1777. ciding, in all cases, what captures on land or water shall be legal; of granting letters of marque and reprisal in time of peace; appointing courts for the trial of piracies and felonies committed on the high seas. The United States in congress shall be the last resort on appeal in all disputes and differences between two or more states concerning boundary, jurisdiction, or any other cause whatever; shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; of fixing the standard of weights and measures throughout all the United States; regulating the trade and managing all affairs with the Indians not members of any of the states; establishing and regulating post-offices from one state to another throughout all the United States; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the land and naval forces, and directing their operations. By the last article of the Confederation, every state shall abide by the determination of the United States in congress assembled on all questions which by this confederation are submitted to them: And the articles of this confederation shall be inviolably observed by every state, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every

Various

gress.

state.

These articles were proposed to the legislatures of all the United States, to be considered, with advice, that, if approved of by them, they would authorize their delegates to ratify them in the congress of the United States; "which being done," they were to "become conclusive."1

Congress resolved, That the flag of the thirteen United States acts of con- be thirteen stripes, alternate red and white; that the Union be thirteen stars, white in a blue field, representing a new constellation. Congress elected five major generals: lord Stirling, Thomas Mifflin, Arthur St. Clair, Adam Stephen, and Benjamin Lincoln.

M. de la Fayette appointed major gen

eral.

Congress, premising that, whereas the marquis de la Fayette, out of his great zeal to the cause of liberty, in which the United States are engaged, has left his family and connexions, and at his own expense come over to offer his service to the United States without pension or particular allowance, and is anxious to risk his life in our cause, resolved, That his service be accepted, and that, in consideration of his zeal, illustrious family and

1 Journals of Congress, iii. 502-510.

connexions, he have the rank and commission of major general 1777. in the army of the United States.1

chosen pre

Mr. Hancock, on account of his ill health, took leave of con- H. Laurens gress on the 29th of October, after presiding in that body two sident of years and five months; and, on the 1st of November, Henry congress. Laurens was elected president.

On the 22d of November, congress resolved, That all pro- Refuse all posals for a treaty between the king of Great Britain, or any of proposals of his commissioners, and the United States of America, inconsistent consistent treaty inwith the independence of said States, or with such treaties or with independence. alliances as may be formed under their authority, will be rejected by Congres. The same body also unanimously declared, Fleets and That these United States cannot with propriety hold any con- armies must ference or treaty with any commissioners on the part of Great drawn, or Britain, unless they shall, as a preliminary thereto, either with- Independdraw their fleets and armies, or else in positive and express knowledg terms acknowledge the Independence of said States.

be with

ence ac

ed.

It having been found, upon inquiry, that the proper types for Bibles to be printing the bible were not to be had in this country, and that the imported. paper could not be procured but with great difficulties and risk,

congress directed the committee of commerce to import 20,000 copies of the bible.

According to the recommendation of congress, the 18th day Thanksgiv of December was observed as a day of solemn thanksgiving and ing. praise throughout the United States.

Congress recommended to the respective states to raise in the Public tax. course of the next year, in quarterly payments, the sum of five millions of dollars, by taxes levied on the inhabitants.2

Vermont

The people on the New Hampshire Grants, being left by the Independdeclaration of independence in a situation attended with many ence oft difficulties, took the decisive measure of declaring their district asserted. an independent state, by the name of New Connecticut, alias

Vermont.3

On the 20th of May, a definitive treaty of peace was con- Treaty with cluded between the states of South Carolina and Georgia and Cherokees.

1 The five major generals were appointed 19 February; the marquis, 31 July. 2 In the following proportions:

3 This was done by a convention of representatives from the towns on both sides of the mountains, which met at Westminster 15th January. Williams, Vermont, ii. c. 5. from Records of the Convention. Vermont State Papers.

1777. the Cherokee Indians. At this treaty, the Cherokees ceded to South Carolina all their lands eastward of the Unacaye mountains, and retired beyond the Oconee mountains.1

Gen. Ward resigns.

Gen. Prescot taken.

Deaths.

