The fate of Traitors

Below you will find historical examples of the various penalties apllied to those that had betrayed the cause of their fellow American citizens. (There will be more material added as it is found). Some of which will show just how serious our forebears held to their cause. And, the extent to which they despised those that became Traitors to the common cause of Freedom and Liberty.

Journals of the Continental Congress,
TUESDAY, NOVEMBER 7, 1775

A letter from General Washington, No. 11, was read.1

[Note 1: 1 This letter is in Papers of the Continental Congress, No. 152, I, folio 255, and is printed in Writings of George Washington, (Ford) III, 190.]

The secretary having digested in order the resolutions of Congress, as far as they have gone on the report of the Committee of Conference, produced the same, which being read, and agreed to as follows:

Resolved, That the following additions and alterations or amendments, be made in the RULES and REGULATIONS of the continental Army, viz.

Ordered, that the same be transcribed in order to be forwarded by express to the General.1

[Note 1: 1 These additions and alterations were printed in the Pennsylvania Packet, 20 November, 1775.]



Journals of the Continental Congress,

SATURDAY, DECEMBER 30, 1775

...The Committee appointed to enquire into the grounds of the information, respecting a quantity of arms and ammunition being to be procured, report, that they have examined into the same, and have received intelligence that a quantity of arms and ammunition, and other articles are concealed in Tryon county, in which also there are several tories armed and inlisted in the enemy's service: Whereupon,

Resolved, That the said committee be directed to communicate the said intelligence to General Schuyler, and in the name of the Congress, desire him to take the most speedy and effectual measures for securing the said arms and military stores, and disarming the said tories, and apprehending their chiefs.1

[Note 1: 1 Against these two paragraphs in the "Corrected Journal" is written the word "Secret.".]

Resolved, That an order be drawn on the treasurers in favour of the said committee, for the sum of 40 dollars, for expediting the said business....



Letters of Delegates to Congress: Volume: 3

Committee of Congress to Philip Schuyler

Sir.

Philadelphia January 1st. 1776.

By the Extract from the Journal of the Congress and the Copies of two Depositions, inclosed herewith, you will percieve the purport of this application to you. (1) We have been informed by a certain John Conner whom we now send to you, that 53 Chests containing 25 Stands of Arms each, together with a Ton of powder were hid by him and certain Samuel Sutton, Arthur Redman, Robert Picken, Jas. McDonald (a Captain in his Majesty's Service) and Sir John Johnston, about 500 Yards from Sir John's House, on the 25th October last, and where we apprehend they still remain. It is the wish of the Congress that these arms and ammunition as well as all other arms & Indian Blankets at Sir John's, which belong to the Crown or may be likely to be used to the Injury of the Americans, may be immediately secured for the Use of the Continent, and that all such persons as you may find too dangerous to go at large be apprehended & imprisoned and all Scotch Roman Catholic Soldiers inlisted by Captn. McDonald, or other Tories in the Neighbourhood of Sir John, be disarmed.
We rest assured, you will exert every prudent & necessary Step immediately to accomplish the above, and with the utmost Secrecy collect as many Men as may be sufficient for the purpose. We are Sir with great Regard, Your most obedient, humble Servant.
Thomas McKean
ThomasLynch
John Jay

Tr (NN).
See JCC, 3:464, 466-67.

Letters of delegates to Congress, 1774-1789, Volume 3,

Richard Smith's Diary

Monday 1 January 1776

"We finished reading the Journal & sundry Passages were marked, according to Custom as improper for present Publication. Some Letters read. An Expedition agt. St. Augustine recommended to the Colonies of S. & N. Carolina & Georgia if the ruling Powers there shall deem it practicable. Report from the Comee. on Ld. Stirlings Letters partly agreed to, 1000 Dollars & 400 Weight of Powder was allowed, and partly disagreed to & recommitted. Much was said upon that Part of it relative to disarming & securing the Tories in N Jersey & in Case persons ordered to be secured by Authority would not surrender, then to put them to Death. During this Debate Wilson moved that all Persons in the 13 United Colonies who would not sign the Association should be disarmed and several written Propositions were made about disarming, securing & destroying such Tories as resisted an Arrest ordered by the present Authority...." 

Journals of the Continental Congress,

TUESDAY, JANUARY 2, 1776

...And, with respect to all such unworthy Americans, as, regardless of their duty to their Creator, their country and their posterity, have taken part with our oppressors, and, influenced by the hope or possession of ignominious rewards, strive to recommend themselves to the bounty of administration, by misrepresenting and traducing the conduct and principles of the friends of American liberty, and opposing every measure formed for its preservation and security,

Resolved, That it be recommended to the different Assemblies, conventions and committees or councils of safety in the United Colonies, by the most speedy and effectual measures, to frustrate the mischievous machinations, and restrain the wicked practices of these men: And it is the opinion of this Congress, that they ought to be disarmed, and the more dangerous among them, either kept in safe custody, or bound with sufficient sureties to their good behaviour.

And, in order that the said assemblies, conventions, committees or councils of safety, may be enabled, with greater ease and facility to carry this resolution into execution,

Resolved, That they be authorized to call to their aid, whatever continental troops, stationed in or near their respective colonies, may be conveniently spared from their more immediate duty; and the commanding officers of such troops, are hereby directed to afford the said Assemblies, conventions, committees or councils of safety, all such assistance in executing this resolution, as they may require, and which, consistent with the good of the service, may be supplied.

Resolved, That all detachments of continental troops, which may be ordered on the business in the foregoing resolution mentioned, be, while so employed, under the direction and controul of the assemblies, conventions, committees or councils of safety aforesaid....

