USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 29
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VOL. XI .- 22.
338
MINUTES OF THE
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" And be it further ordained, That if any person or persons shall offend in the premises, it shall and may be lawful for the President or Vice President, and two Members of the Executive Council, or for any three justices of the peace for any County, to inquire con- cerning the same, and thereof to hear and determine, and for that purpose arrest the accused, and to seize and secure the goods by him or her engrossed or bought up, and to summon a Grand Jury, and if the party accused shall traverse the Indictment, to award a petty Jury, and upon their Verdict to adjudge and execute, accord- ing to the law of the land and this Act.
" By Order of the Council of Safety." -0
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In Council of Safety.
LANCASTER, November 7th, 1777.
"WHEREAS, the great quantities of Whiskey made and consumed in this Commonwealth, and the enormous price at which it is sold, is attended with many inconveniencies and dangers, more especially that of Raising the price of bread Corn, and if not prevented, of creating a scarcity of that most necessary article:
" Be it therefore Ordained, and it is hereby ordained by the Council of Safety of the Commonwealth of Pennsylvania, That from and after the first day of December next following, no person or persons whatsoever, other than Suttlers in Camp, licensed and appointed According to the Articles of War, shall presume to take or Receive greater or higher prices than at the Rate of eight Shil- lings and Sixpence, Pennsylvania Currency, by the Gallon, includ- ing a sufficient Cask, for any Spirituous Liquors distilled from grain or fruit, commonly called Whiskey, of Merchantable strength and proof, upon pain of forfeiting the double value of the spirituous liquors so sold for the first offence, and of treble Value for the Second and every other Offence, to be Received and, Recovered by an action of debt, to the use of the informer, before one Justice of the peace, or in any Court where debts of the like Value are Cognizable :
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" Provided always, and it is hereby Ordained by the Authority aforesaid, That this Ordinance, or any thing herein contained, shall not extend to the price of Spirituous liquors sold in small quanti- ties of less than one quart by Retailers of liquor, licensed accord- ing to law, the prices of which shall be Regulated by the Justices in Sessions, according to the laws heretofore used or appointed :
" And be it further Ordained by the Authority aforesaid, That if any person or persons shall deliver, sell, Offer to sell, or expose to sale, any such spirituous liquors as hereinbefore described, which shall not be of proper Merchantable strength and goodness, all per-
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COUNCIL OF SAFETY.
sons selling or exposing to sale any such adulterated and unmer- chantable Spirituous liquors, shall be liable to a forfeiture of eight Shillings and sixpence, like Money, for every Gallon of such liquors so delivered, sold, offered or exposed to sale; the same to be Recov. ered of the offender, to the use of the informer, by action of debt, in like manner as hereinbefore is directed.
" By Order of the Council of Safety."
On Motion, agreed, That the foregoing ordinances be passed and published immediately.
In Council of Safety.
Saturday Nov'r 8th, 1777.
Present as yesterday, & also James Smith, Esq'r.
Ordered, That the persons hereinafter named, in the Respective Counties, be authorized and Required to collect without delay, from such of the Inhabitants of the said Respective counties as have not taken the Oath of Allegiance and Abjuration, or who have aided or assisted the enemy, arms and accoutrements, blankets, Wol- len & Linsey Woolsey Cloth, Linnen, shoes and stockings, for the Army : that they Appraise the same when taken, according to their quality, allowing at the following rates, Vizt : For a New single blanket three pounds, and in proportion for inferior kinds : For strong, large, well made shoes, twenty-five shillings p Pair: For good yarn stockings twenty-two shillings and six pence p pair : For good, well manufactured Cloth, & wide, 30 shillings p yard : For good Linsey Woolsey, yarde wide, 15 shillings per yard : For good y'd wide linnen, for soldiers' shirts, (about an 800) 15 shillings p yard : For good tow linnen 8 shillings p yard; And that the same be delivered, when so taken, to the Clothier General or his Agent, with whom they are to Correspond in the discharge of this business. Also, that the Commissionors be allowed for every day which they shall be employed in this business, the sum of twenty shillings p day, each.