In the spring of this year, general Ward resigned his military commission, and was elected one of the council in Massachusetts. He was succeeded on the Boston station by general Heath.

On the 10th of July, major general Prescot, commander of the royal army at Newport, was surprised in the night at his quarters on Rhode Island, and carried off by a small party of Âmericans under lieutenant colonel Barton.2

John Bartram, an eminent botanist, died, in the 76th year of of his age. Lionel Chalmers, of South Carolina, died at about the age of 62 years.*

1 Ramsay, Rev. S. Car. i. 155–159. Almon, Remembrancer, v. 343. The number of the Cherokee warriors at this time was 2021; of which 356 were of the lower towns; 908, of the middle settlements; and 757, of the overhills. Drayton, S. Car. 231-237. This cession, said to be three millions of acres, was expressly made on the ground of conquest.

2 This gallant officer took with him 38 men only, belonging to the state of Rhode Island; who went in boats from Warwick Neck. Of this party was Prince, a negro man, whose service is thus stated in the account of Prince's death. "Colonel Barton, with his confidential friend Prince, came to the door of the general's chamber, which was fast closed; Prince with a leap plunged his head against the door and knocked out the pannel, through which the colonel entered, surprised the general in his bed, and brought him and one of his aids safe to the main." Prince died at Plymouth (Mass.) in 1821, at the age of 78.

General authorities for this year: Gordon, i. Lett. 6-9; Ramsay, Amer. Rev. ii. 41-58; Stedman, i. c. 14-18; Washington's Letters; Journals of Congress; Marshall, ii. c. 2-6; Remembrancer; Annual Register; American and British Chronicle; Coll. Mass. Hist. Soc. ii. 91-132; Humphreys, Life of Putnam; Bradford, Mass. ii. c. 6; and Belknap's Hist. New Hampshire.

3 He was born near the village of Darby in Chester county, Pennsylvania. His grandfather, of the same name, came over with William Penn, the father of the colony, in 1682. Mr. Bartram corresponded with many of the most distinguished men of science in Europe and America. Linnæus, who was one of his correspondents, is said to have pronounced him "the greatest natural botanist in the world." He was elected a member of the most eminent foreign Societies and Academies, and at length was appointed Botanist to his Britannic majesty George III. He was the first American who founded a Botanic Garden, for the cultivation of indigenous as well as exotic plants; and may justly be styled "one of the fathers of Natural History in North America.”— William Bartram, one of his sons, accompanied him in many of his botanical tours; and is well known by his Travels through North and South Carolina, East and West Florida, &c. published in 1791. Miller, i. 515; ii. 367. Memoirs of Pennsylv. Hist. Society, i. 134. Allen, Biog.

4 Dr. Chalmers was born at Cambleton in Scotland, and came while very young to Carolina, where he practised physic more than 40 years. One of his essays was printed in the first volume of the Transactions of the London Medical Society. He prepared for the press an Account of the weather and diseases of South Carolina, which was published in London in 1776; but his most valuable work was an Essay on Fevers, printed in Charlestown in 1767. He was the first writer who treated of the soil, climate, weather, and generally of the diseases of South Carolina. He "left behind him the character of a skilful, humane physician, and a worthy, honest man." Ramsay, Hist. S, Car. ii. 451.

1778.

with

THE success of the Americans, in the campaign of the last Feb. 6. year, placed them on higher ground; and proofs of their own Treaties strength rendered it less difficult to obtain auxiliaries. Before France. the declaration of independence, congress had prepared a plan of a treaty to be proposed to foreign powers; and soon after sent commissioners to Paris, to solicit its acceptance by his most Christian majesty ; but, from their arrival in December 1776 to December 1777, they were kept in a state of uncertainty.1 "Privately encouraged, while publicly discountenanced," their prospects varied according to the complexion of American affairs. The capture of Burgoyne fixed the wavering politics of the French court; and on the 6th of February, Louis XVI. of France entered into treaties of amity and commerce, and of alliance with the United States, on the footing of the most perfect equality and reciprocity. In the treaty of alliance it was declared, that, if war should break out between France and England, during the existence of that with the United States, it should be made a common cause; and that neither of the contracting parties should conclude either truce, or peace, with Great Britain, without the formal consent of the other first obtained and they mutually engaged "not to lay down their arms until the independence of the United States shall have been formally, or tacitly, assured by the treaty or treaties that should terminate the war.'

