The New-Jersey gazette — Burlington [N.J.], 1778-09-23 00:00:00, page 1

laid Declaration of the Congress alludes : —nor do
they, on the other hand, mean to enter into an ex
planation of the conduct of a gentleman whose abili
ies and integrity require no vindication from them :
.3ut they think proper in justice to that gentlemen, as
veil as to themselves, and to the commission with
which they are charged, to fay, That in the many
conversations which he has had with them upon the
neafures adopted to reltore the peace of thele colonies,
the principle of all his reasonings seemed to be, that
he offers of Great-Britain were obviously adapted to
iromote and eftablilh the liberties, peace, opulence,
increase, security, and permanent happiness of the
inhabitants of this continent, and that those blessings
n an equal degree were not to be expeCted from any
rther connexion or mode of government whatever.
iVhen therefore, the King'c Commiflioncro tianfmil
ed to the Congress the acts of Parliament to exempt
he colonies for ever from British taxation, and to fe
:ure their charters and established governments : And
when they added that they were authorifed and de
irous to restore peace, —to revive free intercourse and
nutual affection, —to preserve the value and promote
he credit of the paper circulation, —to give latisfac
ion and security for ever on the fubjeCt of the mili
ary eftabliihments, and to extend every freedom to
rade, —they felt that they were enabled to ftipnlate,
ind had offered not only every thing that is, or can
>e, proposed by the French alliance, but also many
idvantages to this continent which can never by any
)offiWlity be derived from that unnatural connection.
Ind they remain aft&nifned at the calamities in which
die unhappy people of these colonies continue to be in
volved, from the blind deference which their leaders
yrofefs towards a power that has ever Ihcwu ihclfau
enemy to all civil and religious liberty, and whole
offers hi? Majesty's Commiffionersmart repeat, what
ever may be the pretended date and present form of
hem, were made only in consequence of the plan of
^ modation previously concerted in Great-Bri
fy. vet °'h a view to prevent the reconciliation
CTw'of - ^ prolong this deftrudtive war.
This affcittot bride on the credit of the follow
ing fads.
it is well .. c nto tT: whole continent, that pub
lic intimation c \. ^e: Ttdry propositions on the
part of Great-Bri % , o n to the British Parlia
ment, and confequvT)^ the whole world, in the
month of November i. A reasons for delaying
those proportions till after the recess for the holidays
were at the fame time given to the House of Commons.
It is equally well known, that the preliminaries of
a French treaty with which Ms. Simeon Deane iirrt
went to tea in the frigate called La Belle Poule, did
not bear date eatlierthan the 16th December.
It cannot be a secret to the Congress, that those
preliminaries led to a treaty of commerce only, and
were transmitted to Americain that ineonclufive form,
brcaule the conceflions made by France on the one
hand, were so unfatisfa&ory, and the conditions re
quired of America on the other, so exceptionable,
that the Commissioners of the Congress did not think
proper to proceed until they should be ipecially au
thorifed.
Mr. Simeon Deane, after having been some weeks
at sea, was obliged to put back into one of the French
ports, and returned to Paris. In the mean time the
Parliament had met again on the 20th of January,
and the propositions to be made, though not formally
Fated till the 17th of February, were occalionally,
during the whole interval, a fubjeCt of difeuffion, in
WHEREAS the Earl of Carlisle,
Sir Henry Clinton, Knight of
the Bath, and William Eden,
Esquire, three of his Majesty's
Commissioners, appointed with
Efficient powers to treat, consult,
thd agree upon the means of quieting dilorders now
übfifting in certain of the colonies, plantations and
jrovinces of North-America, <
HAVE received a Declaration of the American
Mongrels, dated the nth instant, which relates co a
gentleman with whom they have the honour to be
oined in commission, and is meant to aficCt him as
i Commissioner; they hereby think proper on their
>art solemnly to declare, that they had not any know
edge, either directly or indire&ly, of the letter and
ronverfation alluded to in the laid Declaration until
they saw them made public in the news-papers. At
he fame time, they do not mean either to imply any
iffent to the confirmation put on private correfpon
lence which the Congress have thought proper to pub
ifh, or to intimate a belief that any person could have
been authorifed to hold the conversation to which the
NEW-JERSEY GAZETTE.