Washington, George, 1732-1799: The writings of George Washington from the original manuscript sources: Volume 4, 1745-1799. [The Modern English Collection at the University of Virginia Electronic Text Center.]

George Washington to To Governor Nicholas Cooke

Cambridge, January 6, 1776.

"...I received a Letter from Governor Trumbull, of the 1st. Inst., by which I am informed, that the Connecticut Assembly are very unanimous in the Common cause, and, among others, have passed an Act for raising and equipping a fourth of their Militia, to be immediately Selected by voluntary Inlistments; with such other able effective men, as are not included in their Militia Rolls, who incline to inlist, to act as Minute Men for their own, or the defence of any of the United Colonies, and this under proper encouragements. Another Act for restraining and Punishing persons Inimical to us and directing proceedings therein. No person to supply the Ministerial Army or Navy; to give them Intelligence; to Inlist or procure others to inlist in their Service, to pilot their Vessels, or in any way assist them; under pain of forfeiting his Estate, and an Imprisonment not exceeding three years. None to write, speak or Act against the proceedings of Congress, or their Acts of Assembly, under penalty of being disarmed and disqualified from holding any office, and be further punished by Imprisonment &c. For Seizing and Confiscating, for the use of the Colony, the Estates of those putting, or continuing to shelter, themselves under the protection of the Ministerial Fleet or Army, or assist in carrying on their measures against us...."

Washington, George, 1732-1799: The writings of George Washington from the original manuscript sources: Volume 4, 1745-1799. [The Modern English Collection at the University of Virginia Electronic Text Center.]

George Washington to Major General Charles Lee

Cambridge, January 30, 1776.

"Dear Sir: I wrote you the 23rd. Inst. and then informed you that General Clinton had gone upon some Expedition with 4 or 500 Men. There is good Reason to believe that Tryon has applied for some Troops, and that he would join them with a great Number of Inhabitants; so that you will see the Necessity of your being decisive and expeditious in your Operations in that Quarter. The Tories should be disarmed immediately tho' it is probable, that they may have secured their Arms on Board the King's Ships, untill called upon to use them against us. However you can seize upon the Persons of the Principals. They must be so notoriously known, that there will be little Danger of your committing Mistakes, and happy should I be if the Governour could be one of them...."

Washington, George, 1732-1799: The writings of George Washington from the original manuscript sources: Volume 8, 1745-1799. [The Modern English Collection at the University of Virginia Electronic Text Center.]

George Washington To The President of Congress

Cambridge, February 9, 1776.

...I have tried every method I can think of to procure Arms for our Men; they really are not to be had in these Governments [belonging to the Public] 83 and if some method is not fallen upon in the Southern Governments, to supply us, we shall be in a distressed situation for want of them; there are near 2000 men now in Camp without Firelocks. I have wrote to the Committee of New York, this day, requesting them to send me those Arms which were taken from the disaffected in that Government, the Congress interesting themselves in this request, will doubtless have a good effect. I have sent Officers into the Country with Money to purchase Arms in the different Towns, some have returned and brought in a few, many are still out, what their success will be I cannot determine.

[The words in brackets are in the writing of Washington.]

I was in great hopes, that the expresses, resolved to be established between this place and Philadelphia, would ere now have been fixt. It would in my Opinion, rather save, than increase the expence, as many Horses, are destroyed by one Man coming the whole way, it will certainly be more expeditious, and safer than writing by the Post, or private hands, which I am often under the necessity of doing. 84 I have the Honor etc. 85

This letter was read in Congress on February 22; considered in Committee of the Whole on February 23; and committees appointed to contract for arms and encourage their manufacture, Another committee was appointed to encourage the manufacture of powder. On March 14 a general resolution was adopted recommending the disarming of the "notoriously disaffected to the cause of America" throughout the Colonies; the arms taken to be paid for....

Washington, George, 1732-1799: The writings of George Washington from the original manuscript sources: Volume 8, 1745-1799. [The Modern English Collection at the University of Virginia Electronic Text Center.]

George Washington to The Committee of Safety of New York,

Cambridge, February 10, 1776.

 Sir: Being in the greatest want of Arms at this alarming and important Crisis, for the Army under my Command, without the most distant prospect or hope of getting more from these Governments, than what I already have; I beg leave to solicit the favors of your Committee of Safety in this Instance, and earnestly request, that they will use their exertions to get and send to me, in the most expeditious Manner, all that they can possibly procure. I imagine that there are several belonging to the Colony, and have been informed of many Tories being disarmed, and therefore expect, that it will be in their power to obtain me a considerable supply; Whatever Quantity is sent me, I will take on the Continental Account and make payment for, with the Expences Incident to their transportation. This application being founded in necessity and arising from the exigency of our affairs, I make no doubt will meet your most ready and early attention, and that nothing will be wanting on your Part, to give me the most speedy relief. I am Sir, etc.

P.S. I wish to have only such Arms as are good and serviceable, and shall be glad to have Bayonets with them. 