12

After the close of the campaign of 1777, the British army retired to winter quarters in Philadelphia; and the American army, to Valley Forge. On the alliance of America with France,

1 Dr. Franklin, Silas Deane, and Thomas Jefferson, were chosen ; but, Mr. Jefferson declining the service, Arthur Lee was elected in his room.

2 The American commissioners at Paris wrote to congress on the 18th of December, 1777, acknowledging the receipt of Despatches of the 6th of October, dated at York Town. "They came to us by a packet from Boston, which brought the great news of Burgoyne's defeat and surrender, news that apparently occasioned as much general joy in France, as if it had been a victory of their own troops over their own enemies; such is the universal warm and sincere good will and attachment to us and our cause in this nation. We took the opportunity of pressing the ministry, by a short memorial, to a conclusion of our proposed Treaty, which had so long been under their consideration, and been from time to time postponed.-On signifying to the ministry the importance it might be at this juncture, when probably Britain would be making some proposition of accommodation, that the Congress should be informed explicitly what might be expected from France and Spain, M. Gerard, one of the secretaries, came yesterday to inform us by order of the King, that after long and full consideration of our affairs and propositions in Council, it was decided, and his Majesty was determined to acknowledge our Independence, and make Treaty with us of Amity and Commerce." MS. Papers of the late Chief Justice Dana. 36

VOL. II.

June 18. British evacuate

Philadel

phia.

1778. it was resolved in Great Britain immediately to evacuate Philadelphia, and to concentrate the royal force in the city and harbour of New York. In pursuance of this resolution, the royal army on the 18th of June passed over the Delaware into New Jersey. General Washington, penetrating that design, had previously detached general Maxwell's brigade to cooperate with the Jersey militia in impeding their progress, until he with the main army should fall on their rear. When the American army, in pursuit of the British, had crossed the Delaware, 600 men were immediately detached, under colonel Morgan, to re-enforce general Maxwell. The British army having passed up the east side of the Delaware to Allentown, its future course was dubious. Two roads led to New York; one by the way of Sandy Hook, the other by South Amboy, opposite to Staten Island and the North river. The last of these roads was the shortest, but in that direction the Rariton intervened, and the passage of that river in the face of an enemy, superior in number, might be difficult and dangerous; especially as intelligence had been received, that general Gates with another army was advancing from the northward to form a junction with general Washington near that river. The British general concluded to take the road which led to Sandy Hook; and when his army had proceeded some miles along this road, it encamped on the 27th of June on some high grounds in the neighbourhood of Freehold court house, in the county of Monmouth.

General Washington, hearing that the enemy were on their march in that direction, despatched brigadier general Wayne with a farther detachment of 1000 select men to strengthen the forces on the lines. The continental troops, now in front of the main army, amounting to at least 4000 men, general Washington sent the marquis de la Fayette to take command of them, and soon after, general Lee,' who with two additional brigades joined the front division, which was now under his direction, and encamped at Englishtown, a few miles in the rear of the British army. A A corps of 600 men, under colonel Morgan, hovered on the right flank of the British; and 800 of the Jersey militia, under general Dickenson, were on the left. General Washington with the main body of the American army encamped about

1 General Lee, who, having been exchanged for the British general Prescot, had rejoined the American army, was decisively of opinion, that it would "be criminal" to hazard an action. This opinion he had given in a council of war on the 24th of June, when every general officer, excepting Wayne, was decidedly against an attack. General Washington, who had uniformly been inclined to bring on a general action, at last took the sole responsibility on himself. General Lee, who had at first voluntarily yielded the advanced party to La Fayette, soon regretted his decision; and it was on his earnest solicitation for the command, that he was sent forward to support the marquis.