For the County of Chester.
Col. Evan Evans, Philip Scott, Esq'r,
Elijah McClenaghan, Capt'n John Ramsay, Patterson Bell, Esq'r, Thomas Boyd, Esq'r, Capt'n Benj'n Wallace, William Gibbons,
Col'l George Pierce, Capt'n McCay (Concord), Major Cromwell Pierce,
Capt'n John Gardiner, Samuel Holliday,
Col'l Wm. Evans,
Capt'n Israel Whellan,
John Wilson, Capt'n Sam'l Vanleer,
Thomas Levis, Esq'r,
Capt'n Wm. Brookes,
Capt'n David Coupland,
Col'l Thomas Taylor,
Capt'n Allen Cuningham
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For the County of Bucks.
Joseph McIlvaine,
John Lacey, Junior,
Richard Gibbs, Samuel Smith,
John Crawford,
Nicholas Patterson,
John Vanhorn, (Solebury,)
James Benezet,
Hugh Adams,
William McHenry.
For the County of Lancaster.
Bartram Galbraith,
David Watson,
Christopher Coucher, (of Lebanon,)Stephen Hornberger,
Richard Fence,
Col'l Sam'l Jones,
Capt'n Robert Craig,
James Watson,
Col'l Cowden,
John Jordan,
Christ'r Franciscus,
Lodwick Shell.
For the County of York.
.Joseph Donaldson, George Erwin, Thomas Stockton,
Frederick Gelwix, Thomas Weems,
John Andrew, Robert Smith.
For the County of Cumberland.
John Boggs,
Abraham Smith, John Andrew, William McClure,
Samuel Williamson, James Purdy, William Blair.
For the County of Berks.
Henry Christ, Henry Haller, Thomas Parry, Daniel Utree,
Philip Millar,
Nathan Lewis, John Lower,
Godfried Ream, Jacob Seltzer, Nich's Shaffer.
For the County of Northampton.
Thomas Sellman, Rob't Lattimore, Nich's Karn,
Abram. Arndt,
Jacob Woods.
For the County of Philadelphia.
Matthew Sheuffley, Dan'l Heister, jun'r, Col'l John Moore, Major Wright,
Andrew Knox, John Hamilton, (Plymoth,) John Wendtz, Jun'r, Philip Markley, and
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John Brookes.
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William Antis, Samuel Dewees, on Doll
John Cambers, Peter Trexler, sen'r, Peter Koller,
Henry Alless,
John Nesbitt,
Henry Cotton,
Jacob Staley,
Col'l John Rogers,
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COUNCIL OF SAFETY.
In Council of Safety,
Monday Nov'r 10th, 1777.
Present as yesterday (except James Smith, Absent).
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In Council of Safety,
Tuesday Novem'r 11th, 1777.
PRESENT :
His Excellency the President, Hon'ble Vice President, Colonel Morgan, Colonel Hart, Mr. Bailey, Mr. Hoge, Mr. Sergeant, Mr. Henry, Colonel Bayard, and Mr. Rittenhouse.
Ordered, That the Justices of the peace of this State, who shall attend on the days of Appeal appointed by the Lieutenants of the Counties respectively, shall be allowed and paid by the Lieutenant of the County Twenty shillings p. day for every day they shall at- tend such Appeals.
In Council of Safety.
Wednesday Nov'r 12th, 1777. Present as Yesterday.
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In Council of Safety.
Thursday Novem'r 13th, 1777.
Present as Yesterday.
George Ross, Junior, Dep. Qu'r M., applied to Council for assis- tance in procuring about one hundred Waggons, which are now very pressingly demanded of him for the purpose of supplying the Army with Provisions; thereupon,
Ordered, That a Warrant be issued commanding the assistance of all Civil Officers to be aiding and assisting in providing and pro- curing the said Waggons out of the following Townships, to wit: Earl township, 12; Carnarvon, 15; Cocalico, 8; Strassburg, 10; Leacock, 8; Warwick, 8; Manheim, 10; Rapho, 10; Hempfield, 9 -Ninety Waggons.