[Vol. I.]
DECLARATION.
WEDNESDAY, September 23, 1778.
rill the preparatory debates upon the ft^te of the na
tion. It was during this interval, rind not before,
that France being informed of the liberal and exten
sive nature of the intended offers, thought it expedi
ent for the purpose of prolonging the war, and of
malting these colonies the instruments of her ambiti
cn, to new model and enlarge her proposals.
Still, however, the full powers are not pretended
to have been given to Mons. Girard before the 30th
January. And whatever time the treaties thus noto
riously flowing from the genercus measures of Great-
Britain may have been dated by the French MinifterS,
either in fact or by collusion, for the purpose of giv
ing an uncandid interpretation to the proceedings of
the British Parliament, whatever too may have been
the dates of the dispatches which accompanied thole
treaties, it is well known, that neither treaties, nor
letters notifying treaties, were sent from France be
fore the Bth of March.
When these particulars, together with all the other
circumstances attending the conduct of the French
Court towards these colonies, during the years 1775,
1776, and 1777, most of which must be well known
to the American Congress, are duly considered, the
designs of France, the ungenerous motives of her
policy, and the degree of faith due to her profeffions,
will become too obvious to need any farther illus
tration.
And his Majesty's Commissioners thought, and Fill
think, themselves entitled to expect, that the General
Congress should not, on the ground of such treaties,
even if the constitution under which they act had
authorized them, assume the deceive part which they
have taken without previously confuting the Alfem
blies of their different provinces, and making their
constituents acquainted with all the fads, upon which
a true judgment might be formed.
CARLISLE.
Ato-York, H. CLINTON.
August 26, 1778. Wm. EDE N.
By the Earl ^Carlisle, Sir Henry Clinton, and
William Eden, Esq. three of his Majesty's Commif-
Jioners, appointed with fufficient powers to treat, con
falt, and agree upon the means of quieting disorders
now fubJifling in certain of the Colonies, Plantations,
and Provinces of North-America.
UP ON a representation from the Commander in
Chief of His Majesty's forces, that the troops
lately serving under Lieutenant-General Burgoyne,
notwithftauding the solemn Convention entered into
at Saratoga, in which it is stipulated that the said
troops ihould have a free passage to Great-Britain,
are nevertheless, under various pretences, Fill detain
ed in New-England. The following Remonstrance
against the unjust detention of those troops, and re
quisition for their immediate release, on the conditi
on annexed to the article by which their passage to
England is stipulated, are now solemnly made to the
American Congress :
WHEREAS the means that have been deviled by
mankind to mitigate the horrors of war, and to faci
litate there-establishment of peace, depend on the
faith of cartels, military capitulations, conventions,
and treaties entered into even during the continuance
of hostilities: From whence al. nations have agreed
to observe such conventions, as they revere the sa
cred obligations of humanity anijuftice, and as they
would avoid the horrid practice A retaliations, which
howeverjnfily due to the guilty, in such cases but too
frequently fall on the innocent.
And whereas upon these coniderations, all breach
of faith even with an enemy, and all attempts to elude
the force of military convention, or to defeat their
salutary pypofes by evasion or clicane, arejuftly held
in deteftatipn, and deemed unworthy of any descrip
tion of perlons assuming the chancier or stating them
selves as the representatives of rations.
And whereas it was ftipulatec in the second article
of the Convention, entered into it Saratoga, between
Lieutenant-General Burgoyne and Major- General
Gates, " That a free passage begranted to the army
" under Lieutenant-General Birgoyne to Great-Bri
" tain, upon condition of not feving again in North
" America during the present Onteft ; and the port
" of Boston is assigned for theeutry of transports,
“ whenever General Howe Aiallfo order :"
His Majesty's Commissioners now founding their
claim on this article, join with the Commander in
Chief of His Majesty's forces in 1 peremptory requi
sition, That free entrance into tie harbour of Borton
be given to transports for the inmediate embarkati
on of the said troops ; and that they be allowed to
depart for Great-Britain in termiof the said Conven
tion. And the said Commiffiohrs, in order to re
move every supposed difficulty, ir pretence for delay
THE
To the Earlof CAR LISLE, Sir HENRY CLINTON.
