1782. not be able to do bufinefs in confort with Mr. Adams.

When the fame had been communicated to congress, a committee was appointed to confer with the chevalier de Luzerne on the affair. A leading perfon in the committee was unwilling that the American minister fhould be facrificed to the displeasure of the French court, when the offence was occafioned by his zeal to ferve his country. It was therefore propofed, that he fhould be inftructed to do no one thing without the confent and approbation of the French court: but that he fhould attend to his former inftructions, and endeavour all in his power to obtain the fishery, &c. but not to make them a fine qua non. This did not fatisfy; for it was observed, that notwithstanding fuch inftructions, Mr. Adams might obftruct the negotiations by not joining in them. The faid perfon judging it would be fafest to put confidence in the French, moved that Mr. Adams should be ultimately directed and guided by the fentiments of the French court, which being agreed to and communicated, fatisfied the chevalier. Afterward it was thought advisable by fome of the fouthern delegates, that others fhould be joined with Mr. Adams; and accordingly congrefs agreed, that the honorable John Adams, Benjamin Franklin, John Jay and Henry Laurens, fhould be their commiffioners for negotiating a peace. Their commiffions were accompanied with the following inftructions-" You are to concur in behalf of the United States, with his most chriftian majesty, in accepting the mediation proposed by the emprefs of Ruffia and the emperor of Germany.-You are to accede to no treaty of peace, 1. which fhall not effectually fecure the independence and fovereignty of

the

the Thirteen States, according to the form and effect 1782. of the treaties fubfifting between the faid ftates and his most christian majefty; and 2. in which the said treaties fhall not be left in their full force and validity.-As to boundaries and other particulars we refer you to the inftructions given Mr. Adams, dated the 14th of August 1779, and 18th of October 1780. We think it unfafe at this distance to tie you up by abfolute and peremptory directions, on any other fubject than the two effential articles above-mentioned. You are at liberty to secure the interefts of the United States, in fuch manner as circumstances may direct; and as the state of the belligerent, and difpofition of the mediating powers may require. You are to make the most candid and confidential communications upon all fubjects to the minister of the king of France; to undertake nothing in the negotiation for peace or truce without their knowledge and concurrence, and ultimately to govern yourselves by their advice and opinion, endeavouring in your whole conduct to make them fenfible, how much we rely on his majesty's influence for effectual fupport, in every thing neceffary to the prefent fecurity or future profperity of the United States.-If a difficulty fhould occur in the courfe of the negotiation for peace, from the backwardness of the British to make a formal acknowledgment of our independence, you are at liberty to agree to a truce, or to make fuch other conceffions as may not affect the fubftance of what we contend for, and provided that Britain be not left in poffeffion of any part of the Thirteen United States."

The committee to whom was referred the memorial of the minister of France, were directed by congress to

1782.communicate confidentially to the said minifter, the fubstance of the foregoing inftructions. The commiffions and inftructions were fent to France foon enough to admit of their being received early in May.

Mar.

24.

April

12.

On Sunday the 24th of March, capt. Joshua Huddy, who commanded the troops at the block-house on Tom's river in Monmouth county, New Jersey, was attacked by a number of refugees from New York; and taken after defending himfelf gallantly till all his ammunition was expended. He was kept in clofe cuftody; and on Monday the 8th of April was told, "That he was ordered to be hanged." Four days after he was fent out with a party of refugees, and hanged about ten o'clock on the heights of Middletown. The following label was affixed to his breaft-"We the refugees, having with grief, long beheld the cruel murders of our brethren, and finding nothing but fuch measures daily carrying into execution-we therefore determine not to fuffer without taking vengeance for the numerous cruelties, and thus begin (and I fay may thofe lofe their liberty who do not follow on) and have made use of captain Huddy as the first object to prefent to your view; and further determine to hang man for man, while there is a refugee exifting. Up goes Up goes HUDDY for PHILIP WHITE." Philip White was taken by a party of the Jersey people on the 30th of March, and was killed in attempting to make his escape afterward.

When this affair was made known to gen. Washington, he propofed a number of queftions, on the cafe of captain Huddy, to the general officers and others, who were for retaliation. However, inftead of immediately

executing

executing an officer of equal rank with Huddy upon re- 1782. ceiving proofs of his murder, Washington wrote to Clinton, that unless the perpetrators of that deed were delivered up, he should be under the disagreeable neceffity of retaliating. On the 20th, he fent a letter to congrefs, with the copy of a memorial from the inhabitants of the county of Monmouth, and fundry affidavits refpecting the death of the captain; which produced the following refolution on the 29th-" That congrefs 29. having deliberately confidered the faid letter and the papers attending it, and being deeply impreffed with the neceffity of convincing the enemies of thefe United States, by the most decided conduct, that the repetition of their unprecedented and inhuman cruelties, fo contrary to the laws of nations and of war, will be no longer fuffered with impunity, do unanimously approve of the firm and judicious conduct of the commander in chief in his application to the British general at New York, and do hereby affure him of their firmeft fupport in his fixed purpose of exemplary retaliation." What alteration may be produced by the change of British generals, remains to be discovered. Sir Guy Carleton arrived at New York on the 5th of May, and is now commander May in chief of the king's forces in America. From his 5. tried and known humanity, it may be concluded with certainty, that no acts of barbarity will be fupported by his countenance.

Negotiations were carried on the last year between fome leading perfons belonging to Vermont and the British in Canada and New York; which produced jealoufies in the minds of feveral, who thought that the rulers meant to unite that country to Great Britain, con

trary

1782. trary to the wifh and without the knowledge of the in...

I.

habitants in general. Mr. Thomas Chittenden, the goJan. vernor, was addreffed in a letter of January the 1ft, upon the subject, by a gentleman of the first consequence; to whom he gave the most positive affurances, that fuch negotiations were fo far innocent, that there never was any serious intention of joining Great Britain in their attempts to fubjugate the United States. But the intercourse had undoubtedly a bad tendency; and gave the British some ground to hope, that they should annex the people of Vermont to their interefts.

General Washington wrote to gov. Hancock on the 31. 31st of January. The letter was upon public business, and urged the speedy pointed and effectual compliance of the ftate, with the requifitions of congrefs for completing their battalions; that fo all the fruits of the fucceffes of the preceding campaign might not be thrown away, by an inglorious winter of languor and inactivity. It insisted on the neceffity of having a powerful army early in the field. "Soon," fays the general, " might we hope to enjoy all the bleffings of peace, if we could fee again the fame animation in the caufe of our country inspiring every breast, the fame paffion for freedom and military glory impelling our youths to the field, and the fame difinterested patriotifm pervading every rank of men, as was confpicuous at the commencement of this glorious revolution." He preffed the furnishing of the recruits in season, and the establishing of checks to prevent impofitions as to the quality of the men, that none might be accepted but able bodied and effective, and that it might not be attempted to impofe upon them decrepid or improper men or boys as foldiers.

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