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It being represented to Council, that John James, of the City of Philadelphia, hath been of late employed and sent out of the City by the Enemy, upon designs which are inimical to these United States ; thereupon,
Ordered, That the good people of this Commonwealth, as well officers Civil and Military as others, do exert themselves to seize and apprehend the said John James, and bring him before this Council, that he may be dealt with according as to Right and Jus- tice Appertains.
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Council of Safety met.
Friday November 14th, 1777.
In Council of Safety.
Saturday November 15th, 1777.
Present as Yesterday.
Ordered, That Ferguson McIlvaine be appointed Waggon Mas- ter of the County of Lancaster, and he is authorized and directed to nominate and appoint a suitable number of Deputies to make out a list of the Waggons in the said County.
In Council of Safety.
Sunday November 16th, 1777.
PRESENT :
Hon'ble Vice President, Mr. Bayard, Mr. Rittenhouse, Mr. Ser- jeant, Dr. Gardner, Colo: Hart, Mr. Baily, Mr. Hambright, and Mr. Urie.
The Council took into consideration the representations made by the Inhabitants of the County of Westmoreland, Respecting the in- cursion made into that county by the Indians ; and after some time spent in deliberation thereon; agreed, That it be referred for further consideration, as it appears that General Hand has taken the most proper measures for defending the frontiers to the Westward.
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COUNCIL OF SAFETY.
In Council of Safety.
Monday November the 17th, 1777.
PRESENT :
Mr. Vice President, Mr. Bayard, Mr. Serjeant, Doctor Gardiner, Mr. Marshall, (the first time,) Mr. Arndt, Mr. Urie, and Mr. Ham- bright. Also, Mr. Baley.
In Council of Safety.
Tuesday November the 18th, 1777.
Present as yesterday, and Mr. Rittenhouse.
Application being made again by Major Ross for a further num- ber of Waggons to remove stores, &c.
Ordered, That a Warrant be issued commanding the assistance of the civil officers to be aiding and assisting in procuring the said waggons out of the following Townships, Vizt :- Manheim, 7; Hempfield, 10; Manor, 10; Connestogo, 5; Lampeter, 8 ; Mar- tick, 5; Sadsbury, 12; Denny, 6; London Derry, 6; Donegal, 6; Mountjoy, 6; Salisbury, 10-91.
. In Council of Safety.
November 19, 1777.
Present as yesterday ; also, Mr. Whitehill, Mr. President, and Mr. Rittenhouse.
Ordered, That Mr. Bayard, Mr. Urie, and Mr. Smith, be a Committee to confer with the Delegates of this State in Congress, on the subject of the Indian depredations on the frontiers.
Application being made by Colonel Davis for a number of Wag- gons to remove stores, &c.,
Ordered, That a warrant be issued, commanding the assistance of the civil officers in the counties of Cumberland and York to be aiding and assisting in procuring the said Waggons out of the fol- lowing Townships, Vizt :
County of York-Mananghan, 2 ; Warrington, 6; Huntingdon, 6; Reading, 6; Dover, 3; Newberry, 6; Manchester, 6; Hal- lam, 4; Yorktownship, 4 ; Yorktown, 2; Hopewell, 2; Chance- ford, 2; Fawn, 4; Shrewsberry, 4; Windsor, 6; Codorus, 6; Heidleberg, 6; Germany, 6 ; Paradise 6; Berwick, 4; Mount- joy, 3; Mountpleasant, 3; Straban, 3; Tyrone, 4; Manallin, 3 ; Cumberland, 3 ; Hamiltonban, 3; Manheim, 5-118.
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County of Cumberland .- East pennsborough, 12; Allen, 10; Middleton, 10; West pennsborough, 10; Newtown, 10 ; Hopewell, 10; Lurgan, 10; Letterkenny, 10; Guilford, 10; Hamilton, 10; Peters, 12; Antrim, 12-126.
In Council of Safety. -
Thursday November 20th, 1777.
Present his Excellency the President, Hon'ble Vice President, Colonel Morgan, Doctor Gardiner, Mr. Baily, Mr. Sergeant, Mr. Marshall, Mr. Orndt, Mr. Edgar, Mr. Hambright, Mr. Whitehill.