Knight of the Bails, and WILLIAM EDEN, Esq.
YOU R pKeertenetco must be sensible, that it does
not comport with the measures of Congress to
make any obfervatiohs upon your declaration of the
26th of August. But as it was evidently calculated
for the people, I make 110 doubt you will be glad to
know what etfe& it is likely to produce; and that
your Excellencies may form some opinion, I take the
liberty to ihew you in what light it is considered by an
individual: Kaleat quantum roalere poteft. Ido not
flatter myfelf that my observations upon your appli
cations to Congress are very agreeable to you: How
ever, I am in no degree difeouraged from writing a
third letter to your Excellencies.
It feeins the declaration of Congress on the 11th of
August, drew forth yours of the 26th. The storm of
military war has loft its violence ; on your part it has
spent itfelf; you now affaif us with words.
You are pleased " solemnly to declare," that you
had not any knowledge, either dire&ly or indirectly,
of the letters and conversation alluded to in the de
claration of Congress, until you saw them made pub
lic in the news-papers. This declaration related to
your colleague, George Johnftone, Esq. nor did it
charge your Excellencies with a privity to, or parti
cipation in his very exceptionable condtiCt. Unaccufed,
you have thought proper to endeavour to exculpate
yourselves; a circumstance which strongly brings to
my recollection a rule which Charles the Firrt recom
mended to his favourite Stafford, as one that may
serve for a statesman, courtier or lover —“ never to
make a defence or apology before you are accused."
Without doubt, your Excellencies will not be at a
loss to comprehend the meaning of the royal hint.
That you would publicly have assented to the con
rtrudion Congress gave to Governor Johnftone's con
duCt, or that you would intimate a belief that any
person was authorized to hold the conversation stated
to have been held with Ms, Reed, “ to engage his.
interest to promote the object of your commission,"
was not expected. Neither was it imagined, that
there was any obligation upon you to vindicate Mr.
Johnftone's " abilities and integrity." The firft we
never doubted, till we saw his declaration of the 26th
of August ; the last he himfelf has not even attempt
ed to vindicate; and I mark this as an instance of
his prudence: It is laudable to point out merit
wherever it is diftinguilhed. On the other hand, it
is also proper to observe the public shader of a pub
lic character : The Governor appears to have loft that
calmness and circumfpe&ion necessary in the profef
fion of a statesman. The declaration of Copgrefs has
precipitated him into abuse, mirtake and contradic
tion. He censures Congress for bowing to a French
AmbafTador ! Did his Britannic Majesty never bow to
a French Ambafi'ador? The Governor thinks"many
individuals" of Congress " now entertain different
in the execution of this treaty, arising from any part,
real, apparent, or supposed infraction of it, by word
or writing on the fide of either party, hereby offer
to renew, on the part of Great-Britain, all the stipu
lations of the said Convention, and particularly to
ratify the condition annexed to the second article
thereof above recited, by which those troops are not
to serve agriin in North-America during the present
contest.
And this Requisition, dated at New-York, on the
26th of August, 1778, is now sent to the American
Congress for their direct and explicit answer.
CARLISLE,
H. CLINTON.
Wm. EDEN.
To His Excellency Henry Laurens, Esq.
the Prefdent, and others the Members of
the Congress, met at Philadelphia.
WHEREAS Congress did, on the eighth day of
January, ? 778, Resolve, " That the embarkation of
Lieutenant-General Burgoyne, and the troops under
his command, be suspended till a diftinft and expli
cit ratification of the Convention of Saratoga shall be
properly notified by the Court of Great-Britain to
Congress
Refolded, That no ratification of the Convention of
Saratoga, which may be tendered in consequence of
powers which may reach that case by conftrudion
and implication, or which may fubjeft whatever is
transacted relative to it to the future approbation or
disapprobation of the Parliament of Great-Britain,
can be accepted by Congress.
Publifed by order of Congress,
CHARLES THOMSON, Sec.
In 'C ONGRES S, Sept. 4 tb, 1778.
[Numb. 42.]