USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 109
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After retreating a considerable distance, the enemy took a strong position. General Washington, although many of our men were falling with thirst, heat and fa- tigue, resolved to renew the action, and made his dispo- sitions for that purpose, but night prevented their final execution.
We encamped on the field of battle with a view of re- commencing the action in the morning, but Sir Henry deemed it prudent to evade this, by retreating in the dead of night; after having interred many of his killed, yet leaving us to bury some of his distinguished officers, and 245 of his soldiers, besides taking charge of a great number of his wounded. Our loss in this affair consists of a few gallant officers killed and wounded, and many brave soldiers in a similar state.
Every general and other officer, (one excepted,) did every thing that could be expected on this great
occasion, but Pennsylvania showed the road to victo- ry." Signed,
ANTHONY WAYNE.
The palm of victory was certainly Washington's on this day; although his triumph was not complete. Had his generals concurred with him as to the advisability of a general action, and not by an almost unanimously ad- verse opinion "trammelled his conduct and circumscri- bed his views;" had not the advanced corps, by pre- cipitately falling back, surprising and confusing the troops which were rushing to its aid, and in conse- quence requiring different and instantaneous arrange- ments to be made in the front of a gallant foe who had every thing at stake-the 28th of June, as the 4th of Ju- ly, would have been altogether "Worthy of adoration, and ever adored."
Sir Henry Clinton, in his official statement, reported his dead and missing at four officers and one hundred and eighty-four privates, his wounded at sixteen officers and fifty-four privates. "The stubborn fact" of burying the dead contradicts the correctness of Sir Henry's statement. He left on the field of battle, independent- ly of those whom his own troops interred, 4 officers and 245 privates, whose bodies were buried on the field by persons appointed for that express business, and whose report was handed to the commander in chief. Some others were afterwards discovered and interred, increa- sing the amount to upwards of 300. This was not the only deception of the kind used by the British comman- ders during the revolutionary war, they made use of ev- ry art to prevent a knowledge of their numbers in killed and wounded.
The following is an extract of a letter of Gen. Wayne, to a friend, on this subject.
Paramus, 12th July, 1778.
"We have been in perpetual motion ever since we crossed the Delaware, until yesterday, when we arrived here, where we shall be stationary for a few days, in or- der to recruit a little after the fatigue which we have experienced in marching through deserts, burning sands, &c. &c.
The enemy, sore from the action of the 28th ult. seem inclined to rest also. . They are now in three divisions: one on Long Island, another on Staten Island, and-a third in New York.
The victory on that day turns out to be much more considerable than at first supposed. Col. Butler, who remained on the ground two or three days after the ac- tion, says that nearly three hundred British had been bu- ried by us on the field, and numbers discovered every day in the woods, exclusive of those buried by the ene- my, not much short of one hundred. So that by the most moderate calculation, their killed and wounded must amount to eleven hundred, the flower of their ar- my, and many of them of the richest blood of England.
Tell those Philadelphia ladies, who attended Howe's assemblies and levees, that the heavenly, sweet, pretty red coats-the accomplished gentlemen of the guards and grenadiers have been humbled on the plains of Monmouth. The knights of the Blended Roses and of the Burning Mount, have resigned their laurels to Rebel of- ficers, who will lay them at the feet of those virtuous daughters of America, who cheerfully gave up ease and affluence in a city, for liberty and peace of mind in a cottage." Adieu, and believe me
Yours most sincerely,
Signed, ANTHONY WAYNE.
Sir Henry having in the night escaped from his ad- versary, as has been mentioned, took a strong position on the high grounds at Middletown; where, after remain- ing a few days, he proceeded to Sandy Hook, whence he passed his army over to New-York. Washington af- ter paying the last honours to the gallant dead, soothing the minds and administering to the relief of the wound- ed, proceeded by easy marches to the highlands of the Hudson.
Major General Lee was arrested upon sundry char-
390
ANTHONY WAYNE.
