fff?} fllUiJ^l^W^II ! )|,|;|i|,iMri ; ^H 1 j 1 if! If !i! 1 COLLECTIONS OF THE NEW JERSET HISTORICAL SOCIETY. VOLUME II. PRINTED FOR THE NEW JERSEY HISTORICAL SOCIETY. 1847. Z&4 /ict OFFICERS OF THE NEW JERSEY HISTORICAL SOCIETY. ELECTED 1847. Hon. JOSEPH C. HORNBLOWER, LL. D., President, Newark. ROBERT G. JOHNSON, Esq., 1st Vice President, Salejn. Hon. PETER D. VROOM, 2d " Trenton. Hon. JAMES PARKER, 3d " Perth Amboy. WILLIAM A. WHITEHEAD, Corresponding Secretary, Neu-ark. JOSEPH P. BRADLEY, Recording Secretary, Newark. THOMAS J. STRYKER, Treasurer, Trenton. EXECUTIVE COMMITTEE. Rev. DANIEL V. McLEAN, Freehold. Rev. NICHOLAS MURRAY, D. D., Elizabethfown. WILLIAM B. KINNEY, Newark. ARCHER GIFFORD, Neioark. STACY G. POTTS, Trenton. Rev. JOHN MACLEAN, D. D., Princeton. LITTLETON KIRKPATRICK, New Brunswick. Rt. Rev. GEO. W. DOANE, D.D., LL. D., Burlington. ELIAS B. D. OGDEN, Paterson. COMMITTEE ON PUBLICATIONS. Hon. WILLIAM A. DUER. LL D., Rev. NICHOLAS MURRAY, D. D., CHARLES KING, Rev. ELI F. COOLEY, JOHN S. CONDIT, M. D., WILLIAM B. KINNEY, WILLIAM A. WHITEHEAD. THE LIFE OF LORD STIRLING. l^. ^^j/^ ^^trr^;^ THE LIFE OP WILLIAM ALEXANDEK, EARL OF STIRLING; MAJOR GENERAL IN THE ARMY OP THE UNITED STATES, DURING THE REVOLUTION: SELECTIONS FROM HIS CORRESPONDENCE. BY HIS GRANDSON, WILLIAM ALEXANDER DUER, LL. D. Actis, aerum implet, non segnibus annis. Ovid. PUBLISHED FOR THE NEW JERSEY HISTORICAL SOCIETY BY WILEY & PUTNAM, NEW-YORK. 1847. Entered, according to Act of Congress, in the year 1847, By the New Jersey Historical Society, In the Clerk's Office of the U. S. District Court for the District of the State of New-Jersey. Lbatitt, Trow & Co. PmnTSRS, 33 Ann-street, N. Y. TO THE NEW JERSEY STATE SOCIETY OF THE CINCINNATI, THIS MEMOIR OF THE LIFE AND SERVICES OF THE SENIOR OFFICER OF THE REVOLUTIONARY ARMY FROM NEW JERSEY, Ks respectfully fin.cribtti, AS A TRIBUTE DUE TO THAT ASSOCIATION OF HIS DISBANDED FELLOW-SOLDIERS, IN WHICH, HAD HE LIVED LONG ENOUGH, HE WOULD HAVE BEEN AMONG THE FIRST TO ENROL HIS NAME. PREFACE. The chief materials of the following memoir lay for many years unknown in the possession of the widow of its subject, and were not examined until some time after her decease. They w ere then lost sight of for a long period, in consequence of a hasty removal from an alarm of yellow fever, and when recovered they were presented to the Historical Society of New-York, as a fit depositary for documents serving to illustrate our revolutionary annals. As the author is well aware that whatever of value or interest may attach to his work will be due to the correspondence it embraces, he cannot forbear expressing his regret that a number of the most im- portant letters in the original collection are not now to be found. They were selected from the mass, and laid aside for greater security ; but, as not unfrequently hap- pens in such cases, they were lost— perhaps, hrough the very means intended for their preservation. This accident is the more to be lamented, as the letters in xiv PREFACE. question comprised the correspondence of Lord Stirling, both during his residence in England and after his return to this country, with the Earls of Chatham, Bute, and Shelburne, Mr. Charles Townshend, Mr. Wedderburn — afterwards Lord Loughborough — and other British states- men, upon American affairs, during a period when most of those persons were cabinet ministers, and all of them members of Parliament. The same packet contained also, what was still more valuable, the private correspondence of General Wash- ington with Lord Stirling, during the revolutionary war. This circumstance will account for the very few letters from the former to be found in this publication. Every effort has been made, as may be supposed, to recover the lost packet, but hitherto without success. Should it chance, however, to come to light hereafter, the con- tents will be communicated to the public through some proper medium. The plan adopted in the execution of the present work has fortunately left little else for the biographer than the task of connecting the letters by a running narrative, with explanatory notes and observations, — a method recommended not only by approved examples, but as calculated to avoid the temptation, as well as the suspicion, of partiality, which might otherwise arise from the relationship of the author with the subject of his memoir. If in any instance, however, his narrative has received a colouring from so natural a bias, it can hardly escape the attention of his readers, and can never PREFACE. XV mislead them — inasmuch as they will be able to form their own judgments of the character of Lord Stirling from the correspondence itself, independently of the remarks by which it is accompanied, and to decide upon his conduct from the extraneous evidence afforded by authentic memorials of the period. In committing these pages to the press, the author gladly embraces the opportunity of acknowledging his obligations to the Historical Society of New-York ; and in particular to Prosper M. Wetmore, Esq., Chairman of its Executive Committee, for the liberality and courtesy, which, by placing the original documents at his disposal, have enabled him to avail himself of them in the execution of his work. To that body, also, and especially to the exertions of one of its most active and efficient members, Dr. John W. Francis, the thanks of the public, as well as of the author, are due for the recovery of these papers on the occasion already referred to. Morristovm, N. /., January 8, 1847. ADVERTISEMENT. The Committee charged with the publication of this volume would, in behalf of the New Jersey Historical Society, express their obligations to Professor Jared Sparks, LL. D., for his liberality, in placing at the disposal of the Society the plates of the battle- crounds which illustrate the work. CONTENTS. CHAPTER I. Introductiori— Birth of Lord Stirling — His father, James Alexander, a native of Scotland — Cause of his emigration to America — Enters office of Secre- tary of the Province, on his arrival at New-York — Appointed Surveyor- General of New- York and New Jersey— Commences practice of the Law ■ — Attains eminence as Chamber Counsel — Appointed Attorney-General of New Jersey, and a Member of Council in both Provinces — -Distinguishes himself as an Advocate in Zenger's case — Excluded from the Bar in New- York for the boldness of his defence, and from the Council — Afterwards restored — Marries widow of " Ready-money " Provoost — Death of James Alexander — Lord Stirling, his only son— His education — Succeeds bis father as Surveyor-General of New Jersey — Becomes a merchant, an army-contractor, and commissary — Appointed Aid-de-camp and Secretary to Gen. Shirley— Accompanies Shirley to England— Examined as a wit- ness on his behalf at the Bar of the House of Commons — Letter from Charles Townshend— Prefers claim to Earldom of Stirling — Returned heir-male of the last Earl — Legal question as to descent of Earldom. 1716-1759 ] CHAPTER IL Object of Mr. Alexander in preferring his claim — Assumes the title of Earl of Stirling, after opinion of Wedderburn, and other Counsel, in favour of his right— Contemplates establishing himself in Scotland — Correspondence with Staats L. Morris, the Duchess of Gordon, and others — Hires house in London — Resides there some years — Correspondence with Rev. J. Porteous, Andrew Stuart, William Trumbull and Philipps Lee — Death of his mother — Returns to America. 1759-1761. ....... 27 CONTENTS. CHAPTER III. Lord Stirling resides at first in New- York — Commences building at Basken- ridge — Removes to New Jersey — Appointed member of Provincial Coun- cil — Corresponds with his friends in England — Letter to the Earl of Bute — Other claims to Earldom, not established — Interests himself for King's College — Sir James Jay — Correspondence with Lord Romney, the Earl of Bute, Thomas Harley, Peter De Lancey, Jr., Ph. Livingston, Jr., John Penn, Henry Drummond, William Coxe, R. H. Morris, the Earl of Bute, Governor Franklin, William Amherst, and General Gage. 1761-1764. . 50 CHAPTER IV. Attempt to ta.\ America by authority of British Parliament — Opinion of Sir Robert Walpole — "Boldness" of George Grenville-^Stamp Act, opposed by Lord Stirling — Its repeal — Correspondence wilh Henry Wilmot, Gov- ernor Franklin, Captain Kennedy, Philip Livingston, Jr., John Taber Kemp, Daniel Coxe, and Chief Justice Smith — The Earl of Perth — Lord Drummond — Proprietary rights in New Jersey — Robbery of Treasury of that Province — Ford, Cooper, and other counterfeiters — Correspondence with Colonel Samuel Ogden — Advertisement of Col. Ogden. 1764-1774. 82 CHAPTER V. Occupations of Lord Stirling at Baskenridge — Opposes ministerial measures for taxing the Colonies — Chosen Colonel of a militia regiment — Governor Franklin's remonstrance — Lord Stirling's justification — Subsequent cor- respondence, and rupture between them — Appointed by Congress to com- mand 1st New Jersey regiment in Continental service — Establishes his head-quarters at Elizabethtown — Governor Franklin made prisoner — Lord Stirling collects recruits and volunteers ; embarks them on board small craft ; boards and captures British armed transport — Complimentary Reso- lutions of Congress — Correspondence respecting prize — Promoted to be Brigadier General — Ordered to New-York. — Succeeds to command of that place — Prepares for its defence — Constructs fortifications in harbour, and on river above — Calls in Militia — Letter to Colonel Ward — Corresponds with General Schuyler — Regulations agreed on with Provincial Congress, for defence of City — Corresponds with President of Congress, General Washington, and the Governors of Connecticut and New Jersey — Note from Dr. Franklin — British land at Gravesend — Battle of Long Island — Lord Stirling made prisoner — His letter to General Washington — Letter of General Sullivan — Lord Stirling exchanged. 1774-1776. . . 112 CHAPTER VI. Lord Stirling rejoins the army in New Jersey — Commands on the lines — Af- fair at Short-liills — Prevents advance of Cornwallis to Morristown — Ordered to watch British at Princeton, while Washington attacks Hes- CONTENTS. Xi sians at Trenton — Promoted to be Major General — Sent again to the lines — Engages Cornwallia near Scotch-plains— Defeats his attempt on Camp at Middlebrook — Ordered to the Highlands — Recalled on appear- ance of British fleet in the Delaware — March of American army to Wilmington — Battles of Brandywine and Germantown — Council of War —Lord Stirling's opinion — Army encamps for the winter at the Valley- Forge. 1776-1777 168 CHAPTER VII. " Conway Cabal ;" exposed by Lord Stirling ; favoured by Congress — Con- way appointed Inspector General, Gates and Mifflin to Board of War — Conway repairs to army ; received coldly by Washington ; shunned by Officers; resigns and returns to France — Wilkinson's account of the affair grossly inaccurate — His intrigues and duplicity — Appointed Secretary to Board of War ; treated coldly by Gates ; resigns, and quarrels with him — Brevetted a Brigadier, but compelled to resign — Appointed Clothier Gen- eral Letter of Abraham Clark — Movements of the British — They evac- uate Philadelphia ; followed by Washington ; encamp near Monmouth Court-House — Battle of Monmouth — Conduct and arrest of General Lee British retreat to Sandy Hook — Embark on board of fleet — Re- turn fo New- York — Washington advances to the Hudson, crosses the river, and encamps at White Plains — Lord Stirling presides at Court- Martial on Lee — Sentence suspending Lee approved by Congress — His subsequent death. 1777-1778 180 CHAPTER VIII. Arrival of French fleet — Visit to New- York of Lady Stirling end her daugh- ter — Their letters to Lord Stirling — He is ordered to New Jersey — Di- rects expedition of Major H. Lee against Powles Hook, and covers his retreat — Receives thanks of Congress — Letter to General Washington — Letter from General Greene — Arrival of another French fleet with Ro- chambeau's army — Council of War — Lord Stirling's opinion — Plan for at- tacking New- York, formed and abandoned ; renewed the ne.xt year ; again relinquished on arrival of De Grasse — Combined American and French army marches to Virginia. 1778-1779 199 CHAPTER IX. Lord Stirling ordered to Albany — Takes command of Northern Depart- ment — Threatened invasion from Canada — His measures to repel it — Or- ders to Generals Van Rensselaer and Gansevoort — Corresponds with Gen- eral Stark — Detaches Colonel Wiilet to the Mohawk — British advance by Lake George — Lord Stirling repairs to Saratoga, where he concentrates his force — Issues order of battle — Receives intelligence of Cornwallis's sur- render — British retreat to Canada — Lord Stirling dismisses Militia — Let- ters to General Heath, and Colonel Wiilet — Further correspondence with Stark— Letter to General Washington. 1779-1781 214 Xn CONTENTS, CHAPTER X. Lord Stirling ordered to New JprciPv Tn .^ j • , o, Count ALandre d'HanIhe r T' '" '^'' State-Letter from I are a Hanache— Correspondence with Colonel Brearlv and Governor Livingston OrrI.«r-Prl f-s r^- vi n . , oreariy, and -Lieut Col W% ^r !'''"' *°P'"''''^"^'^°^^''°f Officers i..eut CoL W S. Sm.th, and Major Matthew Clarkson-Letter to Marquis de Bou.lle-Letter from Col. Jame. Monroe-Again orde d t^ take command at Albany-Correspondence with Lieut. Col H Dearborn from Oene^al Washington tot t.