Journals of the Continental Congress,
THURSDAY, MARCH 14, 1776

...I have now in a military capacity to the best of my recollectionmentioned every circumstance relative to the Defence and security of New York and Long Island, but think it my duty to observe that all these measures will be totally fruitless unless some precautions are taken with respect to the profess'd Enimies of American Liberty nested in the very spots where they can do the greatest mischief Queens County and Staten Island. The Bonds they have given are too ridiculous to be mentioned, the association they have signed they consider as forced upon 'em, and consequently null. When our own Troops are obliged to remain inactive from want of arms, when from this deficiency the Canada Expedition is at a stand, New York and Long Island left open to the invasions of the Enimy, is it not a most dangerious neglect, omission, or rather unaccountable infatuation, to suffer considerable Bodies of avowed Foes to be possessed of arms for your destruction? what possible advantage can result from such a false delicacy? I wou'd therefore humbly propose that the Inhabitants of Statten Island shou'dbe without loss of time be disarm'd and their arms delivered to some Regiment already raised but unfurnished with muskets. I do not imagine that the disarming the Tories will incapacitate them Forces from acting against us, as they can easily be supplied by the Ships. I shou'd therefore think it prudent to take secure their Children as Hostages if a measure of this kind (hard as it may appear) is not adopted, the Childrens Children of america maybe rue the fatal omission...

...Resolved, That it be recommended to the several assemblies, conventions, and councils or committees of safety of the United Colonies, immediately to cause all persons to be disarmed within their respective colonies, who are notoriously disaffected to the cause of America, or who have not associated, and shall refuse to associate, to defend, by arms, these United Colonies, against the hostile attempts of the British fleets and armies; and to apply the arms taken from such persons in each respective colony, in the first place to the arming the continental troops raised in said colony; in the next, to the arming such troops as are raised by the colony for its own defence, and the residue to be applied to the arming the associators; that the arms when taken be appraised by indifferent persons, and such as are applied to the arming the continental troops, be paid for by Congress, and the residue by the respective assemblies, conventions, or councils, or committees of safety:1

[Note 1: 1 Printed in thePennsylvania Gazette, 20 March, 1776.]

Resolved, That a copy of the foregoing resolve be transmitted by the delegates of each colony, to their respective assemblies, conventions, or councils, or committees of safety....

Letters of Delegates to Congress, "...to disarm all such as will not associate to defend the American Rights by Arms...", March 16, 1776

Journals of the Continental Congress,
WEDNESDAY, MARCH 20, 1776

...Whereas in the execution of the resolve of Congress of the 14th of March, respecting the disarming disaffected persons, many fire arms may be taken, which may not be fit for use to arm any of the troops mentioned therein: Therefore,

Resolved, That all the fire arms so taken, being appraised according to said resolve, none of them shall be paid for, but those that are fit for the use of such troops, or that may conveniently be so made, and the remainder shall be safely kept by the said assemblies, conventions, councils or committees of safety, for the owners, to be delivered to them when the Congress shall direct1

[Note 1: 1 Printed in thePennsylvania Gazette, 27 March, 1776.]....

At a General Assembly of the GOVERNOR and COMPANY of the Colony of Connecticut,

the fourteenth Day of June, Anno Domini, 1776.

...It is further RESOLVED, That the Fire Arms taken from Persons, belonging to this Colony, who are Enemies to this Country, and in the Hands of the Committees of Inspection, or others shall be marked with the initial Letters of the Owner's Names...

The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.

George Washington, General Orders

Head Quarters, Harlem Heights, September 22, 1776.

Parole Hampton. Countersign Newark.

The Court Martial of which Col Sage2 was President is dissolved--The Brigade Majors to form a new one immediately Col Magaw to preside, to meet to morrow at Head-Quarters, Nine O'Clock--The Brigade Majors to give notice to the officers of their respective brigades.

[Note 2: Col. Comfort Sage, of a Connecticut State regiment and, later, of the Connecticut Militia.]

There is a shameful deficiency of Officers at Guard-Mounting and other duty--The Brigade Majors are to put in Arrest, any officer, who being warned, does not attend his duty, unless excused by the Brigadier General. The many Complaints that are hourly made of plundering both public and private property, induces the General to direct that every Regiment be paraded at five O'Clock this evening, the Knapsacks and Tents of the whole to be examined under the inspection of the Field Officers, and all Articles, not the proper Baggage and Accoutrements of a Soldier, set apart, and kept by the Colonel, or commanding Officer, 'till Inquiry can be made, how they came possessed of them--A Report is expected from the commanding Officer of the Regiment, to Head Quarters, whether any Articles are found, or not--And the General depends upon the Honor of the officers, to inspect carefully, and make a faithful Report.

It is with particular pleasure that the General has it in his power to inform the officers and soldiers, who have been wounded in their Country's Cause, and all others whose lot it may be to be disabled, that The Congress have come to the following Resolution (Viz)

That Officers and Privates, loosing a Limb in any Engagement, or who shall be so disabled in the service of the United States of America, as to render them incapable of getting a livelihood, shall receive half of their Monthly-Pay, during life, or the continuance of their disability, from the time their pay ceases as officers, or soldiers.

Also such officers, or soldiers, as are wounded in any Engagement, and rendered incapable of service, tho' not totally disabled from getting a livelihood, shall receive Monthly, such Sums towards their Subsistence, as the Assembly, or Representative Body of the State, they belong to, or reside in, judge adequate; they producing in the cases above-mentioned, to the Committee, or Officer appointed to receive the same, in the State, where they reside, or belong, or to the Assembly, or Legislative Body of such State, a Certificate from the Commanding Officer, who was in the Engagement, in which they were wounded, or in case of his death, from some other officer of the same Corps, and the Surgeon that attended them; of their names, office, rank, department, regiment and company, the nature of their wounds and in what action or engagement they were wounded.3

[Note 3: The resolves of Aug. 26, 1776. They were published, by order of Congress, in the Pennsylvania Gazette of Sept. 4, 1776. As quoted in General Orders, they vary in verbal particulars from the text in the Journals of the Continental Congress.]

