conference with commissioners from Great Britain, unless as a preliminary, they should withdraw their fleets and ar- mies, or in express terms acknowledge the independence of the States: And that, as it appeared to be the design of the enemies of the States, to lull them into fatal security, the States should be called upon to use the most strenuous exertions, to send their respective quotas of troops into the field, and to main- tain their militia in readiness. Fearless of the effect of these measures upon the public mind, Congress ordered the report and resolutions to be published. The alliance with France, which had been long expected, was believed by every patriot to assure the national independence,-and this had become an object too dear to be easily abandoned.
Subsequently to the reception of the copies of the bills, letters were re-
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ceived by Congress, in the close of May, from Lord Howe and Sir Henry Clinton, enclosing the acts of Parliament, themselves. Congress replied -- " Your lordship may be assured, that when the king of Great Britain shall be seriously disposed to put an end to the unprovoked and cruel war waged against these United States, Congress will readily attend to such terms of peace, as may consist with the honour of independent nations, the interest of their constituents, and the sacred regard they mean to pay to treaties."
The commissioners appointed to give effect to those conciliatory bills, consisted of Governor Johnstone, Lord Carlisle, and Mr. Eden, to whom Sir Henry Clinton was added. The three first arrived in Philadelphia, while the city was in possession of the British. On the 9th of June they request- ed, from General Washington, a passport for their secretary, Dr. Ferguson, with a letter from them to Congress ; but this was refused. They, then, ad- dressed a letter to Congress, in due form, communicating a copy of their commission, and of the acts of Parliament, and proposing among other things, to consent to a cessation of hostilities by sea and land; to restore free intercourse, to revive mutual affection, and renew the common benefits of naturalization, through the several parts of the empire: To extend every freedom to trade, that the respective interest of Britain and America could require: To agree that no military forces should be kept up in North Ame- rica, without the consent of the general Congress, or particular Assemblies: To concur in measures " calculated to discharge the debts of America, and to raise the credit and value of the paper circulation:" To perpetuate the union, by a reciprocal deputation of agent or agents, who should have the privilege of a seat and voice in the Parliament of Great Britain, or if' sent from Britain, in the Assemblies of the different colonies, to which they might be deputed, respectively. In short, to establish the power of the respective Legislatures in each particular colony, to settle its revenue in civil and mili- tary establishment, and to exercise a perfect freedom in legislation and inter- nal government; so that the British colonies in North America, acting with Great Britain, in peace and in war, under one common sovereign, might have the irrevocable enjoyment of every privilege, short of a total separation of interests, or consistent with that union of force, on which the safety of their common religion and liberty depended."
The letter containing these propositions, also, contained some observations reflecting on the conduct of France, which gave so much offence in Congress, as to cause a suspension of the proceedings on the communication. But at length, an answer was agreed upon, signed by the president, and trans- mitted to the commissioners, rejecting their propositions, and assigning reasons therefor.
A reply from the commissioners followed the rejection of Congress, and the negotiation was thus, for a short period, continued, during which Mr. Johnstone caused certain propositions, in the nature of a bribe, to be made to Mr. Joseph Reed, which were not only indignantly rejected by that gentle. man, but which induced Congress to refuse intercourse with the proposer. Mr. Johnstone, thereupon, retired from the commission, whilst his colleagues endeavoured to press their views upon the Congress and the nation. To the latter, both parties appealed through the press, but the British agents were, in every effort, unsuccessful.
IX. In the midst of these transactions, the Sieur Girard, who had nego- tiated the treaties between France and the United States, arrived at Phila- delphia, in the character of minister plenipotentiary of his most Christian Majesty. This event produced imbounded joy among the people and Con- gress, by whom the minister 'was received with every demonstration of respect.
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X. About the time the command of the army devolved on Sir Henry Clinton, orders were received for the evacuation of Philadelphia. The part which France was about to take in the war, with the naval force she had prepared, rendered this city a dangerous position, and determined the admi- nistration, entirely, to abandon the Delaware. Preparations to this end were actively pursued, but it was some time uncertain, to what point the army was destined. At length, the intention was apparent to reach New York through the Jerseys. Upon this presumption, General Washington con- ducted his operations.
General Maxwell, with the Jersey brigade, was ordered to take post about Mount Holly, and to unite with Major-general Dickenson, who was assem- bling the militia, for the purpose of breaking down the bridges, falling trees in the roads, and otherwise embarrassing the march of the British general. Instructions were given to these officers, to guard carefully against a coup de main, and to keep the militia, in small light parties, on his flanks.
When Washington learned, that the greater proportion of the British army had crossed the Delaware,* he convened a council of general officers, to determine on his course. The force of the armies was nearly equal, the numerical advantage being with the Americans; the British having ten, and the Americans between ten and eleven, thousand. Of seventeen general officers, Wayne and Cadwalader, alone, were decidedly in favour of attacking the enemy. Fayette inclined to that opinion without openly embracing it. Consequently, it was resolved, not to risk a battle.