[JUNE
ges, founded on his conduct at the battle of Monmouth, tried, reported guilty, and sentenced to be suspended from his command for twelve months. "The effect of which was, says an elegant writer of military events of that day, "that the veteran soldier, who had relinquish- ed his native country to support a cause dear to his heart, became lust to that of his adoption, and soon af- ter lost to himself: as the few years he survived seem to have passed in devotion to the sway of those human tor- mentors, envy and hate."
General Lee, during the course of his trial, having made some severe strictures on General Wayne's testi- mouy before the court martial, the latter officer sent him a 'message' immediately after the close of the cam- paign. It appears that this was the only instance, in the public or private life of General Wayne, in which he ever felt himself bound to avenge what he may have deemed an insult, in a similar manner; nor is it known that he was ever 'called out,' by a like procedure. He was careful not to give offence, and therefore he was the more likely not to receive any.
The sequel will prove that really brave and honorable military men can soon forgive, if not forget their differ- ences, or that they can peaceably adjust them without the ceremonious intervention of others, who too fre- quently cause bloodshed-in the detestable practice of duelling.
It will also show that General Lee, although of a very warm temperament of mind, could regulate it in such a manner as to afford conclusive evidence not only of a great mind, but of a most noble and magnanimous heart.
Elizabethtown, 7th Jan. 1779.
Sir-The very severe strictures which you were plea- sed to make on my evidence in the course of your trial on account of the action of Monmouth, and the ungen- erous, though free manner, in which you affect to treat my opinion and military character in that, and a late publication in Mr. Dunlap's paper, give a sensation which I can more readily feel than express.
If it was your intention by these strictures to injure my military character in the eyes of the world, I know that you will have the candour to acknowledge it, as well as courage to accept my demand of honourable re- dress. Interim, I am your most obedient,
Humble servant,
ANTHONY WAYNE.
Major General LEE.
Elizabethtown, 8th Jan. 1779.
Sir-That I should not have a right to show, when my life, fame and fortunes are at stake, the unsoundness of any opinion delivered by an evidence on the part of the prosecution, is left for the present humor of the times. You thought that we ought to have staid in a certain po- sition; I think your opinion on this point erroneous, and I have said so. If this is treating your military character with contempt, I am guilty, but in no other respect.
I can honestly assure you that I have acted with the greatest candour towards you on every occasion, when you have been mentioned as the author of my wicked prosecution, for so I must think it, I have totally excul- pated you from the charge, and have done justice to your courage and integrity. With respect to my pub- lication in Dunlap's paper, I give you my word and ho- nour, than any further than condemning the position which you seemed to approve of, I never had you or any one of the evidences in my thought-perhaps you have conceived some expressions made use of in this paper as alluding to you, when they alluded to the proceed- ings of the court, which you will see in some strictures I shall soon publish. I will now seriously conjure you to consider whether the step you are now taking will not hurt you more in the opinion of the world than any thing I have said. However, if you persevere in your intention, as soon as I have taken a final leave of Con- gress, published my case to the world at large, and am sufficiently recovered from my late accident to act with
vigour, I will not decline your invitation; although, at the same time, I cannot help expressing my concern that a man of your courage, and (I believe, firmly, in- tegrity,) should appear in the list of persecutors of a man already too much persecuted for the honour of this country, which I will venture to say has been twice sa- ved from destruction by the very man who now is the object of general slander, abuse, and very injurious treatment.
In the mean time, sir, Your most obedient servant, CHARLES LEE.
General WAYNE.
Elizabethtown, 8th Jan. 1779.
Sir-That you have a right to differ in opinion with me, or any other gentleman, on a point where 'your life, fame and fortunes are at stake,' I readily grant, and that you have also a right to condemn any position which, in your opinion was improper; but I must still be permitted to think, that you had no right to take such free liberty, in other instances, with the mili- tary character of one who never injured you further than as an evidence with regard to the transactions of that day. You do me great injustice when you place me in the list of your persecutors. I should be the last man in this country that would be guilty of such a piece of cruelty, unless it be deemed persecution to ask re- dress for my injured character.
I very sincerely lament the illiberality of some per- sons, who may be truly called persecutors, and who have attacked your character in the public prints in an unwarrantable and unmanly manner, to give it no harsh- er terms; and I assure you my feelings have been much hurt by the perusal of those attacks.