^^::^::;^:^^^ ceivmg information of hi. death-His character. ]78i-1783 ILLUSTRATIONS. Portrait of Lord Stirling, . Plan ofthe Battle of Long Island", . ' '. ' ' ' ^^^""'"^S title-page.) Plan of the Battle of Brandyvrine,' ..'''' ^^^ Plan ofthe Battle of Germantown, ^^^ Battle of Monmouth, • . , ^"^"^ Order of Battle at Sarafoo-a * ^^^ ''••••-. 227 ERRATA. On page 2, line 10, for '« where," read mre Page 95, Note, dele" the son of." Page 113, line 17, for " Sterling," read StirHn^ THE LIFE OF LORD STIRLING. CHAPTER I. 1716-1759. Among the soldiers of the American Revolution there is none, perhaps, of equal rank, whose services have been so imperfectly commemorated as those of Major-General William Alexander, better known by his title of Lord Stirhng. It seems, therefore, not less consonant to jus- tice than duty, that one of his descendants should attempt to compensate for this neglect ; and by a full but impar- tial biography, to illustrate the character and record the acts of an officer, who was surpassed by few of his con- temporaries in military experience and enterprise, — by one only in disinterested and zealous devotion to his country — by none in the sacrifices he made for it. The subject of this memoir was born in the year 1726, at the city of New-York. His father, James Alexander, was a native of Scotland, and took refuge in America, in 1716, in consequence of the part he had 2 THE LIFE OF LORD STIRLING. taken in favour of the House of Stuart in the rebellion of the preceding year. James Alexander was remarkable at an early age for proficiency in the mathematics, and skill in those branches of practical science which are founded or dependent upon them. Thence he obtained some dis- tinction as an officer of engineers in the service of the Pretender. He seems, however, to have joined the standard of that unfortunate adventurer rather from na- tional than political predilection : certain it is, that his family connections where whig, and that he proved him- self a stanch friend of whig principles from the moment of his arrival in the colonies. At that period too, he enjoyed, through the influence of John Duke of Argyle,* the hereditary friend of his family, not merely the connivance, but the patronage of the provincial representatives of the House of Brans- wick. Not long after his arrival at New- York, he re- ceived an appointment in the office of the Secretary of the Province, " the best school," says Mr. Smith, the historian of New-York, " for instruction in matters of government." According to the same authority, Mr. Alexander " afterwards became equally distinguished for his humanity, generosity, great abilities, and honourable stations."! His mathematical acquirements soon recommended him to the appointments of Surveyor General in New- York and in New Jersey ; and in 1720, with his coun- tryman. Dr. Cadwallader Golden, he was chosen by Gov- ernor Burnet,t also a Scotchman, a member of his * The "great Duke" of Sir Walter t William Burnet, son of the excellent Scott — whose character is portrayed with Bishop of that name, and a son worthy historical fidelity in that most delightful of his illustrious sire. He had exchanged of fictions" The Heart of Mid-Lothian." the office of Comptroller of the Customs t Hist, of New- York, ed. 1830, p. 271. with Governor Hunter for the Govern- THE LIFE OF LORD STIRLING. Council, " in which choice," says the historian, " the Governor showed his wisdom, for they were both men of learning, good morals, and solid parts." Whilst employed in the Secretary's office, Mr. Alex- ander found leisure to commence the study of the law, which he subsequently pursued in the intervals of his labours as Surveyor General. When called to the bar he soon became more devoted to his professional busi- ness, than to public affairs, though not to the neglect of his official duties. According to Mr. Smith, Mr. Alex- ander was " by no means distinguished as a public speak- er, yet he attained great eminence from his profound legal knowledge, sagacity, and penetration, — was regu- larly consulted on the most important questions, and his replies were received as the answers of an oracle." On one signal occasion, however, he gained not less celebrity for talents and intrepidity as an advocate, than for the soundness of his side-bar opinions — while manifesting at the same time the most devoted zeal, and uncon- querable perseverance as a patriot. With his friend William Smith,* the father of the historian, and afterwards Chief Justice of the Province, ment of the two Colonies of New Jersey his own. Governor Burnet's family re- and New-York, and entered upon his mained in this country. His daughter official duties, in the latter Province, in was married to William Browne, Esq.^ September, 1720. He is described as of Beverly, Massachusetts, and left a son, " polite, sociable, well-read, quick, Intel- William Burnet Browne— who married ligent, and well-disposed ;" and his con- a relative of General Washington's, and duct certainly formed a strong contrast settled in Virginia— where many of iiis with that ofhis military predecessors. He descendants now reside. He also left had not their usual rage for making mo- two daughters— one married to a Mr. ney nor their rapacity for power. He mar- Hall, of Maryland, and another who ried into the Dutch colonial family of Van long lived, and died unmarried in New- Horne, and was transferred to the Gov- York. ernment of Massachusetts, much to the * They came to America in the same regret of the people of New- York, and ship. 4 THE LIFE OF LORD STIRLING. Mr. Alexander volunteered his services as Counsel for Peter Zenger, the printer of the "New-York Journal," whose trial is famous in our colonial annals. Zenger had been arrested and imprisoned for certain publications in his newspaper, alleged to be libellous, and was brought before Mr. Justice DeLancey upon a writ of Habeas Cor- pus — when his Counsel, Messrs. Alexander and Smith, objected to the legality of the warrant upon which Zen- ger had been committed, and insisted upon his discharge, or admission to bail. They prevailed so far as to obtain an order for his release upon giving bail, — but the amount was fixed at eight hundred pounds, notwithstanding the prisoner had sworn that exclusive of his wearing apparel and the tools of his trade he was not worth forty. He was unable or unwilling to procure the bail required, and was of course remanded to prison . The grand jury re- fused to indict him ; but an information ex officio was exhibited against him by Bradley, the Attorney Gen- eral. The Counsel of Zenger excepted to the infor- mation on the ground, in the first place, that the com- missions of the Judges of the Supreme Court, in which it had been filed, ran during pleasure, and not during good behaviour ; and secondly, that they had been grant- ed by the Governor (Cosby) without the advice and con- sent of his Council. The Court not only refused to hear the exceptions,* but threw Messrs. Alexander and Smith over the bar for presuming to make them ;t nor * The Chief Justice (Morris) thought and an intimate friend of Mr. Alexan- the exceptions well taken ; but his opin- der's, volunteered and took the lead in his ion was overruled by the puisne Judges, defence. The trial took place before De De Lancey and Philipse. Lancey — now Chief Justice — and Phi- t The Court afterwards assigned Mr. lipse, the two Judges who had overruled Chambers as Counsel for Zenger ; and the exceptions ; but Zenger was ae- on the trial Andrew Hamilton, an emi- quitted by the Jury. In an article in the nent member of the Philadelphia bar American edition of the Edinburgh En- THE LIFE OF LORD STIRLING. were they permitted to resume their practice until the next year, when, upon the death of Governor Cosby, Mr. Alexander was recalled to his seat in the Council, and both he and Mr. Smith were readmitted to the bar. In both stations the former continued to maintain his reputation, as the constant and fearless advocate and defender of popular rights and constitutional principles. He stood alone in the Council in opposing the election of George Clark, as President of that body — or acting Governor of the Province in 1736; and he finally lost his life by repairing to Albany, when suffering from se- vere illness, to oppose a ministerial scheme oppressive to the colonists.* A letter, written not long before his death, is preserved in Mr. Sedgwick's Life of Governor Livingston, " as one of the very few literary remains of a man highly distinguished in his day, but who has left but scanty memorials of his character and ability."! It was not merely as a lawyer, a politician, or a statesman, that Mr. Alexander was distinguished, but also as a man of science. He was not only the principal author, with Dr. Colden, of the memorable report on the Indian trade in defence of the policy of Governor Bur- net; but, together with Dr. Franklin, Francis Hopkin- son, and others, founded the " American Philosophical Society." He maintained, moreover, a constant corres- pondence with Halley, the Astronomer Royal at Green- wich, and other learned mathematicians in different parts cyclopedia— understood to have been t Vide Sedgwick's Life of Living- furnished by Dr. J. W. Francis of New- ston. p. 49. It is addressed to John York— the learned contributor mentions Taber Kempe, afterwards Attorney Gen- that the late Gouvemeur Morris observed eral of the Province of New-York, who, to,him, that " the trial of Zenger in 1735 with the younger Smith, Governor Liv- was the germ of American freedom." ingston, and James Duane, were at the * Vide Smith's History of New- York, same time students at law in the office edit. 1830, vol. 2, p. 281. of Mr. Alexander. 6 THE LIFE OF LORD STIRLING. of Europe, upon subjects relating to their common pur- suits — while his skill as a scientific surveyor is attested by the instructions given to his subordinates for running the line of partition between East and West Jersey. About ten years after his removal to this country, Mr. Alexander intermarried with the widow of David Provoost, who — from his wealth acquired in that illicit trade to which the restrictive system of the mother coun- try afforded such strong temptations to the colonists as to render its pursuit too general to be deemed disreputa- ble — had obtained the soubriquet of " Ready-money Provoost." After the death of this worthy, his more res- pectable relict engaged in lawful commerce on her own account, and in her own name, and so continued to con- duct it after her second marriage. James Alexander died in 1756, leaving an ample provision for his widow, and a large but not productive landed estate to be divided between his son and several daughters, who survived him.* The son had received as good an education as the provincial schools afforded, with the additional advan- tage of private instruction from his father, in those branches of science to which the latter was particularly addicted, and for which the former had inherited an apt- ness and taste. t He did not, however, at first pursue them practically; as he entered upon the active business of life, first as the clerk, and afterwards as the copart- * He had acquired considerable real t In the library of the N Y. Histori- estate in the city, and elsewhere in the cal Society may be found a manuscript Province of New- York, and was one of account of his observation of the transit the Proprietaries of East Jersey. His of Venus in 1769, — after he had suc- daughters were Mary, married to Peter ceeded his father as Surveyor Geiieral of Van Brugh Livingston ; Elizabeth, marri- New Jersey, ed to John Stevens ; Catherine, to Walter Rutherford, and Susannah, to John Reid. THE LIFE OF LORD STIRLING. 7 ner of his mother. In the course of their trade the firm obtained contracts for the supply of the king's troops with clothing and provisions, which led to the junior part- ner's joining the commissariat of the army. The zeal, activity, and military spirit he displayed in the discharge of his duties, in the field, as well as in the camp, at- tracted the notice of the commander-in-chief. General Shirley, whose staff he was eventually invited to join as aid-de-camp and private secretary. In this capacity he served during the greater part of the war, which, although not formally declared in Europe until 1756, had actually commenced on this continent, some years before.* It was thus that young Alexander had the early op- portunity of acquiring a knowledge of military affairs, during three severe campaigns in which he served with General Shirley. The following letter from one of his friends, who was afterwards a member of the Congress that declared independence, shows the footing upon which the aid-de-camp was supposed to stand with his General. Leivis Morris, Jr. to Major William Alexander. " Dear Sir, — I beg leave to recommend to you Mr. John Duane, who is greatly desirous of entering the army. He is a smart active young fellow of about twenty-two ; of good fortune, education and spirit ; and from the opinion I entertain of him I have no doubt but he will make a good officer. As I have an esteem for him and his family — with which I suppose you are * In this interval, viz. in 1754, Mr. Smith, raised jeeOO to purchase books Alexander, together with Philip Living- to lend to the people, which led to the ston, Robert R. Livingston, Wm. Liv- establishment of the N. Y. Society Li- ingston, John Marvin Scott, and Wm. brary. 