On the application of Mr. John Mease of the Troop of light Horse of the City of Philadelphia, that 3 Waggons may be em- ployed by him to Remove his household goods and effects from Trenton in New Jersey to Lancaster County in this State; The Council, in consideration of his spirited services in said Troop, and other good grounds, grant him their protection in the use of said three Waggons as aforesaid, and do forbid the impressing of them.
It appearing to Council that a certain Thomas Bulla (Son of Thomas Bulla) of Sadsbury Township, Chester County, has by writing endeavoured to discourage people from taking up arms in defence of this Country, and hath given false and injurious intelli- gence of Public affairs, and expressed the most violent enmity to the Cause of the United States, and the measures prosecuting by them ; Whereupon a warrant was issued to Apprehend the said Thomas Bulla, and bring him before this Council, to be dealt with according to Law.
In Council of Safety.
FRIDAY November 21st, 1777.
PRESENT :
His Excellency the President, Hon'ble Vice President, Colonel Morgan, Doctor Gardiner, Mr. Bailey, Mr. Sergeant, Mr. Marshall, Mr. Orndt, Mr. Edgar, Mr. Hambright, Mr. Mackey, Mr. White- hill, Mr. Henry.
The following Resolution of Congress, and order of the Board of War, was produced to Council by Mr. Henry :
" In Congress, November 18th, 1777.
" WHEREAS, Congress is informed that there is now in York- town a certain John Brown, who after the Enemy took possession
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of Philadelphia, came out of that City, as he says on private busi- ness, and obtained leave from our General to Pass into the Coun- try ; that after going through a part of this State he, the said John Brown, returned to Philadelphia, and is again come out without a Flag or pass from any General or other Officer in the service of the United States, pretending that he is charged with a Verbal message to Congress from General Howe : And Whereas such con- duct administers Just grounds of Suspicion that he is employed by the Enemy for purposes inimical to these States :
« Resolved, That the Board of War cause the said John Brown to be arrested and sent under guard to the Executive Council of Pennsylvania, to be dealt with as they in their Wisdom may deem fit and proper."
" Ordered, By the Board of War, in Virtue of the above Resolve of Congress, that the said John Brown be delivered to the care of and Custody of William Henry, Esquire, one of the Council of the said State, who is to Conduct the said John Brown to the Hon'ble the Council, at Lancaster, to be dealt with agreeable to the said Resolution of Congress,
"By Order of the Board, D .
" RICHARD PETERS, Secretary. " WAR OFFICE, York, Nov'r 19th, 1777." S
In Consequence of the foregoing resolution and order, the said John Brown was brought before Council, and after examination was committed to the common Jail of the County of Lancaster, for aiding & assisting the Enemies of this Commonwealth, and forming Combinations with them for betraying the United States into their hands.