When you have taken your 'final leave of Congress, published your case to the world, and sufficiently recov- ered from your late accident to act with vigour,' I shall expect to hear from you.
Interim, I wish you every comfort, And am your most obdt. humble servant,
ANTHONY WAYNE.
Major General LEE.
Berkeley County, Aug. 11th, 1779.
Dear Sir-You will do me the justice to acknowledge, that at the time I was taught to think, I am sure without foundation, that you were one of the most active in my prosecution, I gave it, as my opinion, that you were a brave officer and an horest man. You must likewise re- collect, that when you sent me a certain message, at E- lizabethtown, I told you that if I was appointed to a command, and had my choice of brigadiers, you should be one of my first election. I hope, therefore, that what I am now going to say you will not consider as paying my court in this your hour of glory, for as it is, at least, my present intention to leave this continent, where I have been scurvily and ungratefully treated, 1 can have no interest in paying my court to any individual. What I shall say, therefore, is dictated by the genuine feeling of my heart. I do most sincerely declare, that your ac- tion in the assault of Stony Point, is not only the most brilliant, in my opinion, through the whole course of the war on either side, but that it is one of the most brilliant I am acquainted with in history, the a sault of Schweid- nitz, by Marshal Laudun, I think inferior to it. I wish you therefore, most sincerely, joy of the laurels you have deservedly acquired, and that you may long live to wear them; and if you have leisure, as I am curious in these details, to inform me of the particular order of your disposition, you will much oblige one who is, with- out flattery, with respect, and no small admiration,
Your most obedient humble servant, CHIARLES LEE.
Brigadier General WAYNE.
Light Infantry Camp, Heights of ? Haverstraw, 20th Oct. 1779. 5
Dear Sir -- I received your very polite favour of the 11th of August, some time since, but my papers and
1829.]
PROCEEDINGS OF COUNCIL,
391
baggage being at a distance, I could not comply with your request so soon as I wished.
Enclosed you will find the disposition of attack, and sketch of Stony Point.
The encomiums you are pleased to pass on that affair afford me peculiar gratification, because they come from a gentleman of the first experience, and one whose military talents stand very high both in Europe and A- merica. Give me leave to assure you, sir, that if I have fought with some success, your approbation of my con- duct adds not a little to the pleasure I experienced on that occasion.
I am with much esteem, Your most obedient servant, ANTHONY WAYNE. Major General LEE. ( To be continued. )
PROCEEDINGS OF COUNCIL. THURSDAY EVENING, JUNE 11th
Petitions were presented for repaving Chesnut street between Second and Third streets, for paving Rasp- berry Lane, for paving Norman's Alley, and for an al- teration in the openings into the common sewers in Walnut street below Tenth. They were referred to the Paving Committee.
Mr. Johnson presented the following:
To the Select and Common Councils.
The paving committee (leem it a duty they owe to themselves, briefly to state to Councils, that on enter- ing on the duties of their appointment, they have unan- imously resolved to devote more than the ordinary por- tion of their time to the promotion of the public good.
They have endeavoured by every means in their power, to direct the City Commissioners in such man- ner and mode, by which the public work might be exe- cuted, as in their opinion seems best calculated to ad- vance the interest of their constituents.
That in the discharge of those duties devolved on them, by virtue of the authority vested in them by Councils, it is with reluctance they have experienced a series of disappointments, such as in the opinion of the committee demands the attention and immediate inter- ference of councils.
They therefore respectfully and earnestly beg leave to offer the following resolution for the consideration of councils.
Resolved, by the Select and Common Councils that the committee of accounts, (in conjunction with the paving committee,) be requested to institute an inqui- ry into the conduct, and to examine the accounts of the City Commissioners; to ascertain the amount of mo- neys drawn in their favor, and to what appropriations such moneys are charged, and to ascertain whether in their opinion, there is sufficient work done for the amount so drawn-whether proper vouchers have been produced to authorise such drafts, and that said com- mittee be authorised to report by bill or otherwise, such alterations in the ordinances prescribing the du- ties of the city commissioners, as in their opinion may appear most conducive to the public interest.