8 THE LIFE OP LORD STIRLING. probably acquainted* — I shall be extremely obliged to you if you will be kind enough to apply to his Ex- cellency General Shirley on his behalf; and if there is a vacancy, to use your influence to procure him a com- mission. If there is none at present, be pleased to ac- quaint the General that he is willing to enter as a volun- teer. If there is any prospect of his promotion, I should be glad to have a line from you soon. " I am, &c." In December, 1755, a Congress of the Provincial Governors had assembled at New- York, and agreed to raise ten thousand men to enable General Shirley to re- duce the posts of Ticonderoga and Crown Point, and the French forts on Lake Ontario. But nothing was done in execution of this agreement. The plans of General Shirley were consequently defeated, — and his recall fol- lowed. Major Alexander accompanied him to England in the autumn of 1756, to aid in the settlement of his accounts, and to vindicate by his testimony the character of his commander. He was accordingly examined as a witness on his behalf at the bar of the House of Com- mons, in April, 1757, and his evidence contributed mate- rially to the justification of his friend and patron. The candour and intelligence of the young American in giv- ing his testimony received the marked approbation of the House, and contributed, with the influence of Shirley and the letters he had brought with him from other mili- tary men of rank and family, to facilitate his introduction * It would seem from this, that the Continental Congress, the first Mayor of person recommended was a relation, — the City of New- York, after the Revo- probably a brother of James Duane, an lution ; and the first District Judge of the early friend and companion of young U. S., for the District of N. Y., under Alexander's, afterwards a member of the the Federal Constitution. THE LIFE OF LORD STIRLING. 9 to some of the most eminent public characters in Eng- land; while his conciliatory manners, social accomplish- ments, general information, and enlightened views in regard to the mutual interests of the mother-country and her colonies, recommended him strongly to their esteem and confidence. Among the friends distinguished for rank and station that he made at this period, was the eloquent and ingenious Charles Townshend, the versatility of whose talents and temper has obtained a permanent celebrity in the splendid eulogy and quaint metaphors of Edmund Burke.* The acquaintance between them commenced soon after the examination of Mr. Alexander before the House of Commons, of which Mr. Townshend was a lead- ing ministerial member, and speedily ripened into a friend- ship which led to a correspondence, of which it is to be regretted that the following letter is all that remains. f The Right Honourable C. Townshend to William Alexander, Esq. " Adderbury, near Bunbury, Oxfordshire, Oct. 1st, 1755. " Dear Sir, — I am obliged to you for thinking of me in your leisure, and shall be happy to receive you here whenever you are so kind as to favour us with your company. Our house is never full, nor can it ever be more agreeable to us than when you have an apartment in it. If General Shirley or Mr. Morris, J or both, can persuade themselves to show us the same mark of their kindness, they will oblige us also. I have only to hope * In his famous speech on American t Vide Preface. Taxation. In describing the parliamen- i Robert Hunter Morris, Chief Jus- tary eloquence and tact in debate of Mr. tice of New Jersey in 1738, and Gover- Townshend, Burke, with his usual fe- nor of Pennsylvania in 1754. licity of familiar allusion, observed that Mr. Townshend, when he spoke, " took the House between wind and water." 10 THE LIFE OP LORD STIRLING. that you will not only just appear, and then leave us to regret, but that you will pass some time with us. " The season is too far advanced to expect any but laborious shooting ; but I have hounds at command, and will attend you if you love that sport, as far as a sober hare-hunt, at a prudent hour. If you do not love field- sports, there are many fine seats around me ; — within doors, there are books, and you may depend upon hav- ing the uncontrolled direction of your own thoughts, time, and amusements. " Thus we live, and if you like to live thus, you can nowhere bestow your leisure where it will be more ac- ceptable than upon Your affectionate and faithful servant." It was from the encouragement of Mr. Townshend, the Duke of Argyle, and the Earl of Bute, in addition to the persuasions of General Shirley, and of his friends Messrs. Thomas and John Penn, the Proprietaries of Pennsylvania, and of Mr. Morris, their Governor of that Province, that Mr. Alexander was induced to lay claim to the vacant Earldom of Stirling. His father, before leaving Scotland, was known to be the presumptive heir to the tide, but not to the estates of Henry the then Earl. But upon the death of that nobleman, which happened in 1737, James Alexander, not less from the moderation of his views than from the circumstances under which he had left his native country, made no claim to the succes- sion. The son, however, had derived from his father and mother together, a considerable inheritance, and had acquired by marriage* a fortune, sufficient in those days * Before he visited England, he had Philip Livingston, the proprietor of the married Sarah, the eldest daughter of manor of that name. THE LIFE OF LORD STIRLING. j j for the support of a Scotch Earldom ; and from his age, habits, and associates, the rank and title of a nobleman had greater attractions for him, than for his wiser and more philosophic father. He lost no time, therefore, after he reached Great Britain, in consulting the most eminent Counsel in Lon- don and Edinburgh upon the subject, and after a full in- vestigation of his case, he obtained the opinions of Mr. Wedderburn, in London, and of Messrs. Ferguson, Prin- gle, and Johnston, leading advocates in Edinburgh, in favour of his claim. Wedderburn, as is well known, commenced his professional career in the Scottish capi- tal — but removed to the metropolis of the empire in con- sequence of a difficulty with the Scotch Judges. He soon attained celebrity and fortune in this new and more elevated sphere — entered parliament under the auspices of the Earl of Bute, and during the administration of Lord North — became in succession Solicitor and Attor- ney General — and subsequently Chief Justice of the Common Pleas, and Chancellor. On his promotion to the bench he was raised to the peerage under the title of Baron Loughborough, and, on his retirement, gained another step in it, as Earl of Rosslyn, This distin- guished person was the principal legal adviser, and be- came the personal and confidential friend of Mr. Alex- ander. It was by his advice that the latter repaired to Edinburgh, in the summer of 1757, furnished with the necessary instructions, and with letters of introduction to the Counsel there, and to Mr. Andrew Stuart, an eminent writer, or solicitor. He remained in Scotland until the next year, and having, with the assistance of Mr. Stuart, collected the evidence requisite to substantiate his claim, he instituted the proper legal proceeding to establish it. 12 THE LIFE OF LORD STIRLING. During his residence in Scotland, Mr. Alexander formed many valuable acquaintances in that kingdom, and found there an old friend and companion in arms, in Captain Staats L. Morris, a native of New- York, who had en- tered the British army early in life,* and was now the husband of the Duchess dowager of Gordon. From the letters which follow, Mr. Alexander appears to have been domesticated at Gordon Castle during a part of the time he remained in Scotland. Captain Staats L. Morris to William Alexander, Esq. " Gordon Castle, January 18th, 1758. " Dear Alexander, — I have been honoured with two letters from you since we parted — one from Edin- burgh, the other from Newcastle — both which gave me great satisfaction. The day I left you, I got to Haddo House, and staid with Lord Aberdeen till next day after dinner. Then went to Aberdourf and staid all night, and the next day got here. We were as merry as we could be without our agreeable friend Alexander. You make the Duchess and myself extremely happy by the kind ex- pressions you were pleased to make in your letters. I need not repeat my regard and friendship towards you — and as for my Duchess, she bids me tell you she values your friendship, and as far as she can extend hers, you have it, and desires to be remembered to you in the kindest manner. " I hope this will find you safe in London, and well rested after your journey. I cannot flatter myself to hear often from you, as I know your business will em- * He had served in America under of a General Officer. He was the elder Shirley, and rose afterwards to the rank brother of Gouverneur Morris. t A seat of the Earl of Morton. THE LIFE OF LORD STIRLING. 13 ploy most of your time ; but I hope you will indulge me with a line now and then, to let me know how Mor- ris, Penn* and you go on. I have leave from my regi- ment to leave this, if 1 shall think proper, the middle of this month ; but I fancy I shall not get away before the middle of March, when I hope to have every thing set- tled to my satisfaction here. — You may keep Lord George Beauclerc's order, f for 1 sent one to the Major before you left me, and I have got a spare one from Barclay. Let me know how you are with regard to your health. I was hunting to-day, and we had the finest chase you ever saw. The Duke and all the chil- dren desire to be remembered to you ; and you have all the good wishes in their power to give. My love to my dear Morris, — tell him I should be happy in the acquaint- ance of his new relations. " I am, &;c." The Duchess of GordonX to the Same. " Gordon Castle, February 3d, 1758. " Sir, — Your friend Morris intended to have wrote you this evening ; but, being prevented by some busi- ness, desired me to make his excuse to you, and will write you by next post. " I am glad to hear you have got safe to London, where I hope you are agreeably entertained. — We all * Robert Hunter Morris and John service in Scotland, of which Mr. Alex- Penn, the latter of whom was Governor ander's interest in military affairs had of Pennsylvania in 1763, and again in induced him to request a copy. 1773. His brother Richard had also X This lady afterwards accompanied been Governor of the same Province, her husband on a visit to his relations in They were descendants of William Penn, America, and was long remembered in and had succeeded to his proprietary New-York for her masculine habits, rights in the Province. blunt manners, frank conversation, and t An order relating to the recruiting good heart. ]4 THE LIFE OF LORD STIRLING. regret much the loss of your good company at this place, and think ourselves much obliged by your kind remem- brance of us. The boat was launched on the Spy on the king of Prussia's birth-day, and sailed round by sea to Loch Spyrie, where she now rides at anchor. All your friends here join in compliments to you. " I am, &c." The following, of a different character, was from an old family friend, who had been in America. Patrick Greeme, Esq. to the Same. " Perth, February 3d, 1758. " Dear Sir, — When 1 had the pleasure of seeing you here, we promised to write to one another ; and having been some time in expectation of hearing from you of your safe arrival in London, but not being fa- voured with that, I would delay writing no longer. " The great esteem 1 always had for your father, and the mutual friendship that ever subsisted between us, makes me more anxious to hear of your good health and prosperity than god-fathers commonly are^ of which I hope you will acquaint me on receipt of this : and pray advise me if my very good friend and old acquaintance Governor Hamilton* be come to London — to whom, if he be, make my hearty compHments, and let me know how he is. — I should be glad, also, if you would let me into the Pennsylvania affairs that are carrying on in Lon- don ; if Isaac Norris and Benjamin Franklin, Mr. Penn's opponents, be in London, and what steps they are taking. I hope Mr. Penn, with his two late Governors,! will be * Andrew Hamilton, Deputy Go- t Hamilton and Morris, vernor of Pennsylvania in 1748, and President of the Province in 1771. THE LIFE OF LORD STIRLING. 15 able to overset all their measures. My acquaintance with your friend Governor Morris being but small, and many years ago, I am afraid he may have forgot me. However, please to make my humble compliments to him. I was much better acquainted with his father. I hope he and Governor Hamilton will support you, with Mr. Penn, in the memorandum you were so kind as to take in your pocket-book, for a patent in favour of my brother in Philadelphia, and my son John. I hope my brother's conduct in his office has been such that the honourable family never mean to remove him — at least, that this proposal of mine will be no prejudice to him. 1 desire, in a special manner, that you will make my humble duty and compliments to Mr. Penn. It gave me real concern to hear of the death of his son some months ago. I shall be glad to know how he and his family are, and what children he has alive. " When you write to New-York, make my compli- ments to your mother in the best manner, who, I am certain, will remember me well. I shall be glad to know what steps you took in Edinburgh towards your title. If in this country I can be of any service to you, I ex- pect you will freely command me, having it truly at heart to serve you. " I am, &c." The answer to the above letter is inserted in this place, though out of the order of its date, as in comply- ing with the request of his correspondent, contained in the last paragraph, Mr. Alexander mentions the pro- gress he had made in the affair which carried him to Scotland. 