Ordered, That the examination of John Brown be inserted in the Minutes of the Council, and is as follows :
The Examination of John Brown, late of Philadelphia :
" Who saith, that he left the City on the 4th of November, in- stant, in consequence of the application of Mr. Thomas Willing, who shewed this Examinant a note from General Howe, requesting to see him, (Mr. Willing,) that Mr. Willing told this examinant that General Howe desired to accommodate the difference, and pre- vent the effusion of human blood ; that he and his brother had full power to treat with Congress, as Congress, or any Men they should Appoint, provided they would Rescind Independency; that he (General Howe) desired this to be made known to some Member of Congress, And Mr. Willing desired this Examinant to be the 'Messenger ; that he (General Howe) would put them in the same State they were in 1763, and give them more priviledges than they" had ever Asked; that he did not desire us to lay down Our Arms
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nor cease from our preparations 'till matters were accommodated ; that upon such accommodation he would withdraw his Fleet and Army, and no Standing Army should be kept up in this Country ; And that the paper Currency should be established : That some of these Articles, of which the last was one, were added upon Mr. Wil- ling's Returning to General Howe, in Consequence of this Exami- nant's hesitating to come out without them, upon which this Exami- nant undertook the business, and engaged not to communicate his business to any person, until he should have first communicated it / to some Member of Congress; that this Examinant passed the Schuylkill in consequence of a Passport from the Aid-de-Camp of General Howe; that he passed General Potter in the Evening without Communicating his business to him, or obtaining a pass from him, and travelled up to the house of Mr. Robert Morris, at Manheim, and there waited from Thursday evening to Saturday Evening following, for the Arrival of Mr. Morris, And when he Arrived communicated the matter first of all to him ; that Mr. Morris then called in Mr. Duer, another Member of Congress, and these were the first persons to whom he revealed the business : And from Manheim he Returned to Lancaster, when he was first called before this Council, and Bailed by Mr. Morris and Mr. Duer, to go to York, and that he has communicated this business hitherto only to Mr. Morris, Mr. Duer, and now to the Members of this Council; but that he understood the matter had been mentioned by Mr. Morris and Mr. Duer, or one of them, to other members of Con- gress at York, and was there freely spoken of; but this Examinant was not called before the Congress, and that this Examinant had no Writing, or flag, or public testimonial, Relative to this business, from General Howe, or others in Philadelphia, except what passed by Word of Mouth between him and Mr. Willing, as herein before is mentioned and set forth. And this Examinant further adds, that he recollects Mr. Willing told him that General Howe assured him (Mr. Willing) that Great Britain would never give way to the Independence of North America; that more men would be out in the Spring, and they would Harrass our trade, so that we could not go on. Taken before me,
" JOHN BROWN.
"THO. WHARTON, Jun'r, President."
In Council of Safety. .
SATURDAY Novem'r 22d, 1777.
Present; his Excellency the President, Hon'ble Vice President, Mr. Bailey, Colonel Morgan, Mr. Mackey, Mr. Orndt, Mr. Ed- gar, Mr. Serjeant, Mr. Marshall, Mr. Whitehill, Doctor Gardiner, Mr. Henry, Mr. Hambright.
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COUNCIL OF SAFETY.
Ordered, That John Smith, a prisoner in the Jail of Lancaster, committed by Mr. Henry, for Seditious Speeches, &c., be discharged, he having testified Repentance, and the Justice being now satisfied that he may be set at liberty, on condition of his Marching to Camp with the Militia, as he offers to do.
In Council of Safety.
MONDAY Novem'r 24th, 1777.
Present, his Excellency the President, Hon'ble Vice President, Mr. Mackey, Mr. Bailey, Mr. Urie, Col'l Morgan, Mr. Whitehill, Mr. Marshall, Col'l Bayard, Mr. Orndt, Doctor Gardiner, Mr. Ser- jeant.
Ordered, That the Examination of John Brown, taken before this Council the 21st instant, be published, with remarks thereon, & That Mr. Vice President, and Mr. Serjeant be appointed to make a draft of Remarks for the consideration of Council.
Ordered, That no person be admitted to converse with Jno. Brown, now a prisoner confined in the Jail of this County, without leave of some one Member of this Council.
In Council of Safety,
TUESDAY Novem'r 25th, 1777.
Present, his Excellency the President, Hon'ble Vice President, Mr. Orndt, Mr. Bayley, Mr. Mackey, Colonel Morgan, Mr. Urie, Mr. Bayard, Mr. Sergeant, Mr. Marshall, Mr. Hambright.
Mr. Bayard and Mr. Urie, two of the Committee appointed 19th instant, to confer with the Delegates of this State in Con- gress on the subject of the depredations of the Indians on the frontiers, having produced a Letter from the President in closing a Resolution of Congress, which were Referred to the Hon'ble Ilouse of Assembly for their Consideration,
Ordered, That Ellis Pusey, Wm. Downing Gibbons, and Brown, do attend this Council at twelve O'Clock this day.
On application of Mr. William Harris that a Waggon which may be employed by him to Remove his effects from Springfield, in Chester County, to Fredericktown, in Maryland, be not impressed,
Ordered, That said Waggon be not impressed while in this State, and in the Pay of said Harris.