The Brigadier of the day, where the Guards mount at the lines, is to give strict charge to all the officers, not to suffer any person whatsoever, to go beyond the out-Sentries, without an Order in writing from himself--All the Sentries are to be informed of this, and if any person whatever presume to disobey the Orders, they are to fire upon in the same manner as they would do on a common Enemy. Any persons coming in from the Enemy's lines are to be carried to the Brigadier of the day immediately for examination, who is to take their information in writing, and send it with the person or persons to the Commander in Chief--The Brigadier is to see that a chain of Sentries extend from the North River to Harlem River, beyond which no Stragglers are to pass.

The officer commanding the Scouts, is to attend at Head Quarters, at seven O'Clock, every morning, to know if there are any orders for these Corps.

The commanding Officers of the several Regiments, are to be particularly attentive, in seeing that their men are supplied with Ammunition, and that they account regularly for the Cartridges delivered to them: They are not to suffer any Pieces to be discharged at Retreat-beating, but such as will not fire in an Engagement, and cannot be drawn. The great Waste of Ammunition is such, that unless the officers will exert themselves to see justice done to the public, a sufficiency cannot be kept upon hand to supply them.

Mr. Josiah Adams is appointed Paymaster to Col Little's4 Regiment, and Mr Elisha Humphreys to Col Webb's5 Regiment.

[Note 4: Col. Moses Little's Twelfth Continental Infantry.]

[Note 5: Col. Charles Webb's Nineteenth Continental Infantry.]

The Court Martial whereof Col. Sage was President having found Ebenezer Liffenwell of Capt. Clift's Company and Col Durkee's Regt. guilty of "Cowardice and Misbehaviour before the Enemy on Monday last"--and also of "presenting his Firelock at his superior Officer, when turning him back a second time", which by the 27th. Article of the Rules and Regulations of the Army is Death--He is accordingly adjudged to suffer Death.

The General approves the sentence, and orders that he be shot at the head of the Army, on the Grand-Parade, near Kartright's house, to morrow morning at eleven O'Clock--The Men of the several Regiments below Kingsbridge, not upon Fatigue or Guard are to march down at that hour--The Provost Marshal to attend. Major Henly, acting Deputy Adjt. General, will order twelve Men, out of the Guards paraded for duty, to morrow, to execute the sentence.

The same Court Martial having found Ensign McCumber of Capt. Barns's Company, and Col Serjeant's Regt. guilty of the infamous Crime of "plundering the Inhabitants of Harlem"--and ordered him to be cashiered--The General approves the sentence and orders him to be turned out of the Army immediately as an officer.



Journals of the Continental Congress,

MONDAY, DECEMBER 23, 1776

...Mr. [William] Hooper having reported, that the present situation of the prisoners is very disagreeable and dangerous to their health, on account of the prison being much out of repair; Whereupon,

Resolved, That until the apartments of the jail of the town of Baltimore shall be repaired, and put in such a condition as not to endanger the health of those who may be confined in them, that the prisoners from the state of North Carolina be removed from thence to different rooms in the court house, or wherever else they can be procured, and there safely locked up and secured; and that the committee of inspection of the said town, be requested to direct proper apartments for their reception, and from time to time, keep up a good and sufficient guard over them; and, in order to secure them more effectually, that the prisoners, agreeable to their own voluntary proposal, shall be upon their parole not to make any attempts to escape from confinement, nor interfere in the present war with Great Britain, by carrying on any correspondence, conversation, or otherwise, with the enemies of America; and that during this confinement, Benjamin Griffith, who, by a late resolve of this Congress, was directed to supply the prisoners when confined in gaol, continue to supply and accommodate them with necessaries for their support....

Journals of the Continental Congress, "to disarm all such Persons of whom it may be proven that they are disaffected to the American Cause", Feb. 1, 1777

Journals of the Continental Congress,
THURSDAY, FEBRUARY 6, 1777

“...A motion being made by Mr. [Abraham] Clark and seconded by Mr. [Jonathan Dickinson] Sergeant,

Whereas General Washington, by his Proclamation of the 25th of January last, required all those who have subscribed the Declaration, taken the Oaths of Allegiance to the King of Great Britain, and accepted protection and certificates from Lord or General Howe, or any person acting under their Authority, forthwith to repair to head quarters, or to the quarters of the nearest general officers of the Continental Army, or Militia, until further provision can be made by the civil Authority; And therein grants full liberty to all such as prefer the Interest and Protection of great Britain to the freedom and happiness of their Country, forthwith to withdraw themselves and families within the Enemy's Lines. Which Proclamation, may in some particular States, interrupt the due course of the Laws made therein for the trial and punishment of Traitors and other offenders against the peace and liberties of the same; For remedy whereof, Resolved, that the above mentioned Proclamation shall not in any wise take effect in such manner as to prevent the free exercise of the Laws or Regulations, enacted or provided in any of the United States, for the punishment of offenders within the same, or exempt any person from arrests and detention in Civil or Criminal Actions under Colour of the Liberty granted to withdraw themselves and families within the enemy's lines; or in any instance to interfere with or oppose the free exercise of the Legislative or Executive powers of any State.1

[Note 1: 1 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 36, I, folio 4.]

Ordered, That it be referred to a committee of five:

The members chosen, Mr. J[ohn] Adams, Mr. R[ichard] H[enry] Lee, Mr. [Jonathan Dickinson] Sergeant, Mr. [Roger] Sherman, and Mr. [Thomas] Heyward.



The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.

George Washington to William Maxwell,

Head Quarters, Morris Town, February 12, 1777.