16 THE LIFE OF LORD STIRLING. William Alexander, Esq. to Patrick Grceme, Esq. " New Bond Street, April 24th, 1758. " Dear Sir, — I had the pleasure of receiving your letter of the 23d of February, soon after the date of it. I should long before have wrote to you in return, but be- ing in daily expectation of seeing Governor Hamilton, I put it off from day to day until I could have that oppor- tunity : nothing else should have made me so long ne- glect cultivating a correspondence which 1 much value. The mutual friendship which subsisted between yourself and my father, and the worthy character you have al- ways sustained, are sufficient to make that correspond- ence more than agreeable to me. " I heartily wish it had been in my power to have effected the matter we conversed about for your son John. Soon after my arrival from Scotland, by lights I drew from Governor Morris and Mr. Penn, I judged the thing impracticable, and since seeing Governor Hamil- ton, I am confirmed in that opinion. He tells me that the reversion of the office has for many years been en- gaged. However, there is not the least complaint against your brother's conduct in office, and I suppose he will hold it for life. Mr. Hamilton will write to you by this post on the subject. " As to the affairs of Pennsylvania, the Assembly have, for many years, been demanding unreasonable con- cessions from the Proprietaries. They, on the other hand, have as constantly refused them. This, in its course, has been worked up to a state of feeling that has produced anarchy, confusion, and great mischiefs in the Province. The Assembly, on their part, have sent home* * It can scarcely be necessary to ap- the Revolution, in a sense which would prise the reader, that this word " home " now be rendered abroad. is here used according to custom before THE LIFE OF LORD STIRLING i- Mr. Franklin,* to represent what they call their griev- ances. He has hitherto made no application to the Government; but has delivered the "heads" to Mr. Penn, who has laid the matter hefore the Solicitor and Attorney General for their opinion, whether consistently with the safety of his estate, with the power given him by the Crown, and the nature of the English Govern- ment, he can comply with their demands — which, I sup- pose, will be answered in the negative— and that Mr. Franklin's next step will be to apply to the King in Council.— While the Proprietaries had men of sense and virtue for their Governors, and while Franklin was at the head of the Assembly, they were kept within bounds ; but since they have had a Governor, who is worse than a fool,t and since Franklin has been on this side of the water, they are grown frantic. They have imprisoned a number of the inhabitants of Philadelphia — most of them without any cause ; though their pretence is inde- cent behaviour — laughing in their presence. " As to the affair of my title in Scotland, it has been retarded for want of some written evidence of a matter of which before we had only traditional proof. By my last letters from Mr. Stuart, my Doert at Edinburgh, I am informed that he had procured such corroborating evi- dence as is sufficient to enable him to venture the ser- vice,^ and by the help of papers in the Duke of Argyle's charter-room— of which I have now the use — all difficul- ties, I hope, will be put an end to. Mr. Stuart has taken * Mr. Benjamin— afterwards Dr. — § A proceeding in the Scotch law in FranliUn. the nature of an Inquisition, held on the t William Denny, Lieut. Governor death of an ancestor, to ascertain by the from 1756 to 1759. verdict of a jury the person entitled to t Scotice for agent or man of busi- the succession as next heir. ness. jg THE LIFE OP LORD STIRLING. out the brieves for the process, and the affair will, I be- lieve, be soon finished. « I am, &c." The proceeding above referred to, partook, however, of the delays for which the law is proverbial, and was not terminated in less than a year. The following let- ters, written in the interval, are inserted from their reference to a document which was deemed important in the settlement of the Northeastern boundary between the United States and the British possessions, by the Ashburton treaty. The Same to Mr. Andrew Stuart* "London, November, 1758. "Dear Sir, — I hope you will think I offer a very good excuse for not acknowledging your favour of the 5th of October sooner, when I tell you that about the time it came to hand, I was hunting in Oxfordshire, and being in full chase over a slippery piece of ground, my horse's heels flew up, and of course down came your humble servant ; the consequence of which was a vio- lent contusion on my right shoulder,! and a total disa- * This gentleman seems to have en- " Tell Hume he is so much worshipped joyed a station in the society of Edin- here, that he must be void of all passions burgh, above that usually conceded to if he does not immediately take post for men of his profession, and which must Paris. In most houses where I am ac- probably have been acquired by his lit- quainted here, one of the first questions erary and social accomplishments. In is, ' Do you know Monsieur Hume whom a letter of his to Sir William Johnstone, we all admire so much V I dined yes- dated from Paris in December, 1762, and terday at Helvetius's, where this same of which an extract is given in an arti- Monsieur Hume interrupted our conver- cle entitled " Passages in the Life of Da- sation very much." vid Hume," in a late number of the Dub- t This accident happened during a lin University Magazine, he says: — visit to Charles Townshend. THE LIFE OP LORD STIRLING. J 9 bility of writing until within these few days. It is now better ; and one of its first employments is to give evi- dence of my gratitude for the friendship you have shown in the prosecution of the business under your care. The reasons you give for not bringing on the service, are quite satisfactory, and are the highest evidence to me of your regard for my real interest. " There is no late news from America, but I am in daily expectation of hearing of the reduction of Fort Du Quesne. If any thing of importance occurs, I shall in- form you. " I some time since instructed Mr. Dagge* to write to you for a copy from the records of the Laigh Parliament House, of a grant from James VI. to Sir William Alex- ander, for the country of Nova Scotia, it being wanted in some measures the ministry are about to take with respect to the boundaries of that Province ; but I find Mr. Dagge, not rightly understanding me, has neglected mentioning it to you. It is now much wanted ; and I must therefore desire you will, as soon as possible, send me a fair copy of it, properly authenticated, according to the custom of Scotland. " I am, &c." Mr. Andrew Stuart to William Alexander, Esq. " Edinburgh, 5th December, 1758, " Dear Sir, — By the last and preceding posts I am favoured with two letters from you, and in obedience to the first of these, I went to the Laigh Parliament House to search among the records for the original grant of Nova Scotia, which I found, and expect to be able to * His Solicitor in London. 20 THE LIFE OF LORD STIRLING. send you by the next post. There is a lad close at work copying it from the record, but the charter being very long, it could not possibly be got ready to-night. " I do not purpose at this time to take up your time with any further particulars about your own affairs, as in a post or two I am to send you a state of the proof, such as we are to lay before the jury, and Mr. Johnston's opinion thereon, — in whose hands the papers have been for some time past. T shall only tell you at present, that, now our evidence is collected, Mr. Johnston has a fa- vourable opinion of it, and thinks we have, as far as could well be expected in so remote a matter, sufficient to satisfy a jury. I have been bespeaking Lord Dun- donald and some others of your acquaintance to be on the jury ; and intend to write to Mr. Murray, of Aber- cairny, to come to town on the occasion, who, I imagine, will not decline this piece of trouble. We would wish to have the jury composed of the most creditable people. " Captain Morris came to town late on Saturday night from Dunkeld, and returned home early yesterday morning alongst* with the young Duke of Gordon and his brother, who came to town early on Sunday night. I had not an opportunity of seeing Captain Morris this last time he was in town, but have this night forwarded your letter to him at Dunkeld, where he now is. I had called on him on Sunday to pay my respects ; — he happened not to be at home, and the Duke of Gordon and his brother had not yet come to town ; the people of the house imagined he was to stay in town some days, and when I called next morning, was so unlucky as to miss him. " I am, &c." * According to the Scotch orthogra- oms occur — as will be observed — in Mr. pby. Many Scottish expressions and idi- Stuarl's letters. THE LIFE OF LORD STIRLING. 21 The service was not completed until the spring of 1759, when the favourable result of the proceeding was immediately communicated to Mr. Alexander by his Solicitor. The Same to the Same. " Edinburgh, 24th March, 1759, " Dear Sir, — Allow me to wish you joy upon your affairs here being brought to a happy period. I had re- solved never to write to you until the service was over. To tell you what rubs we met with, that occasioned the delay, would give you very little entertainment ; all I can propose to do to-night, at this late hour, is to let you know that every thing has ended to our Avishes, and that you will have a particular account of the whole from me by next post, with the memorials and answers rela- ting to it. We had a most creditable jury — of the best gentlemen in town, who, with one voice, have found you nearest male-heir to the last deceased Earl of Stirling. I must break off to give this letter a chance of catching the post. '^ I am, &c." The Same to the Same. •' Edinburgh, 28th March, 1759. " Dear Sir, — With this you will receive a packet of papers which 1 intended to have sent by last post, but they could not all be got ready. The return of your service from the Chancery is not yet sent me ; but the people at the office have promised to send it to me this night, so that it may be forwarded to you with this. " The papers now sent you, are (No. 1) a memo- 22 THE LIFE OF LORD STIRLING. rial* laid before Mr. Ferguson in December last ; (No. 2) his answerf to it ; (No. 3) a new memorial made up in the month of March, after the evidence was completed, — and (No. 4) answers by Mr. Ferguson, Mr. Solicitor Pringle,t and Mr. Johnston to this new memorial. A copy of the depositions was formerly sent you, so that, from those and the papers now sent, you will have a pretty good view of the whole case. That it may be better understood, I likewise send you a tree showing the several branches of the family. We had several copies of this tree made out to put into the hands of the jury, that they might more readily apprehend the con- nection ; and, to give more force to the evidence, the witnesses related to the family are distinguished in the tree, to point out the nearness of their own relation, whereby they would have access to know or learn the facts they depose to. " From the answers (No. 4) to the first memorial, you will observe there was a difference about the suffi- ciency of our proof in the remote parts of our propin- quity, viz., John Alexander's relation to the (first) Earl of Stirling. This made us defer the service, and make many searches for some written evidence on that point. We found something to increase the probability, but not absolutely conclusive. In Mr. Ferguson's answers, he suggested that it would be of use to have some evidence of the common fame of the country, about your branch being relations of the Earl of Stirling, from witnesses that were in no ways related to the family. We had the happiness to succeed in this, having examined two very old men, who remembered the common fame in the country a great many years back. * Or statement of the case. \ Afterwards raised to the bench by t Hia opinion on the case submitted. the title of Lord Alenioor. THE LIFE OF LORD STIRLING. 