Ordered, That Mr. Adam Kimmel be impowered to hire two Waggons for Public service, or impress them if he find neces- sary.
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Resolved, That Colonel William Dean, Dr. Archibald McClean, and Colonel George Smith, be added to the Commissioners ap- pointed for the County of Philadelphia by an Ordinance of this Council the 21st October last, for seizing and securing the personal Estates of such persons as have Joined the Enemies of the United States of America.
The Committee appointed to made a draft of Remarks on the Examination of John Brown, Reported a draft, which was agreed to, and is as follows :
" The base Artifices of Tyrants are not less dangerous than their Arms; of this truth, the present Contest is one among a thousand examples. The British leaders have proved themselves alike bloody & deceitful. The faith of publick Proclamations, and even the words and sacred honour of their Chiefs in person, most solemn- ly plighted to Individuals for the protection of their property, have been violated. The misserable wretches starving in the Jails of New York and Philadelphia, were tempted to enlist with the Ene- my by assurances that General Washington had Refused to Exchange them, when, in truth, General Howe had broke the Cortel which he had settled, and had eluded every offer he had afterwards made, as fast as they were Complied with on our part. But above all, the Repeated Attempts of our Enemies to seduce the people of this Country from their virtuous efforts by the false Ideas of peace and Reconciliation, which they never meant, are highly insidious and delusive.
The last year General Sullivan, then a Captive, was sent by Lord and General Howe from Long Island to Philadelphia, with very plausible terms, but when a Committee of Congress waited on the British Commissioners, they Receded from everything they had told him. The opportunity, however, was very diligently, for the dou- ble purpose of blasting our negotiations in Europe, by Assurances to foreign Courts that the Quarrels was settled, and of striving to de- bauch the minds of the Americans with the pretence that Congress was Averse to peace ; thus at the very instant that their Emisaries were buzzing about in this Country, that Congress Refused to lis- ten to the most Reasonable terms of Accommodation, Lord Stor- mout was very industriously pledging his honour to the Court of France that the Treaty was far Advanced if not finally Ratified. No sooner was the World undeceived on this head, than the · attempt was Renewed through the means of the unfortunate General Lee ; but still the Commissioners declined to pledge themselves for any thing. Nothing appears from them; nothing in writing is sent forward, but the Commissioners were left at liberty to Retract and deny everything as soon as they had answered the end of misleading the people here, and Amusing foreign nations. And now, lo : Mr. John Brown is employed to tell a Ridiculous tale of peace, and at the same time a large number of Emissaries are let loose to propagate the story through the State. Still nothing ap;
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pears in writing; a mere Verbal talk from Mr. Willing, that he (Mr. Willing) had had a talk with General Howe. Were we a tribe of Savages, this talk would at least be accompanied with a belt of Wampum, but to us, not even the slightest token was vouch- safed. The sole word of John Brown is again to gull us into a sham treaty, which is again to be spread throughout Europe, to de- feat our most promising hopes from that Quarter, and again to de- ceive and mislead our own people, while his Excellency is again Ready to unsay all that he is pretended to have told Mr. Willing to tell John Brown, and to laugh at the mischief he has made. Friends and Countrymen, be not deceived. If Gen'l Howe has anything to propose to Congress, the way is oped to him thro' the usual Channels. He can send a flag of truce; he can write ; he is under no necessity of sending out an obscure Body like a thief or a spy, to steal through our Camp, without passports, without Li- cence. He can send a flag of truce to desire General Washington to prevent the cutting of boulting Cloths; does the settling a treaty of peace require less ceremony ? No; but a Message in writing by a flag of truce, is not so easily evaded. General Howe might be loth to deny his handwriting, tho' it seems, he has not hesitated to deny his word. France and Spain, are likely now to take a decisive part in our Quarrel; a few months perseverance will establish our liberty and Independence for ever, if we are not false to ourselves ; if we are not driven to and fro, and deceived by every Idle Artifice of our perfidious enemies ; trusting to Providence we may look forward with confidence to the hope of being speedily and forever delivered from the perfidy and Tyranny of Britain ; from the bloody and Vindictive Malice of our cruel enemies.
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