Mr. Page objected to the subject being referred to a committee which, from the phraseology of the resolu- tion, appeared to have already formed an opinion of the conduct of the commissioners. The City Commission- ers are our servants: bound to obey our directions, but they ought to be judged impartially. He thought the subject ought to be referred to a special committee.
Mr. Johnson replied that the paving committee and the committee on accounts were better calculated than any special committee could be to make the investiga- tion.
Mr. Bladen thonght it very incorrect for the paving committee to be judges and acusers also.
Mr. O'Neil moved to amend the resolution by strik- ing out the words, "and to ascertain whether in their
opinion, there is sufficient work done for the amount of money so drawn."
Perhaps the paving committee were not the best judges if the quantity of work done was proportioned to the amount of money expended. The object of the resolution would be attained, if these words were omit- ted, as well as it could be if they were retained.
Mr. Baker inquired what else was the object of the inquiry, than to see if more money had not been expen- ded than ought to have been for the work done.
Mr. O'Neil, thought that the adoption of the resolu- tion, and the publication of the report, in the papers, might lead the public to prejudge the Commissioners.
Mr. Johnston said it would be recollected, that at the first meeting of the Councils after the election, when it was not known who were to be the Commissioners for the present year, he brought forward a resolution directing an inquiry to be made if any alterations were necessary in the ordinances prescribing the duties of these officers. Owing to the clashing that there had been, between the Commissioners and the committee of Penn Square, he did not deem it expedient to press the business then; but he was now very anxious for such arrangements to be made that there should be no more collisions between the Commissioners and the commit- tees of councils.
The amendment was negatived.
Mr. Page did not vote for the amendment: because his intention was to oppose the adoption of the resolu- tion. Was there one individual in the room who had not received the impression that the Paving Committee had discovered something in the conduct of the Com- missioners they thought wrong; and yet this very com- mittee is to sit in judgement on the Commissioners. They have formed an opinion, and then ask for author- ity to institute an inquiry. Is this a just mode of pro- ceeding?
Mr. Linnard the President of the Common Council, though he did not exactly approve of the wording of the resolution, voted for it, because he thought it the - readiest way of bringing to a conclusion a dispute be- tween the Commissioners and the committe whether the cheapest way of doing the public work was by con- trac't or by days' labour.
Mr. Bladen said it had not been mentioned in the course of debate that this was the matter of dispute be- tween the Commissioners and the Committee.
The resolution was then adopted.
A petition was received from the Southwark Hose Company praying for certain alterations in the door of their Hose House. On motion of Mr. O'Neil, a reso- lution was adopted directing the work to be done.
Mr. Johnson presented the following:
The Paving Committee beg leave to suggest to Coun- cils, the propriety of paving Broad street within the limits of Penn Square, for the following reasons-
The Committee on the improvement of that square are desirous that the circular pavement on the south side, should be taken up, in order to enable them to go on with their intended improvements, the paving and curbstone forming that circle would be more than suffi- cient to finish Broad Street within the limits of the square, the hauling of which (together with the gravel underneath) would be trifling in comparison to that of procuring those materials in the usual way, and the earth removed from Broad street would be sufficient to fill up the grass-plots.
The Committee have instructed Samuel Haines, City Surveyor, to draw a plan, and drive stakes for the line of footways, leaving the stone pavement fifty feet wide and footways thirty one feet six inches each, with two rows of trees on each footway, forming a handsome promenade, similar to that fronting the State House and other public buildings on Chesnut street. .
The Committee therefore beg leave to present an or- dinance on that subject, for the consideration of Coun- cils.
392
PROCEEDINGS OF COUNCIL.
[JUNE
The ordinance was passed. The following was adopted on motion of Mr. Read? Resolved by the Select and Common Councils, That a Committee of two from each Council be appointed to inquire into the expediency of providing by ordinance for the removal of Collectors of the City Taxes in cases of delinquency, and for any other alteration in the mode of collecting taxes which may be rendered ne- cessary by experience.