23 " Having exhausted the searches of the records, and amongst the papers of the family of Argylc, of Mr. Abercrombie of Tulliebody, and of every other place where papers relating to the family of Stirling could be expected to be found, and having examined all the wit- nesses we could hear of, it was in vain to delay the ser- vice any longer. I therefore wrote for Mr. Porteous* and Mr. Thomsonf to come to town, to be present at the service. When they came, there was a necessity of having the service delayed a few days, by reason that some of our jury could not attend, and I was resolved that we should not have the matter brought before any jury but one composed of the most creditable gentlemen in the country. An improper choice of a jury would have given a bad aspect to the whole. I found that several gentlemen of the jury were desirous that the whole evidence should be previously considered by the most eminent Counsel here, and their opinion taken in writing whether it was sufficient to entitle you to be served heir-male. Accordingly, I made up the memo- rial No. 3 upon the whole proof, and after being fre- quently with Mr. Ferguson, Mr. Pringle, and Mr. John- ston on the subject, they gave their joint opinion, whereof a copy is now sent you. Several copies of the memorial No. 3 were made out and put into the hands of the jury, and the opinion of the Counsel was shown to • The Rev. Jamrs Porteous, Minister From the character of the son, as exhib- of Monyvard, in Perthshire, who mar- i'ed in his letters and those of Mr. Stu- ried into the family of Alexander. He ait, he seems to have borne a much was the son of Captain John Porteous, stronger resemblance to the Reuben But- commander of the municipal guard of ler of ihe Novel, than to his own father. Edinburgh, whose lynching by the mob t Writer in Crief, near Stirling, who of that city is used with so much effect had been employed by Mr. Stuart in by Sir Walter Scott in his beautiful fTc- making searches in the records of that tion of the " Heart of Mid Lothian." city. 24 THE LIFE OF LORD STIRLING. most of them. These greatly facilitated the service ; and the jury were unanimous in finding you the nearest male-heir to the last Earl of Stirling. " Your relation to the Earl of Stirling being now established, the next thing to be considered, is, how far it entitles you to the peerage ? This, I fancy, must be gone about with great deliberation, and after taking the opinions of the most eminent Counsel in England and Scotland. I am told there would be little doubt that in Scotland, a patent not confined to the heirs-male of the body, would go to the heirs collateral, but that the case is otherwise in England. One would reasonably think that the laws and customs of Scotland would regulate questions relating to Scotch peerages, excepting so far as altered, either by the Articles of Union, or by express Act of Parliament ; and as the rights of heirs-male col- lateral, and the interpretation of patents, is not affected either by the one or the other, the laws of Scotland should take place in this case.* " If you intend to lay claim to the peerage in conse- quence of the service, I am humbly of opinion that the most proper method will be to have the opinion here of the most eminent Counsel, upon the laws and custom of Scotland with regard to peerages granted to heirs-male general, in virtue of patents similar to the Earl of Stirling's. I have already learnt some instances that * It had appeared from the proofs be- from the first Earl. The question there- fore the jury of service, that Mr. Aiex- fore now arising was, whether, since the ander was lineally descended from an union, the laws of Scotland had given uncle of the first Earl of Stirling. The place to the law of England in regard to direct male line of the latter had failed the descent of Scottish peerages. Lord upon the death of his great-grandson, Thurlow was the only great lawyer of Henry Earl of Stirling, in 1737, without the day who contended that it had. But leaving an heir-male of his body, or any not until many years afterwards, collateral male heir lineally descended THE LIFE OF LORD STIRLING. 25 happened before the union of the kingdoms, and upon further inquiry expect to get many more. I shall not take any steps towards advising Counsel on this point, until receiving your orders, being uncertain whether you intend to lay claim to the peerage upon the general words of the patent. " Just now the return of your service is sent me from the Chancery, — which you will receive inclosed. By it you will see who the gentlemen were that have been so good as to favour me with their attendance on this occa- sion. They are all very well known to Mr. Wedder- burn, to whom you will please to show this letter, and the papers now sent. He will be able to judge what are the proper steps to be taken. " I cannot conclude this letter without telling you how much we have been obliged to Mr. Porteous, the minister of Monyvard. He has grudged no trouble or time in this affair — came to town, and staid several days on purpose. It was with great difficulty I prevailed on him to let his charges to town be paid by Mr. Thomson, and he would not accept of any thing further from me to indemnity his charges and consumpt of time. He was excessively happy at having every thing brought to so good a bearing. I send you inclosed a copy of the account I have paid to Thomson, the writer at Crief : it is as moderate as could be stated in proportion to the trouble I was obliged to give him. There has been vari- ous other articles of necessary expense incurred upon this occasion ; but I am sure there are none that could have been avoided in a matter so diffused, and that re- quired such investigation. I shall not trouble you with further particulars this night. If there is any thing in the proofs or procedure that you think requires to be 26 THE LIFE OF LORD STIRLING. further explained, I beg you will acquaint me ; and the reason of the infrequency of my letters no longer sub- sists, you will find me a more regular correspondent than heretofore. « I am, &c." CHAPTER II. 1759-1761. The object of Mr. Alexander in procuring himself to be judicially recognized as the heir-male of the de- ceased Earl of Stirling, was by no means limited to the attainment of the peerage. His main purpose was to obtain the acknowledgment and possession of certain territorial rights of property and jurisdiction in America, which had been granted to his ancestors, and which he conceived to have devolved on him with the title. He did not, however, assume the latter until it had been con- ferred on him by his correspondents, and he had received the opinion of Mr. Wedderburn and his Scottish Counsel that his case was governed by the laws and customs of Scotland antecedent to the Union. He seems, at this period, to have contemplated purchasing an estate in that kingdom, and after a short visit to America, for the pur- pose of settling his affairs, to have established himself permanently in Great Britain. But the sequel will ex- plain the reasons which determined him to abandon that intention. The Rev. James Porteous to the Earl of Stirling. "Monyvard, April 21st, 1759. " My Lord, — I have been this week in Stirling, and took a particular inspection of the house of the first Earl of Stirhng, which now belongs to the Duke of Argyle — 28 THE LIFE OP LORD STIRLING. whereof he makes nothing, and never visits it. It is a fine situation, and has a grand prospect over the most beautiful country and river in the kingdom. A perfect trifle would furnish therein a small lodging, which would answer jour purpose, until you proposed to reside with us in Perthshire ; and if you intended a grand house, the materials would save two thousand pounds. I am persuaded his Grace would sell it for a trifle. " There are two small estates, viz., Newton, and Pleam, in the County of Stirling, worth eight hundred pounds sterling per annum. Land is still improving with us, and we generally can lose nothing if we buy at twenty-flve years purchase. I presume to give you these hints as you go soon to America. You are happily provided with Mr. Stuart as a Doer in Edinburgh ; and if you have any business at Stirling you may trust Wil- liam Danskin, a merchant there — not so much because he is married to a distant relation of ours, as because of his integrity, skill, and friendly disposition. Wishing you a safe voyage, and happy return, " I am, &c." William Trumbull, Esq, to the Same. " Easthampstead Park, July 15th, 1759. "My Lord, — If your Lordship has not already ap- pointed all your Chaplains, I should be obliged to you if you would give me leave to recommend a particular friend of mine. I hope you will be so good as to excuse the liberty I have taken.* " I am, &c." ' The advantage resulting from such holding a plurality of livings in the an appointment, was the privilege en- Church of England, joyed by the chaplains of noblemen of THE LIFE OF LORD STIRLING. gg The Same to the Same. " Easthampstead Park, July 25th, 1759. " My Lord, — 1 received the favour of your most obliging and genteel compliance with my request, and should not have deferred sending my acknowledgments for it, had I not waited until my friend came hither, that I might send you his proper title. His name is the Rev- erend George Palmer, Clerk, A. M., Vicar of St. Mary's in Marlborough, Wilts. He desires me to send you his thanks for your very kind favour. " 1 hope 1 shall be in town the beginning of next week, when we shall both pay our respects to you, and shall at all times be happy to see your Lordship here. "I am, &c." The writer of the last two letters was the grandson of the former Earl of Stirling, one of whose daughters and coheiresses married Sir William Trumbull, a Secre- tary of State in the reign of William HI. and the friend and correspondent of Pope, who wrote his epitaph.* It was in consequence of a negotiation with this gentle- man, and a Mr. Lee, the son of the other daughter, and coheiress of the deceased Earl, for the purchase of their American claims, and the hope of obtaining their confirmation, through the influence of the Duke of Ar- gyle, the Earl of Bute, and his other friends connected with the Government, that Lord Stirling was induced to * "Epitaph on Sir William Trum- An honest courtier, yet a patriot too ; bull, who died at his retirement at East- '"f ":° »>'« "rinee, an.l to his country true : Filled with tho sense of ago, the fire of youth, hamsted in Berkshire, 171G." A scorn of w-rangiing, yet a zeal for truth ; A generous faith, from sui)erslilion free ; " A pleasing form ; a firm, yet cautious mind ; A love to peace, and hate of tyranny ; Sincere, though prudent; constant, yet resigned ; Such this man was: who now from earth Honour unchanged, a principle professed, moved. Fixed to one lide, but moderate to the rest ; At length enjoya that liberty he loved." 30 THE LIFE OF LORD STIRLING. postpone his return to America. He now hired a house in London, and resided there for some years, in the full enjoyment of the pleasures of London society, with the peculiar advantages of his position. During this period, the correspondence of his zealous friend, and vigilant and indefatigable professional agent in Scotland, was continued. Mr. Andrew Stuart to the Earl of Stirling. "Edinburgh, September 11th, 1759. " My Lord, — The last letter I had the honour to receive from you, was of so old a date that I am ashamed to mention it. — Being later than any from me, it proves me guilty of too long silence. I have been the great- est sufferer by the want of your correspondence, but of late I have had the pleasure of hearing of you frequently by my brother, whom I am glad to find has been often with your Lordship while at London. " In your last letter you was pleased to desire me to draw upon you immediately for my reimbursement of money advanced on your account, and to mention my banker. By the business of the Sessions here, and some other affairs which engaged my time and attention of late, your commands have not been obeyed as soon as they ought to have been. I now send inclosed to your Lordship, the accompt of depursements and writ- ings, &:c. When your Lordship fills up the blank, which is left for such sum as your Lordship thinks proper to allow me for my pains, be pleased to pay the amount to the accompt of my friend Harry Drummond, whose dis- charge will be equally good with my own. " The memorial made up in London, which you sent THE LIFE OP LORD STIRLING. 