Sir Henry Clinton moved with great deliberation; seeming to await the approach of his adversary. He proceeded through Haddonfield, Mount Holly, Slabtown, and Crosswicks, to Allentown and Imlaytown, which he reached, on the twenty-fourth. Dickenson and Maxwell retired before him, unable to obstruct his march otherwise than by destroying the bridges. As his route, until he passed Crosswicks, lay directly up the Delaware, and at no great distance from it, General Washington found it necessary to make an extensive circuit, to pass the river at Coryell's Ferry. Pursuant to the settled plan of avoiding an engagement, he kept the high grounds, directing his course so as to cover the important passes of the Highlands. He crossed the river on the twenty-second, and remained the twenty-third at Hopewell, in the elevated country, adjacent to the river.
General Arnold, whose wounds yet unfitted him for service, was directed to possess himself of Philadelphia, and to detach four hundred continental troops, and such militia as could be collected, to harass the rear of the enemy. This service, by the order of the commander-in-chief, was confided to Gene- ral Cadwalader, who could only add to his continental force, fifty volunteers and forty militia, commanded by General Lacy. From Hopewell, Morgan, with six hundred riflemen, was detached to annoy his right flank; Dicken- son, with about one thousand Jersey militia, and Maxwell's brigade, hung on his left.
XI. In this position of the armies, General Washington, who had rather acquiesced in, than approved, the decision of the late council of war, and was disposed to seek battle, again submitted the proposal to the consideration of the general officers, by whom it was, again, negatived. By their advice a chosen body of fifteen hundred men, under Brigadier-general Scott, was added to the corps on the left flank of the enemy. But Washington being
* June 18th, 1777.
t The night that the British encamped at Haddonfield, Captain M'Lane, by orders from General Arnold, passed through their camp, and reported their situation to the general.
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supported by the wishes of some officers whom he highly valued, determined, on his own responsibility, to bring on a general engagement. The enemy being on his march to Monmouth court-house, he resolved to strengthen the force on his lines, by despatching General Wayne with an additional corps of one thousand men. The continental troops, now, thrown in front of the army, amounted to four thousand men, a force sufficient to require the di- rection of a major-general. The tour of duty was General Lee's; but, he, having declared, strongly, against hazarding, even a partial engagement, and supposing that, in conformity with the advice signed by all the generals in camp, save one, nothing would be attempted beyond reconnoitning the enemy, and restraining the plundering parties, showed no disposition to assert his claim; but yielded the command to General La Fayette. All the continental parties on the lines were placed under his direction, with orders to take measures, in concert with General Dickenson, to impede the march of the British, and to occasion them the greatest loss. These measures de- monstrated the wishes of the commander-in-chief, tending almost inevitably to a general battle. Wayne had earnestly advised it, and La Fayette in- clined towards a partial engagement. Colonel Hamilton, who accompanied him, had the strongest desire to signalize the detachment, and to accomplish all the wishes of Washington. These dispositions having been made, the main army was moved to Cranberry, on the 26th,' to support the advance. The intense heat of the weather, a heavy storm, and a temporary want of provisions, prevented it from proceeding further next day. The advanced corps had pressed forward and taken a position on the Monmouth road, about five miles in the rear of the enemy, with the intention of attacking him on the next morning. It was now, however, too remote, and too far on the right, to be supported in case of action; and pursuant to orders, the Marquis filed off by his left, towards Englishtown, early on the morning of the 27th.
General Lee had declined the command of the advance party, under the opinion, that it was not designed for effective service; but perceiving, soon after its march, that much importance was attached to it, and dreading lest his reputation might suffer, he earnestly solicited to be placed at its head. To relieve his feelings, without wounding those of La Fayette, Washington detached the former, with two other brigades, to support the Marquis. Lec would, of course, have the direction of the whole front division, amount- ing now to five thousand men; but he stipulated, that if any enterprise had been formed by La Fayette, it should be executed as if the commanding officer had not been changed.
Sir Henry Clinton had taken a strong position, on the high grounds about Monmouth court-house; having his right flank in the skirt of a small wood, his left secured by a thick one, and a morass towards his rear. His whole front was, also, covered by a wood, and, for a considerable distance towards his left, by a morass, and he was within twelve miles of the high grounds about Middletown; after reaching which, he would be perfectly secure.
' Under these circumstances, General Washington . determined to attack their rear, the moment they should move from their ground. This determi- nation was communicated to Lee, with orders to make his dispositions, and to keep his troops constantly lying on their arms, that he might be in readi- ness to take advantage of the first movement. Corresponding orders were also given to the rear division.
About five in the morning of the twenty-eighth, intelligence was received from General Dickenson, that the front of the enemy was in motion. The . troops were immediately under arms, and Lee was directed to move on, and attack the rear, " unless there should be powerful reasons to the contrary."