Sir: In answer to your Letter of the 9th. Instt., respecting the case of the young Men of Eliza. Town, who refuse to take the Oath of Allegiance to the States, or to withdraw within the Enemy's lines, and discourage all the Militia round about them; I would observe, that tho' it is my desire to have the terms and Conditions of my Proclamation64 religiously complied with, yet I do not intend that it shall be made a Shelter for our Enemies to injure us under, with impunity. These fellows at Elizabeth Town, as well as all others who wish to remain with us, (till the expiration of the 30 days,) for no other purpose than to convey intelligence to the Enemy, and poison our People's Minds, must and shall be compelled to withdraw immediately within the Enemy's lines; others who are hesitating which side to take and behave friendly to us, till they determine, must be treated with Lenity. Such as go over to the Enemy, are not to take with them any thing but their Cloathing and furniture, their Horses, Cattle and Forage must be left behind. Such as incline to share our fate, are to have every assistance afforded them that can be granted with Safety, neither Waggons nor Horses must be too

[Note 64: Of January 25.] much hazzarded in doing this business. Majr. Morris will secure. Fosters Cattle and Sheep; and bring off all the Corn, Hay and Oats he speaks of for the Quarter Master, who will take an Account of it and settle with the owners, if friendly. The effects of all Persons in Arms against us must be siezed and secured....

Letters of Delegates to Congress: Volume 6
Samuel Adams to John Pitts

My dear sir Baltimore Feb 15 1777 I am favord with yours of the 21 of December for which I am much obligd to you.(1) I am much concernd to hear that the Tories in Boston & Massachusetts Bay have lately grown insolent & that no Measures are taken to suppress their Insolence. They are the most virulent, & I am of Opinion, the most dangerous Enemies of America. They do not indeed openly appear in Arms, but they do more Mischief secretly. I am very apprehensive that they greatly operate to the preventing Inlistments and doing other essential Injury to our Cause. If they are not properly dealt with, I am perswaded, the Publick will much regret the Omission very soon. I do not wish for needless Severities; but effectual Measures, and severe ones if others are insufficient, to prevent their pernicious Councils & Machinations, I think ought to be taken, and that without any Delay. It will be Humanity shown to Millions, who are in more Danger of being reducd to thraldom & Misery by those Wretches than by British & Hessian Barbarians. I cannot conceive why a Law is not made declaratory of Treason & other Crimes & properly to punish those who are guilty of them. If to conspire the Death of a King is Treason and worthy of Death, surely a Conspiracy to ruin a State deserves no less a Punishment.(2) I have Reason to think you have a Number of such Conspirators among you; and believe me, you will soon repent of it, if you do not speedily take Notice of them. But let me ask you my Friend, Whether some of the late Addressers, Protesters and Associators, are not seen in the Circles, in the Houses and at the Tables of Whigs? Is there not Reason to expect that those who exiled themselves thro Fear of the just Vengeance of their Countrymen will be invited by the kind of Treatment of those who have equal Reason to dread that Vengeance, to return into the Bosom of their much injurd Country. But I need add no more. Believe me to be cordially, your Friend,

FC (NN)
1 This is probably a reference to Pitts' December 25, 1776, letter, which is in the Adams Papers, NN.
2 The Massachusetts General Court did pass legislation confiscating loyalist property and establishing oaths of allegiance. See James Warren to Samuel Adams, April 2, 1777, Warren-Adams Letters, 2:448.

Letters of Delegates to Congress: Volume 6
Elbridge Gerry to James Warren

Dear sir Philadelphia March 31. 1777 In Consequence of your Letters of the 7th July last & the 17th Sepr., with the Depositions transmitted by Mr. Lothrop relative to the Deficiency of Money charged in your Account as paymaster General, I have layed the Matter before Congress, & obtained an Order by which your Account is ballanced in the Treasury office agreable to the Abstract inclosed.(1) The Claim was supported on principles of Equity, as it plainly appeared that You had opened an additional office at the request of the General at Cambridge, & that the Loss happened in Consequence thereof. The affair is delicate in its Nature & so considered by Congress, who, while they are fully satisfied with your Conduct, wish to avoid the Inconveniences arising from the precedent; which You will doubtless assist them in, by explaining the Matter to the inquisitive, or what is preferable, saving ( Yourself ) as far as possible the Necessity of this Measure.
We have this Day received from your Quarter the Agreable Information of the 12,000 Arms & 50 Tons of Powder & Clothing which arrived at Portsmouth; (2) in addition to which I have the pleasure to inform You that 6800 fire arms with Bayonets arrived in this River last Week together with 2100 Gunlocks and 31 Tons powder at Baltimore.
We have also a Letter from Doctor Franklin, Doctor Lee, & Mr Deane at Paris, Where Things wear a most favourable Aspect.(3) Thus much I may venture to communicate; the (Collective Body) people of France are enthusiastic for America; two Millions of Livres are offered to the Commissioners by private Gentlemen without either Interest or Security; the Cry is general for a Declaration of War against England; 30 Sail of Ships of the Line in France & as many in Spain were to be ready for the Sea by the beginning of April; 10000 Troops were ordered to march for Brest, the Destination of which was unknown; the Court of Great Britain had meanly solicited the Allies of France to guarantee Hanover against any Attack thro the Summer, & were refused; four Regiments were Raising in the prince of Hesse's Dominions, & in Consequence of Draughts on his Subjects an Insurrection took place; All the ports of France, Spain & Italy are open to Us upon the principles of neutrality; all Europe are in Favour of America, Russia & Portugal excepted & the little powers who have heretofore assisted G. Britain.
I wish to have it communicated to our Friends in Boston, that the Tories in Philadelphia industriously circulate to their Disadvantage that there are few Whigs to be found in that once eminently patriotic Metropolis; & many Gentlemen who are Friends to the Cause confirm the report so far as to acknowledge, "that the Tories take possession of the most public places, & with great assurance express their Sentiments to the Disadvantage of our Cause." Will this be suffered by a people who have hazarded every Thing, & suffered so much in Support of their rights? Will they finally submit to be tantalized & disgraced by persons, whose Conduct is acknowledged by those whose Measures they subserve, to be unnatural & disgraceful to human Nature? Surely not. I hope soon to hear, that at a Meeting in Faneuil Hall, It is determined to follow the Example of Baltimore, (4) & that Boston is liberated from every Tory or suspicious Character in the place; this alone can make it happy, & as respectable as it once was & ought always to remain. I am sir in great Haste your assured Friend & most obed.