On motion of Mr. Worrell the following was adopted:
Resolved by the Select and Common Councils, That the City Commissioners (under the superintendance of the Paving Committee ) be directed to cause Broad street, within the limits of Penn Square, to be paved 80 soon as the Paving Committee deem it practicable. Mr. Read presented the following:
The Committee to whom was referred the letter of the Mayor, of the 30th April last, relative to the Lega- cies of Dr. Franklin and Mr. John Scott, Reports
That according to the will of Dr. Benjamin Franklin, £1000 sterling was placed under the charge of the corporation of the City of Philadelphia, to be let only on certain terms and for certain purposes therein men- tioned. His principal objects, were to accommodate young married Artificers under the age of 25 years, with Loans of small sums of money not less than £15 nor exceeding £60-upon proper security the interest to be paid yearly together with one tenth part of the principal-and these sums as repaid to be again rein- vested in the manner, for the space of one hundred years-at the end of this period he calculated, that the funds would amount to £131,000 sterling -- and then he directs £100,000 of it to be laid out by the corporation in public works beneficial to the City, and especially recommends the supplying the city with water from the Wissahickon creek by bringing it in pipes, "which he apprehends can be done without great difficulty,the level of that creek being much above that of the city, and may be made higher by a Dam;" and he "also re- commends making theSchuylkill completely navigable. The remaining £31,000 he would have continued to be let out on interest in the manner before directed for another 100 years-at the end of which time he calcu- lates the fund would amount to £4,081,000 sterling, of which sums he leaves £1,061,000 to the disposition of the inhabitants of Philadelphia, and the remaining £3,- 000,000to the disposition of the government of Pennsyl- vania.
The then corporation of Philadelphia, accepted the trust and it was managed by a committee of the Com- mon Council until the year 1797.
By a resolution of the Select and Common Councils of the 4th December, 1797-the Legacy was placed un- der the care of the Treasurer who was directed to loan out such sums as he may receive on account of the said Legacy on such security as shall be approved by the Mayor or Recorder, and he was directed to keep a fair account of his proceedings-under this resolution it has been managed until the present time, The form of the Bonds has not varied from 1791-and the war- rant of Attorney contained in them to enter judgment, is only to enter up judgments in cases of a default in any one instalment with power to issue execution for that instalment, and each subsequent instalment as it may fall due and remain unpaid.
The nominal amount of the funds on the 1st January, 1828, was according to the ac- counts of the corporation published by the Treasurer,
$20,739 63 20,600 90
Of this amt. there was in outstanding bonds Of which amount of principal at interest at five per cent. per annum, (agreeably to the terms of the will) was, 16,870 00
From which deduct the original amount of the Legacy, £1000 sterling, or 4,444 44
Shewing a nominal increase of principal of $12,425 56
Some variation has taken place since the 1st Jan. 1828, but it is not of sufficient moment to notice in this report, as it will have no effect on the remarks of your committee, on the measures they shall submit to the consideration of Councils.
Of this large nominal amount of $20,600 90, your committee regrets to say, a very great proportion never will be re-paid, either principal or interest, and of course will be a dead loss to the fund, and interfere materially with the present utility of the Legacy, and the prospective benefits founded upon its gradual and certain increase.
The causes which have led, to this apprehended, nay certain loss-are such, as were perhaps not contem- plated by the benevolent Testater, and it becomes the duty of the Trustees of his charity if possible, to pre- vent their recurrence.
A great number of Bonds have been paid, not by their original borrowers but by their sureties, and this leads your committee to the inevitable conclusion that in such cases the Legacy has not fulfilled the intentions of the Testator.
In some cases it is believed that the money borrowed -has been shared between the borrower and the sureties. In one case the individual applying, his sureties having been approved, was discovered to be unmarried, and his application was of course refused-he called a day or two afterwards, and produced a regular cer- tificate of his marriage which had taken place in the' meantime, and obtained the amount, having brought himself within the words of the will. In other cases, the borrowers have been tenants of the Penitentiary- and in very many instances the borrowers and their su- reties have regularly taken the benefits of the insolvent Laws-or are dead leaving neither real nor personal estate.
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