3| me after the service, has been frequently perused ; and it seems to me to be very neatly drawn, and much to the purpose. From the precedents and arguments there stated, one would think it most agreeable to reason that a patent, not limited to heirs male of the body of the patentee, should transmit the title to heirs male collate- ral, in the same manner that the right to real estate would by such words be carried to collaterals. If the law of Scotland is to regulate the case, the argument will be strong on your side. " I hear you mean to apply by Petition, so as to have the matter tried at the bar of the House of Lords. I cannot help thinking that this measure should be avoided for many reasons. The Earl of Stirling is already on the roll ; and, in such cases, it has not been usual to have recourse to the method by petition. Does it not insinu- ate a diffidence of the title, your making use of a dif- ferent mode than that observed in indisputable peerages, where those who enjoy the title do not suppose any ob- jections against themselves, but barely rely upon the goodness of their title to defend against any objections that may happen to be made ? Has not your Lordship the same reason to rely on your title ? And if ever ob- jections are made at the election of Peers, or any other occasion, then you can be allowed to answer them as fully and to as good effect as at present. Is it not put- ting yourself to a great deal of expense and trouble that may probably be saved ? For it is most likely that no objection will ever be made ; — the rather that the objection on the terms of your Patent, would affect several peers in the same situation, who at present enjoy their titles unmolested ; whereas by making it a matter of dispute at present, you will, at great charges, fight a 32 THE LIFE OF LORD STIRLING. battle for many of the Scotch peers in similar situations, who will give no aid in supporting it. Besides, if the matter comes before the House of Lords, or is referred to the King's Counsel, they will think themselves obliged to state every possible objection, both to the terms of the patent, and the evidence of propinquity, and you may be put to great charges in calling up witnesses, &:c. " I think it my duty to write to you whatever occurs to me in your affairs ; but no doubt you have access to much better advice where you are. I only pretend to suggest things for your consideration ; and when you favour me with a letter, would be glad to know what are the reasons for the propriety of an application to the House of Lords. " There are at present some friends of mine, in the next room, who desire to be remembered to your Lord- ship : Lord Dundonald, and Sir Robert Henderson, desire me to say they will not accept of so short a visit as you paid them when last in Scotland. May we flatter ourselves with the hope of a visit to this part of the world before next winter ? " I am, &c." The Same to the Same. " Edinburgh, October lOlh, 1759. " My Lord, — About a month ago, I had the honour to write to your Lordship, and as 1 have no account of my letter's coming to hand, begin to be afraid it has miscarried. Not knowing your particular direction, I directed the letter and the pacquet therewith to Harry Drummond, from whom I have heard nothing of his re- ceiving them ; although at the same time I wrote to him THE LIFE OF LORD STIRLING, 33 that the pacqiiet contained an accompt for uiiicli he was to grant a rc^ceipt in my name. '•• In the letter which I sent to your Lordship, ah)ngst witli the pacfjuet, I stated fully what occmrccl to me in relation to what I heard was proposed about ap- plying to tile House of Lords, for tiieir Judgment about your right to tlu^ peerage. I stated some reasons that seemed to me to weigh against making it a matter of debate before the House of Lords: iiowever, if your Lordship is resolved or advised to bring it there, 1 think it would be of great moment to have the signed o])ini()n of the most eminent Counsel here concerning" the; iisai^e that obtained in Scotland before the Union, in the \\\W.x- pretation of patents similar to that whereon you claim; for if it be once ascertained that according to the laws of Scotland, heirs-male collateral would before the Union have enjoyed a peerage not expressly limited to the heirs male descended of the patentee's body, the only thing remaining, would be to show that the treaty of Union was not meant to innovate any rights or privileges of Scotch peerages further than is mentioned in the Articles of Union themselves. " Mr. Ferguson, our most eminent Counsel here, and one very much conversant with our anticjuities and history, is one whom I would recommend to be advised on this occasion; and that a case should be laid before him, col- lecting what materials can be foinid in the records here, proper for his consideration. It uould, at the same tinje, be ])roper to lay before him the case you sent me from London, \\ hich, in a U^w pages, has given a very distinct view of the state of the question, and the argu- ments it will j)robably turn iij)on ; but as that case refers to decisions and similar cases of peerages in Scotland, 3 34 THE LIFE OP^ LORD STIRLING. without any evidence of the cases referred to, it would be necessar)' to obtain from the records here, the evi- dence properly authenticated of the terms of the patents, and of tlie proceedings held upon any of the cases that were disputed. To get these from our records here, will be very expensive, and unless there is to be a trial before the House of Lords, I think would be unneces- sary. I shall not, therefore, take any steps in this search of the records, or in advising Counsel, until receiving your commands. If the case is to be argued, I fancy it will likewise be necessary that there be an authenticated copy of the evidence taken at Crief, and elsewhere, concern- ing the propinquity, which, no doubt, the House of Lords will expect to be laid before ihem. 1 beg to have your Lordship's directions with respect to the above particu- lars as soon as convenient, and to know whether my former letter has come to hand. " I am, &c." The Earl of Stirling to Mr. Andrew Stuart. " London, October 27th, 1759. " Dear Sir, — Since I received your letter of the 1 1 th of September, I have been hindered from answering it by a variety of incidents — some of which I hope you have been informed of by our friend H. Drummond, who promised me to make my excuses to you ; and since the receipt of yours of the 10th instant, I have been waiting for a conference with Wedderburn, who is chiefly at Windsor, before 1 could answer it. I saw him a day or two ago, and he has promised me a meeting soon on the subject with our friend Mr. Johnston. " As for my own part, I have lone, since been fully of opinion that any petition from me to the Crown would THE LIFE OF LORD STIRLING. 35 be very improper ; for I cannot help thinking that I have already gone through all the forms that the laws of my country require, to put me in possession of my title, un- til objections are made at an election of peers ; and on this footing I would choose to have left it : nor have I yet heard any thing that had the appearance of a reason why it should not be so. On the contrary, I have urged the very arguments you mention in your letters, and the only answer I could get to them was, " You must peti- tion, or the Lords will notice it in a manner that will be disagreeable to you." — " What must I petition for r The foundation of all the precedents of petitions is re- moved in my case ; for the title is on ihe roll, and I have no competitor. It is hard to petition when I have nothing to ask for ; — a petition without a prayer seems strange to me." This was my language to a certain great man* — but petition I must, and " as to the prayer, let it be that his Majesty would declare and establish it." To end the controversy, I have petitioned. A copy of the petition I will inclose to you. The prayer has al- ready puzzled the Minister, and I believe when it comes to the House of Lords it will puzzle them too. Whether it stands referred to them, I cannot tell ; nor shall I give myself the trouble of inquiring : yet I would choose to be well prepared with every thing that is necessary, in case it should be referred, and my Lords should take it up. " I should be glad, for my own satisfaction, to be possessed of the opinions of the best Counsel in Scot- land, with respect to the effect of the law before the Union, in cases similar to my claim. It might also be of • The Duke of Newcastle, then prime minister. 36 THE LIFE OF LORD STIRLING. use to show to my friends out of the House ; but I do not believe it would be allowed to be read at the bar. I also think it absolutely necessary to have authenticated evidence from the records of all peerages held in Scot- land by collateral heirs-male — of the words of their pat- ents, and of all decisions in similar cases. These I think so absolutely necessary to have authenticated, that I must beg you will do whatever is necessary to obtain them as soon as possible. As to the evidence of the propinquity, Wedderburn is clearly of opinion that the Lords must take it from the return of the jury of ser- vice, and that their verdict will be sufficient until it is falsified : so that I believe we shall not want any of the evidence authenticated that was laid before the jury ; but when I have had this meeting with Wedderburn and Johnston, I will inform you what they think further ne- cessary. " I can never think of the part you have taken in my affairs but with the utmost gratitude. I am sure that your anxiety for my success was more than equal to my own. I am no less sensible of the frugality, economy, and industry with which you have prosecuted them ; and must confess that the expense under your management has been much less than I expected. 1 have filled up the blank in your account with the sum of two hundred pounds sterling, as the balance of it. " 1 am, &c." The Same to William Trumbull, Esq. •' New Portugal Street, November 9th, 1759. •' Dear Sir, — As you was pleased to desire that I would give you in writing the proposal I made you a few days ago relating to the rights of the heirs of the THE LIFE OF LORD STIRLING. 37 first Earl of Stirling may have in North America, that you might communicate it to Mr. Lee ; I shall now state the matter to you for that purpose. " The rights of which the first Earl died possessed in America, I conceive, were three separate tracts of land, — the first. Nova Scotia, an immense country, to which, within these hundred years, several persons have laid claim as having right under one Claude Delatour, a Frenchman, to whom, it is said, the Earl conveyed his right in 1629 ; — but I have sufficient evidence that the country was regained from the French in 1631, — since which time, 1 believe, nothing has been done by his de- scendants to invalidate his title — Henry,* the ancestor of your branch of the family, being averse to have any thing to do with his father's affairs, which were much involved by the expenses he had run into for settling this new colony. " The second tract was Long Island, a country now inhabited by several thousands of families. Here the Earl had his Deputy-Governor many years ; and when he died it was a thriving colony. After his death his Governor held possession many years for the family ; but Henry, for the reason before mentioned, neglected it, and about the year 1662, conveyed his title to the Duke of York, in consideration of his paying the Earl three hundred pounds per annum. The consideration, 1 am told, was never any part of it paid. Whether Henry had any right to make such conveyance, seems doubtful, as he was never served heir to his father, which is a form * The third Earl, and second surviv- William Lord Canada, the eldest son of ing son of the first — who on the death of the first Earl, having died in the lifetime his nephew, the second Earl svithout issue, of his father, succeeded to his titles and estates, — 38 THE LIFE OF LORD STIRLING. in Scotland absolutely necessary to vest him with the rights of his father. However, the Crown has, ever since James the Second's time, been possessed of this Island, and enjoyed the quit-rents.* " The other tract of which the Earl was possessed, is the country of St. Croix, or Sagadahock, adjoining to Nova Scotia on the west. After Earl Henry made the agreement with the Duke of York for Long Island, the Duke obtained a grant from the Crown of the Province of New- York ; and it was to include Long Island as a confirmation of his right to it. It seems the Earl lent the Duke his original grant of Long Island to enable him to make use of the same words [of description] ; and that in the same instrument that contained the Earl's right to Long Island, was also contained his right to the country of St. Croix ; and the Duke, in his new grant from the Crown, inserted not only the description of Long Island, but of the country of St. Croix also. Thus, whether designedly or not, the Duke obtained a pre- tence of a right to this third tract, which has since re- mained in the hands of the Crown, but is not possessed by any of its subjects — a circumstance much in our fa- vour, as the restoring of it will be attended with less inconvenience than if it had been settled. " This, from the best intelligence I have, is the situa- tion of the claim that the heirs of the first Earl of Stir- * In 1635, Charles I. requested the the same instrument he authorized Far- Plymouth Company — within whose ret to take up and dispose of, for his own Charter Long Island was supposed to use, 12000 acres of land ; in pursuance have been included — to issue their pa- whereof Farret made choice of Shelter tent to the Earl of Stirling for Long Island and Robin's Island in Peconic Island and the adjacent islands, which Bay — which he afterwards sold to Ste- was done accordingly ; and in 1637 the phen Goodyear of New Haven : Vide Earl appointed James Farret his agent Thompson's Hist, of Long Island, to manage and dispose of the same. By THE LIFE OF LORD STIRLING. 