E Gerry

RC (MH-H). See above, pp. 513-14.
1 For Congress' resolution of this date on former Paymaster General James Warren's accounts, see JCC, 7:212. The July 7 and September 17, 1776, letters to Gerry in which Warren discussed the subject of his accounts are in C. Harvey Gardiner, ed., A Study in Dissent: The Warren-Gerry Correspondence, 1776-1792 (Carbondale: Southern Illinois University Press, 1968), pp. 39-44, 46-47. Gerry was a member of the Board of Treasury which advised Congress to adjust Warren's accounts.
2 See JCC, 7:211.
3 For the January 17 letter of the commissioners at Paris to the Committee of Secret Correspondence, see Wharton, Diplomatic Correspondence, 2: 248-51.
4 At this point Gerry inserted an asterisk keyed to the following sentence that he added in the margin. "The Whigg Club in Baltimore have lately banished from that Place every Tory & Suspected Character that could be found amongst them."



Journals of the Continental Congress,
SATURDAY, APRIL 19, 1777

...The committee appointed to devise ways and means for suppressing the dangerous spirit of toryism in the counties of Somerset, Worcester [Maryland] and Sussex [Delaware] and preventing the disaffected persons therein from taking measures prejudicial to the cause of the United States, brought in their report, which was taken into consideration; Whereupon,

That the Counties above mentioned consist at least betwixt four and five thousand Men, two thirds of whom are highly disaffected to the Measures pursued by the United States for the Establishment of their Freedom and Independance.

That from the assiduous Arts of Persons of Influence amongst the Malignants, and from the Want of Spirited and decided Measures an ill judged Lenity in the States of Delaware and Maryland the dangerous Spirit of Toryism has acquired Strength, and at several Times has broke out into open Acts of Treason against the Liberties of the United States. That from the Maratime Situation of these Counties, an easy Access is open to the Enemies Armed Vessels, and that the notorious Disaffection of the Inhabitants will naturally invite the Enemy to land Part of their Force in those Counties, where they probably would be joined by a considerable Body of Insurgents who only wait an Opportunity to fall upon the defenceless Sons of Freedom in that Quarter, and to perpetrate those Acts of Cruelty and Devastation which have hitherto been consequent to such Insurrections.

That a timely Attention to prevent these Evils is not only necessary from these Considerations, but likewise from the ill Consequences which may accrue to the General Cause, should such an Insurrection break out at the Time when the Enemy with the main Body of the Army may be bending their Force against the City of Philadelphia.

To avert these impending Evils the Committee beg leave to submit to the consideration of Congress the following Resolutions.

Resolved, That it be earnestly recommended to the legislative or executive authorities of the states of Delaware and Maryland, forthwith to apprehend and remove all persons of influence, or of desperate characters, within the counties of Sussex, Somerset, and Worcester, who have betrayed or manifested a disaffection to the American cause, to some remote or secure place or places within their respective States; there to be secured without any person having access to them, unless by license first obtained from such civil or military officer as the government of the respective States shall think proper to appoint for that purpose: to take away the fire-arms of all such of the inhabitants of the counties above-mentioned, as have not hitherto manifested an attachment to the cause of America, excepting such in the counties of Worcester and Somerset, in the state of Maryland, as may have complied with the proclamation issued by the said State, in the month of February last, the said arms to be disposed of by the respective States as shall be deemed most conducive to the general weal: to enact laws appointing commissioners in each of the counties above-mentioned, whose business it shall be to make inventories, and to take charge of the personal estates of the persons so removed, and to receive the rents arising from their real estates, in order that the same may be appropriated as a fund for their maintenance, till the government of the respective States shall otherwise direct; and vesting the said commissioners with full and adequate powers to enquire into, detect, and defeat, all plots or conspiracies formed in the respective counties against the liberties of America....

Letters of Delegates to Congress: Volume 6

William Whipple to John Langdon

April 19, 1777


“...This city is still threatened with an invasion but whether the threats will be executed or not, is a matter of doubt with me. A plan of correspondence between this City and the enemy has lately been discovered. 7 or 8 of the Traitors are under close confinement. Some of them will no doubt be hanged. This is disagreeable business, but if we dont hang them they'll hang us, and self preservation, you know, is the first law of nature....”

George Washington to Continental Congress, "If these people, particularly those in Arms", June 3, 1777

Henry Laurens to John Lewis Gervais, "Men of property . . . cunning Men, & their cunning is exceedingly baneful", Aug. 5, 1777

Journals of the Continental Congress, "who have not manifested their attachment to the American cause", Aug. 26, 1777

Journals of the Continental Congress,
WEDNESDAY, OCTOBER 8, 1777

A letter, of the 5, from General Washington, was read; also a petition from David Redick:2

[Note 2: 2 The letter of Washington is in the Papers of the Continental Congress, No. 152, V, folio 81. It is printed in Writings of Washington (Ford), VI, 93. That of Redick is in No. 42, VI, folio 421.]