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He was, at the same time, informed, that the main army would march to support him.
Sir Henry Clinton, perceiving that the Americans were in his neighbour- hood, changed the order of his march. The baggage was placed under the care of General Knyphausen, while the flower of his army, unincumbered, formed the rear division commanded by Lord Cornwallis; who, to avoid pressing on Knyphausen, remained on his ground until about eight, and then descending from the heights of Frechold, into a plain of about three miles in extent, took up his line of march in rear of the front division .*
General Lee made the dispositions necessary for executing his orders; and, soon after the rear of the enemy was in motion, prepared to attack it. General Dickenson had been dirceted, to detach some of his best troops, to co-operate with him; and Morgan to act on the enemy's right flank, but with so much caution, as to be able readily to extricate himself, and to form a junction with the main body.
Loe appeared on the heights of Frechold, soon after the enemy had left them, and following the British into the plain, gave directions to General Wayne to attack their covering party, so as to halt them, but not to press them sufficiently to force them up to the main body, or to draw reinforce- ments from thenee, to their aid. In the mean time, he proposed to gain their front by a shorter road on their left, and entirely intercepting their commu- nication with the line, to bear them off before they could be assisted.
While in the execution of this design, a gentleman of General Washing- ton's suite came up to gain intelligence, and to him, Lee communicated his present object.
Sir Henry Clinton, soon after the rear division was in full march, ob- served a column of the Americans on his left flank. This being militia, was soon dispersed. When his rear guard had descended from the hills, it was followed by a strong corps; soon after which, a cannonade upon it was commenced from some pieces commanded by Colonel Oswald, and, at the same time, he received intelligence, that a respectable force had shown itself on both his flanks. Believing a design to have been formed on his baggage, which in the defiles would be exposed, he determined, in order to secure it, to attack the troops in his rear, so vigorously, as to compel them to call of those on his flanks. This induced him to march back his whole rear division, which movement was making, as Lce advanced for the purpose of recommoitring, to the front of the wood, adjoining the plain. Hle soon perceived himself to have mistaken the force which formed the rear of the British: but ho yet proposed to engage on that ground, although his judgment, as was afterwards stated by himself, on an inquiry into his conduct, disapproved of' it; there being a morass immediately in his rear, which could not be passed without difficulty, and which would neces- sarily impede the arrival of reinforcements to his aid, and embarrass his retreat should he be finally overpowered.
This was about ten o'clock. While both armies were preparing for action, General Scott (as stated by General Lee) mistook an oblique march of an American columnm for a retreat; and, in the apprehension of being aban- doned, left his position, and repassed the ravine in his rear. Being himself' of' opinion, that the ground on which the army was drawn up, was by no means favourable to them, Lee did not correct the error Scott had committed, but directed the whole detachment to regain the heights they had passed. Il .. was pressed by the enemy, and some slight skirmishing ensued, during this retrograde movement, in which not much loss was sustahied on either side.
* Letter of Sir Henry Clinton.
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When the first firing announced the commencement of the action, the rear division threw off their packs, and advanced rapidly to support the front. As they approached the scene of action, Washington, who had received no intelligence from Lee, notifying his retreat, rode forward; and about noon, after the army had marched five miles, to his utter astonishment and mortification, met the advanced corps retiring before the enemy, without having made a single effort to maintain their ground. Those whom he first fell in with, neither understood the motives which had governed General Lee, nor his present design; and could give no other information than that, by his orders, they had fled without fighting.
Washington rode to the rear of the division, which was closely pressed. There he met Lee, to whom he spoke in terms of some warmth, implying disapprobation of his conduct. He also gave immediate orders to-the regi- ments commanded by Colonel Stewart and Lieutenant-colonel Ramsay, to form on a piece of ground which he deemed proper for the purpose of check- ing the enemy, who were advancing rapidly on them. General Lee was then directed to take proper measures, with the residue of his force, to stop the British column on that ground, and the commander-in-chief rode back, himself, to arrange the rear division of the army.
These orders were executed with firmness. A sharp conflict ensued, and when forced from the ground on which he had been placed, Lee brought off his troops in good order, and was, then, directed to form in the rear of Eng- lishtown.
The check thus given the enemy, afforded time to draw up the left wing and second line of the American army, on an eminence, partly in a wood, and partly in an open field, covered by a morass in front. Lord Stirling, who commanded the wing, brought up a detachment of artillery, under Lieutenant-colonel Carrington, with some field pieces, which played with considerable effect on the enemy, who had passed the morass, and were pressing on to the charge. These pieces, with the aid of several parties of infantry, detached for the purpose, effectually put a stop to their advance. The American artillery were drawn up in the open field, and maintained their ground with admirable firmness, under a heavy and persevering fire from the British.
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