39 ling have in America. Whether the right to these claims descends to the heirs at law — which would be yourself and Mr. Lee — or whether it descends to his heirs- male — which I am found to be — I cannot tell ; but from some circumstances before mentioned, I should think it doubtful whether Henry had any legal right to make the agreement with the Duke of York, or whether he could have any legal right to any part of his father's posses- sions, as he would not suffer his service of heir-male, nor be subject to any of his debts — which occasioned his estates in Scotland to be divided among his credi- tors ; and the only thing that secured his American estate from the like sequestration was its remoteness, and the little value of land in that country at that time. However, I think it best for us all to act jointly in any application that is to be made for the recovery of those rights ; and I am willing to come into an agreement with you and Mr. Lee about the matter. I will agree that whatever may be recovered shall be divided — one half between you and Mr. Lee, and the other half to myself; and as I shall have some leisure this winter, I will take all the trouble and expense of searching the matter to the bottom, and of prosecuting it so far as we shall jointly think it prudent. I should be glad if you would communicate this proposal to Mr. Lee, and to have yours and his answer as soon as convenient ; for American matters, which were formerly little regarded by the Ministry, are now become an object of attention ; and they will now be glad to have the titles of their American Colonies well settled : besides, I shall set out for America next spring, and, perhaps, we shall never again have an opportunity of acting jointly in the matter." 40 THE LIFE OF LORD STIRLING. " When you write to Mr. Lee, be pleased to make my most respectful compliments to him. Had I been in Yorkshire this summer, I should certainly have had the honour of waiting on him, and am not without hopes of having that pleasure still, before I leave England. " I am, &c." Mr. Andrew Stuart to the Earl of Stirling. " Edinburgh, November 22nd, 1759. " My Lord, — In a letter lately to Harry Drummond, I desired him to make my apology to your Lordship for the delay of my writing. By my being so much at Hamilton, and other parts of the country this vacation, I have not yet got the searches completed, which in your last were directed. I want to have them completed before taking the opinion of Counsel. When the records have supplied me with the materials, (which I expect now in a few days,) I shall state in the case all the pre- cedents that have any relation to the present question ; and if subjoined to this, be the favourable opinion of our most eminent Counsel, I cannot but think it ought to have some effect above. I know such opinions will not be allowed to be read at the bar, but the same persons whose judgment determines the matter within doors, may possibly form their opinions from what they learn out of the House. Mr. Johnston and I have appointed to meet the beginning of next week for settling the case, which will be forwarded to you as soon as completed. " I am much indebted to your Lordship for the oblig- ing, and I may say, too favourable light in which you have been pleased to view my endeavours in your affairs, and for the manner in which )ou have footed up my ac- THE LIFE OF LORD STIRLING. 41 compt. Every opportunity I have of showing the sense of your Lordship's favour and friendship, will give me real pleasure. None of my concerns I find can escape your notice ; the congratulations upon the return of the Hamilton business, are a proof of this. Such short-lived revolutions are very agreeable where one has the experi- ence of so good friends taking part in their concerns. The behaviour, indeed, of Duke Hamilton's guardians all along in my affairs, was such as 1 had the greatest reason to be pleased with. " May I beg leave to give your Lordship the trouble of presenting my compliments and best respects to Mr. Townshend, and tell him how sensible I am of the honour of his remembrance. " I am, &c." From the following extract of a letter from Mr. Lee to Mr. Trumbull, with the letter inclosing it to Lord Stirling, it appears that the proposal made by the latter respecting the Sagadahock* lands, had been' accepted by those gentlemen ; and the subsequent correspondence between the parties explains more fully the nature of the agreement finally concluded between them. William Philipps Lee, Esq. to William Trumbull, Esq. =' York, November 28th, 1759. " I have returned you Lord Stirling's letter, to whom, when you write, I desire you will present my respects. As to his Lordship's proposal, if you agree to it, I shall readily come into it, and am willing to sign any agree- ment necessary to the carrying it into execution." * A territory comprising all the present State of Maine, lying eastwnrd of the Kennebec River. 4-2 THE LIFE OF LORD STIRLING. William Trumbull, Esq. to the Earl of Stirling. " Easthampstead Park, December 13th, 1759. " My Lord, — Above is a copy of my cousin Lee's letter in relation to your Lordship's proposal in your let- ter of the 9th of November last ; and as he is very will- ing, so am I, to come into the agreement you proposed. I have therefore now sent up all the writings and papers, relating to our North American affairs, as well as a book of Sir William Alexander's correspondence while he was Secretary of State for Scotland. " I think a proper agreement should be drawn up for us all to sign, which I desire the favour of your Lord- ship to do. " I am, &c." William Philipps Lee, Esq. to the Same. York, January 12th, 1760. " My Lord, — Upon receiving the honour of your Lordship's letter, I writ to Mr. Trumbull mentioning some trifling alterations in the copy of the agreement you was so obliging as to send me. My cousin has since been in London, but was not so happy as to meet with your Lordship. He will soon, 1 hope, be more suc- cessful, when I doubt not a very few words will entirely settle the affair. " I am, &c." The Earl of Stirling to William Philipps Lee, Esq. " London, February 27th, 1760. " Sir, — I had the pleasure of receiving your letter of the 12th of January, which I should have acknowledged before, but was in daily expectation of seeing Mr. Trum THE LIFE OF LORD STIRLING. 43 bull, who has been kept out of town by a cold, until a few days ago. Since he came to town we have cor- rected the draft of the agreement, and added a clause ex- plaining that I am to be at all costs until something is recovered. I hope the agreement as it now stands, and the power of attorney, will be quite agreeable to you. 1 have executed the agreement on my part, and have delivered it to Mr. Trumbull, who will transmit it to you, with the power of attorney, for your signing. I should have been extremely glad to have waited upon you on this occasion, but that pleasure I must debar myself the hope of, until towards summer, when I shall certainly call on you on my w^y north. " The claims we have on government, and in Amer- ica, are very important, and I think there is evidence sufficient to make them quite clear. I have them in such forwardness as to lay before the King and Council soon ; but whatever steps are taken I will inform you of. *' I am, &c.' William Fhilipps Lee, Esq. to the Earl of Stirling, " York, February 18th, 1760. " My Lord, — Before I received the honour of your Lordship's letter, Mr. Trumbull sent me the Articles and letter of Attorney, which, by the return of the post, I sent back to him signed, and hope by this time they have come safe to your Lordship's hands. " If your Lordship should be at any time, a quarter of an hour at leisure, it would give me great pleasure to know what your brother peers are quarrelling about be- fore a court-martial. We have a report here that Lord George Sackville, to all appearance, is not to take his 44 THE LIFE OF LORD STIRLING, trial.* I am very sorry to hear it ; for I think the honour of the British nation requires a strict scrutiny into that affair. " I am, &c." The Earl of Stirling to William Philipps Lee, Esq. " London, February 23rd, 1760. " Dear Sir, — I had the pleasure of receiving your letter of the 18th on Thursday last, and yesterday I re- ceived from Mr. Trumbull the Articles of agreement and letter of Attorney. The steps that I am advised are necessary in that affair I shall pursue immediately. " Lord George Sackville, to all appearance, has acted the part of a man desirous of his trial. After many doubts whether he was liable or not — the Attorney and Solicitor General having given it as their opinion that he was — his charge was made out, to wit, " disobedi- ence of orders," and a court-martial was ordered, but no time appointed for their sitting. Thus it stood a day or two ago ; but this morning I am told that next Mon- day se'nnight is appointed for their meeting. I wish he may have justice done him. If he is guilty let him suf- fer. If he is innocent, not only he, but the whole Brit- ish nation have been very ill used. The circumstances reported on both sides are very strong, but I must defer forming any opinion until I see the evidence given at the court-martial, and I shall then do myself the plea- sure of writing to you again on the subject. " 1 am, &c." • He was a Lieutenant General in the count Sackville, and appointed Secre- army, and charged with misconduct at tary of State for the Colonial Depart- the battle of Minden — found guilty, and ment — and President of the Board of cashiered. He afterwards assumed the Trade. He died in 1785. ■ surname of Germaine — was created Vis- THE LIFE OF LORD STIRLING. 45 fillliam Philipps Lee, Esq. to the Earl of Sliding. "York, March 12th, 1760. " My Lord, — I am glad to hear by the letter of the 23rd of February, your Lordship honoured me with, that the papers I sent to Mr. Trumbull are come saf<* to your hands. I hope soon to hear that your Lordship has entered upon this arduous affair, which proved too much for my uncle Lee, who often solicited in favour of the younger children of my grandfather Stirling, but with- out success. " Lord Charles Hay's* affair is now finished, but the result of it is yet a secret ; and as to Lord George Sackville's, I cannot guess when it will be finished if they do not make more haste than they hitherto have done. The gallant Captain Elliot'sf victory is a circum- stance of the greatest consequence to the northern sea- coast of England, and will probably sink the insurance, which has been very high of late. " I am, &c." * He was tried in January of thi.syear, of 36 guns each, in quest of the enemy. upon charges involving " every military On the 28th of Fehruary,he got sight of crime of which an officer could be guilty, them, and gave chase. About 9o'clock, except cowardice and disaffection." Capt. K. came along side of the French But no further proceedings were had in Commodore ; in a few minutes the consequence of his death on the first of action became general ; and having con- the following May. Vide Gent. Mag. tinued about an hour and a half, all the for February and May, 1760. French ships struck their colours. They t Commander of the iEolus of 32 lost iheir gallant Commodore, Thurot, guns, stationed at Kinsale in Ireland, and about 300 men. The British loss Having received advice from the Lord amounted to but five men killed and Lieutenant, that three French ships had thirty-one wounded. Vide Gent. Mag. appeared off Carrickfergus, he s.iiled, for March, 1760. accompanied by the Pallas and Brilliant 46 THE LIFE OP LORD STIRLING. The Earl of Stirling to Mr. Andrew Stuart. '= Portugal Street, June 22d, 1760. " Dear Sir, — I have received jour two letters of the 7th and 9th instant, with the copies of the several pat- ents and extracts therein mentioned, which gave me great satisfaction, as some of them apply exactly to the very letter of my case, and the others are in the same spirit. There can be no doubt, I believe, with gentlemen ac- quainted with the laws and customs of Scotland, that titles descended to collaterals, as well as estates, by the general words of " heirs-male ;" but as we are to show that in a country where the practice is quite different, we must be as strong as possible in our evidence of the practice ; wherefore I must beg you will continue your searches for as many more cases as possible, that will apply to mine. " I have desired Mr. Dagge to make inquiry into the proceedings at the time of sustaining Lord Colville's claim ; which, when he has got, I will send you. It is pretty certain, I believe, that there was no reference of it to the Attorney and Solicitor General ; for it seems to be agreed that they have no business with Scotch peer- ages. The best sort of proof of the usage in Scotland, seems to be such as you have been collecting, properly attested ; and of the propinquity, I am told that the Lords will expect to see attested copies of the evidence that was given on the trial of the service ; and if any further evidence be collected, it may be taken before some Chief Magistrate. They will not expect any wit- nesses to be brought up to be examined viva voce ; but I believe the service will have sufficient weight with them. It was very lucky indeed that we got the evi- THE LIFE OF LORD STIRLING. 