Ordered, That the petition be referred to the Board of War.

Whereas, the fourth Georgia batallion of continental troops, commanded by Colonel John White, is about to march from the State of Pensylvania to its station in the State of Georgia; and, whereas, it may be necessary for the good order of the said batallion that general courts martial may be held to try and punish offenders for breach of the articles of war on the march of the said batallion; and whereas, there is no general officer in the service of the United States stationed on or near the route of its march, without whose authority, according to the articles of war, no general court martial can be held for the trial and punishment of such offenders:

Resolved, therefore, That the said Colonel John White be empowed, at any time in the course of his said march, to order a general court martial to consist of his own officers, if none others of the continental army can be conveniently summoned, and to try any non-commissioned officer and soldier belonging to the said batallion, who shall be charged with breaking any of the articles of war; and to confirm the sentence of any such court martial, to discharge the said court martial, or to confirm any such sentence, and afterwards to remit the punishment that shall be so sentenced, as he shall think proper; provided that the powers hereby given shall cease and determine so soon as the said batallion shall arrive at its station in Georgia.

The house being moved to pass a resolution, to prevent an intercourse between the towns in the possession of the enemy and the inhabitants of the country;

Ordered, That it be referred to a committee of three:

The members chosen, Mr. R[ichard] H[enry] Lee, Mr. J[ohn] Adams and Mr. [Samuel] Chase.

Adjourned to 4 o'Clock.

∥Four o'Clock, p. m.∥

The committee to whom was referred the resolution ∥motion∥ for preventing an intercourse between the towns in the possession of the enemy and the inhabitants of the country, brought in a report; Whereupon Congress came to the following resolutions:

Whereas, it is of essential consequence to the general welfare that the most effectual measures should be forthwith pursued for cutting off all communication of supplies, or intelligence to the enemy's army now in, and near the city of Philadelphia; and whereas, it has been found, by the experience of all states, that, in times of invasion, the process of the municipal law is too feeble and dilatory to bring to a condign and exemplary punishment persons guilty of such traitorous practices:

Resolved, That any person, being an inhabitant of any of these states, who shall act as a guide or pilot by land or water for the enemy, or shall give or send intelligence to them, or in any manner furnish them with supplies of provisions, money, cloathing, arms; forage, fuel, or any kind of stores, be considered and treated as an enemy and traitor to these United States; and that General Washington be empowered to order such person taken within thirty miles of any city, town or place in the states of Pensylvania, Jersey and Delaware, which is, or may be in the possession of any of the enemy's forces, to be tried by a court martial, and such courts martial are hereby authorized to sentence any such persons convicted before them of any of the offences aforesaid, to suffer death or such other punishment as to them shall seem meet.

This resolve to remain in force until the first day of January next, unless sooner revoked by Congress.

And, whereas, it has been represented to Congress, that many evil disposed persons, enemies to these United States, make a practice of passing to and from the enemy's quarters, propagating false intelligence, thereby to dispirit the people and aid the cause of our enemies,

Resolved, That it be recommended to all magistrates and officers, civil and military, and to all the good people of these states, to be vigilant in apprehending, securing and bringing to condign punishment all such offenders, in order that a speedy and effectual stop may be put to such a pernicious practice.

Resolved, unanimously, That the thanks of Congress be given to General Washington, for his wise and well concerted attack upon the enemy's army near Germantown, on the 4th instant, and to the officers and soldiers of the army, for their brave exertions on that occasion; Congress being well satisfied that the best designs and boldest efforts may sometimes fail by unforeseen incidents, trusting that, on future occasions, the valour and virtue of the army will, by the blessing of Heaven, be crowned with complete and deserved success.

Resolved, That Mr. [Henry] Laurens and [Thomas] Heyward be added to the committee appointed to carry into execution the resolution of Congress, ordering a medal to be struck and presented to General Washington....

Letters of Delegates to Congress: Volume 8
Elbridge Gerry to Joseph Trumbull

Nov. 27. 1777

...The affairs of Congress go on to our utmost Wishes. Confederation is finished, a Tax of 5000000 on equitable principles is levied on the States, a recommendation to confiscate & make Sale of the Estates of Traitors is sent to each State, the Money to be invested in loan office Certificates...

An Act, "shall, and are hereby declared to be confiscated to the Use of this State", Dec. 28, 1777

Journals of the Continental Congress,
WEDNESDAY, APRIL 22, 1778--P. M.

...Upon the whole matter, the committee beg leave to report it as their opinion, that, as the Americans, united in this arduous contest upon principles of common interest, for the defence of common rights and privileges; which union hath been cemented by common calamities, and by mutual good offices and affection; so the great cause for which they contend, and in which all mankind are interested, must derive its success from the continuance of that union; wherefore any men, or body of men, who should presume to make any separate or partial convention or agreement with commissioners under the crown of Great Britain, or any of them, ought to be considered and treated as open and avowed enemies of these United States....

Journals of the Continental Congress,
WEDNESDAY, JULY 14, 1779

...The Board of War, to whom was referred the case of Herman Baron Zedwitz, brought in a report; Whereupon,

Resolved, That Herman Baron Zedwitz, formerly a lieutenant colonel in the service of these states, and who, for certain traiterous practices, was sentenced by a court martial to be confined during the war, be nevertheless, in consideration of his own unhappy condition, after a confinement of near three years, and the consequent distress of his wife and children, permitted to depart these states, together with his family, on giving his parole not to bear arms against the United States or their allies during the war; and that the Marine Committee be directed to provide a passage for them in a continental vessel to the West Indies, and furnish necessaries for the voyage thither, from whence they may return to their friends in Europe.2

[Note 2: 2 This report, dated July 13 (present, Pickering and Peters), is in thePapers of the Continental Congress, No. 147, III, folio 513.]....

The Revolutionary Diplomatic Correspondence of the United States, Volume 3
Jay to the President of Congress

...29th day of September, in the year of our Lord 1779...

...(5) Because their internal enemies have been either expelled or reduced, and their estates, to a very great amount in some of the States, confiscated and actually sold...

The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.

Nathanael Greene, General Orders

Head Quarters, Orangetown, Tuesday, September 26, 1780.

...Treason of the blackest dye was yesterday discovered! General Arnold who commanded at Westpoint, lost to every sentiment of honor, of public and private obligation, was about to deliver up that important Post into the hands of the enemy. Such an event must have given the American cause a deadly wound if not a fatal stab. Happily the treason has been timely discovered to prevent the fatal misfortune. The providential train of circumstances which led to it affords the most convincing proof that the Liberties of America are the object of divine Protection.

At the same time that the Treason is to be regretted the General cannot help congratulating the Army on the happy discovery. Our Enemies despairing of carrying their point by force are practising every base art to effect by bribery and Corruption what they cannot accomplish in a manly way.

Great honor is due to the American Army that this is the first instance of Treason of the kind where many were to be expected from the nature of the dispute, and nothing is so bright an ornament in the Character of the American soldiers as their having been proof against all the arts and seduction of an insidious enemy.

Arnold has made his escape to the Enemy but Mr. André the Adjutant General to the British Army who came out as a spy to negotiate the Business is our Prisoner.

His Excellency the commander in Chief has arrived at West-point from Harford and is no doubt taking the proper measures to unravel fully, so hellish a plot.

Letters of Delegates to Congress: Volume 16
to Samuel Huntington

Sir Trenton Jany 7. 1781 10 oClock
The Committee arrived here last night & met with Mr President Reed who had been near Princeton & sent a Letter to General Wayne by two of his light horse. They were Suffered to proceed to the Genl. with the Letter unopened tho at the Request of the Sergeants showed it to them and it was to be read to the whole, this morning. There were Symptoms that they would be content with the Proposals & make the Matter up. It appears from all Accounts that they have behaved with surprising Regularity in all Respects (their Revolt excepted) and seemed disappointed that Mr Reed did not proceed & trust himself to them. He is this morning gone back & we are happy to inform you that Dr Shields is just come in and says that a Person from Gen. Clinton with another for his Guide had come to their Encampment & made them the Proposals of which the inclosed is a Copy.(1) They received it with so much firmness and Indignation that they not only rejected the Proposals but seized the two Agents & delivered them to General Wayne who sent them under a Guard and delivered them to Blair McLanachan and Alexr Nisbet two of the Light Horse who have them now in Custody. The Committee are immediately to write to Gen. Reed (2) & expect a speedy & happy Issue of this Affair. I am in name of the Committee, Genl Sullivan being absent, Sir your most obedt. humble Servant,
Jno Witherspoon

P.S. That you may not think the above is only Report Genl. Reed saw & read the Paper & sent it on to us & kept the Prisoners with himself. Dr Shields saw them in Custody.

ENCLOSURE

It having been reported at New york that the Pensylvania troops and others having been deprived by Congress of their pay, Cloathing and Provisions, and assembled for a redress of their grievances and also that not withstanding the terms of their enlistments are expired they have been forcably detained in the Service where they have Sufferd every kind of Misery and oppression.
They are now offerd to be taken under the Protection of the British Government to have their rights restored, a free pardon for all former offences and that pay due to them from Congress faithfully paid to them without any Expectation of Military Service except it may be voluntary upon laying down their Arms and returning to their Allegiance, for which purpose if they will Send Commissioners to Amboy they will there be met by People empowered to treat with them, and faith shall be pledged for their security.
It is recommended to them for their own Safety to move behind South River, and whenever they request it a Body of British troops shall protect them. It is needless to point out the Inability as well as want of Inclination in Congress to relieve them or to tell them the Severities that will be used by the Rebel leaders towards them should they think of Returning to their former Servitude. It will be proved to the Commissioners they Choose to Send that the Authority from whence this Comes is Sufficient to Ensure the Performance of the above proposals.
To the Person appointed by the Pennsylvania Troops to lead them in the Present struggle for their liberties and Rights.
By order of the Committee of Congress, (Copy) Jno Witherspoon

RC and enclosure (DNA: PCC, item 152). In the hand of John Witherspoon.
(1) For Henry Clinton's efforts to exploit the mutiny of the Pennsylvania troops, and the misfortunes of the two British emissaries (John Mason and James Ogden) who carried the enclosed "Proposals" to the mutineers inviting them to seek "the Protection of the British Government," see Van Doren, Mutiny in January, pp. 115-19, 150-59; and Hazard, Register of Pennsylvania, pp. 167-68, 188-90, 205.
2 See the committee's letter to Joseph Reed, this date.

The Revolutionary Diplomatic Correspondence of the United States, Volume 5
Livingston to Adams.*

[Note *: * MSS. Dev. of State: 3 Sparks' Dip. Rev. Corr., 527.]

Philadelphia, January 9. 1782.

Dear Sir: I write merely to put you on your guard against any falsehood the enemy may think it necessary to publish about the time of opening their budget. All is well here. There has been no action to the southward. Many of the tories in North Carolina, enraged at being deserted, have joined our army, and, as is said, executed some of their leaders....

 

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'for the common defence' (?)

George Washington: Concerning Arms in the hands of the People

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