47 dence of Mr. McL(^isli and John McGrovvtIior* taken in time. I much approve of the alteration jou have made in the sketch of the history of my family which I sent you ;t when it is completed I shall be glad to have a copy of it. " People in general, here, are much alarmed at the news we have from Quebec. Indeed they all give up the place as lost. For my part, I am not in such a fright about it. General Murray has still a good garrison with him — the works are quite sufficient to withstand an assault, and if the enemy are reduced to make a siege of it, I am in hopes they will be called off' by the danger of Montreal, before they can effect their design. Mr. AniherstJ set out from New- York, about the same time that the enemy must have arrived at Quebec. Prepara- tions for his march were already made on our frontier, and if he pushes on briskly, he will surprise Montreal without defence. Upon the whole, I think this march of the French upon Quebec may turn out a lucky inci- dent for us in the easier reduction of Canada ; as the French, by being so early out as all the month of April, must be ruined : for in that country, there is not a worse month in the year to be in the field, and at Quebec, even May is terrible. The frost is hardly out of the * These were very aged witnesses, t It had been supposed by Lord Stir- wlio both died shortly after their exam- ling, in common with others, tliat he ilnation before the jury of service. Their was descended from John, the fourth memories enabled them to trace by tra- son of the first Earl ; but it was render- dition and their own knowledge, the ed clear by the evidence of McLeish and descent of James Alexander, the father McGrowther, that he was descended of the claimant, from John the uncle of from John the Uncle, the first Earl of Stirling. They had t General, afterwards Sir JeflTrey been personally acquainted with James Amherst — subsequently raised to the Alexander bt-fore he left Scotland ; and peerage by the title of Lord Amherst, they testified that he had always been reputed to be the presumptive heir to the Earldom. 48 THE LIFE OF LORD STIRLING. ground — wet-thawing rains coming on, with violent gusts of snow and hail, are great inconveniences to tro()j)s badly provided with equipage; — and to these the French must be exposed, while the garrison of Quebec is covered by comfortable houses, with plenty of j)rovisions, and while Mr. Amherst is marching through a more southern cli- mate, where the warm season is more advanced.* " 1 am, &c." William Philipps Lee, Esq. to the Earl of Stirling. " York, July 16th, 1760. "My Lord, — I have received the honour of your Lordship's letters, with the copies of the Petitions. The gout, which has not yet quite left my hands, prevented my acknowledging these favours sooner. I am very sorry to hear of the melancholy occasion which calls your Lordship to America, but hope you will be able to leave things here in a promising way. Pray has your Lordship received any answer yet from the Board of Trade ? " 1 am, &c." The " melancholy event" above alluded to, was the death of Mrs. James Alexander. From what has already been said of this remarkable woman, it will readily be credited that she was long remembered for her liberality and intelligence — for her mental vigour, as well as her skill and activity in business. f Notwithstanding the loss * These predictions were verified al- the 8th of September. Vide Annual most to the very letter. Mons. De Register for 1761. Levi, who, after the fall of Montcalm, f As a proof of the respectability of succeeded to the conmiand of the this notable woman — it is mentioned by French army in Canada, was compelled Miss Sedgwick, in one of her novels, that by General Murray to raise the siege of Mrs. Alexander was at one period the Quebec on the 11th of May ; and Men- only person in New- York, except the treat capitulated to General Amherst on Governor, who kept a coach. THE LIFE OF LORD STIRLING. 49 of his mother, Lord Stirling was induced to prolong his stay in England for another twelvemonth — probably from unwillingness to leave the subject of his petition before the House of Lords undecided. His patience, however, seems at length to have been exhausted; and urged moreover by the necessity of attending in person to his affairs in America, especially after the death of his mother, he quitted England, after all, before the re- cognition of his peerage was obtained. He left London on the 24th of July, 1761, and the next day reached Portsmouth — where he was to embark on board the Alcide, man-of-war. Captain Hankerson, which he found waiting to sail with the first fair wind. At noon on the 28th, the signal was made for him to repair on board — and in the evening the ship was under weigh. She had under her convoy a fleet of transports and merchantmen, — which so much retarded her progress across the Atlantic that it was not until the 21st of October that she cast anchor in the bay of New- York.* * In the MS. journal kept on this convoy of the ^Zcic^e; and suggests that passage by Lord Stirling, he complains while thus in charge of a man-of-war, of the delays occasioned by the dull sail- merchant vessels should be subject to ing, dilatoriness in obeying, or total dis- martial law. regard of signals, of the vessels under CHAPTER III. 1761-1764. On his return to America, Lord Stirling took pos- session of the house in New-York, in which his parents had resided, and not long afterwards commenced building another at Baskenridge, in New Jersey, and improving a large tract of land there which he had inherited from his father. On the completion of this house, he made the place his summer retreat, and eventually his perma- nent residence. Soon after his removal to New Jersey, he was chosen a member of the Provincial Council, and continued to hold the office until the Revolution. So long as the political ties which connected the Colonies with the mother-country remained unsevered, his intercourse with his friends in Great Britain was kept up by a fre- quent interchange of letters. Besides his Counsel and Solicitors, his principal correspondents during that period, were the Messrs. Penn, his frie;.'^. and banker Mr. Henry Drummond,* the Reverend Mr. Porteous, and * As an instance of the general igno- them on a certain day ; and upon pre- rance in regard to America and Anieri- senting his lordship to the lady of the cans, prevailing at that period in Eng- house on the day of the dinner, he found land, Lord Stirling used to relate a ci'- his mystiJicatio7i had succeeded — for she cumstance attending his introduction to exclaimed in broad Scotch — " ynie God I the lady of Mr. Drummond. Her hus- the aionimal is wheete." She expected band had informed her that he had in- to see one of the copper coloured na- vited a native American to dine with tives. THE LIFE OF LORD STIRLING. 5[ some others of his Scotch relations. He also wrote oc- casionally on public affairs to the acquaintances he had formed among men in political life in England.* In the winter succeeding his arrival at New-York, he addressed a letter — of which there remains among his papers but the following imperfect draft — to the former preceptor and then confidential friend and favourite minister of George III., whose influence over the mind of that monarch ended only with his life. The Earl of Stirling to the Earl of Bute. " My Lord, — When I had last the pleasure of see- ing your Lordship — which was the day before I left London — I fully intended to have been in England again this winter ; but being detained by contrary winds some time in the Channel, and that succeeded by a passage of above three months,t made my arrival here so late in the year, that I had scarce time to do any thing in the affairs that occasioned my coming over to this country, before I was stopped in my proceedings, by the winter setting in very severely — and it has continued so ever since. " I have a number of tenants in different parts of this Province, and in New Jersey, who have been with- out leases these five years. The value of their farms has, in the mean time, greatly increased, and it will scarce be possible to settle the rents without visiting the farms myself, which cannot be done until the beginning of summer. Besides this, I have a good deal of intri- * Vide Preface. the West Indies also in charge — which t Fide Note p. 49. To what is there rendered it necessary to make the south- mentioned, may be added the circum- ern passage across the Atlantic, and stance that the Alcide had — besides the consequently to prolong the voyage. North American trade — a convoy for 52 THE LIFE OF LORD STIRLING. cate work to go through : the division and settlement of two large landed estates — one of which, in my absence from hence, has come to me from my father, and the other by my wife — and unless I attend to this business myself, it must be done at very great disadvantage to me. These things, my Lord, render it almost impossi- ble to be in England before next winter. But if, in the mean time, the House of Lords incline to go into an ex- amination of the foundation of my title, I have ordered Mr. Dagse, my Solicitor, to lay a full state of my case before their Lordships, with the evidence in support thereof — all of which he is already possessed of ; and in this case, my Lord, I must beg the favour of a little of your attention, that I may have your protection and as- sistance so far as to obtain that justice which every one in like circumstances in Scotland enjoyed. I only ask what the express words of the patent give to me ; — what has constantly been the practice of succession in Scot- land for a century or two before the Union ; — what has not been altered by that treaty, but is confirmed by it ; and this, my Lord, under your protection, I can make no doubt of obtaining, and therefore should be glad to have the proceedings in my case in Scotland brought be- fore their Lordships as soon as possible, that they may be satisfied that I hold my title agreeably to the practice in that country, in the most authentic manner. " I must beg leave to congratulate your Lordship on the happy event of his Majesty's marriage to a Princess so truly worthy of that high station as the world confesses her to be. 1 must also congratulate your Lordship on the success his Majesty's arms have already met with in the attack of the Island of Martinico. The troops as- tembled at the rendezvous without any accident — left THE LIFE OF LORD STIRLING. 53 Barbadoes the second of January, and made good their landing near Cape Solomon, in Martinico, the sixth, with very little loss, the o}3position being trifling. The Cap- tain of a vessel that passed by the Island on the 15th, says that he spoke with some of our men-of-war's boats, who informed him that there had been very brisk firing for three days near the town of Port Royal. The Rai- sojiable, man-of-war, in attempting to take her station, in order to silence a battery, struck on a rocky shoal ; the ship is lost, but the men and stores are saved. I hope, my Lord, in a few days to hear of the entire reduction of the Island. " After the reduction of Martinico, our force there would, in case of a Spanish war, be sufficient to take the town and port of the Havannah.* The possession of that port would enable us at once to cut off the Span- ish trade to all Mexico, and the main as far as Cartha- gena ; for every ship from those vast and rich countries must, in their passage to Europe, pass within sight of the Havannah. It would also deprive Spain of one of her best dock-yards ; the troops would be at hand to make an at- tempt on Louisiana, and, if there be any suspicion that the troops now in the West Indies would not be suffi- cient for the work, they may be reinforced with eight or nine good battalions from hence, provided these Colo- nies be ordered to relieve them from garrison duty by Provincials.f " Since my return to America, I have met with many new materials that will enable me to execute my map much farther into the interior parts of the country, * The conquest of the Havcnnnh was raised chiefly in New England, was, in actually made in the course of that year, fact, employed in these expeditions. Vide Ann. Reg. 1761. Vide Marshall's Life of Washington, t Avery considerable body of troops. Vol. L Introd. 54 THE LIFE OF LORD STIRLING. where 1 find the French travellers have not been so accu- rate in their surveys as we might have expected. I pur- pose next summer to make a journey round all the great lakes ; after which I intend to finish my map so far, and to do myself the honour of sending your Lordship a copy, with the measure of a degree on Hudson's River, which I am now preparing to execute." * ***** Henry Drummond, Esq. to the Earl of Stirling. " London, April 10th, 1762. *' My Dear Lord, — 1 received the pleasure of yours of the 11th of February, about three weeks ago, which, I assure you, gave me real pleasure, as 1 was extremely uneasy at your long silence. The packet you mention to have sent by Dr. Smith, has come safe to hand. " I am much obliged to you and my friend Amherst for the care you took of the two volunteers, who, I hear, are both provided for at Martinico. I sincerely wish you joy of our success there ; which, you may easily ima- gine, gave me no small pleasure, considering the great share Rodney had in it, who has been so kind as to write to me on every occasion the particulars, all of which you will have heard long before this gets your length. The consequence of this, in my opinion, must bring about a peace, — not so much from the event of such a conquest, which is no doubt one of the most material during the war, but that it will be a sufficient reason for us to begin treating again with France ; and when we do, remem- ber my words, a peace must speedily follow. I am so much corwinced of this, that the moment I hear of a ne- gociation, you may depend upon my putting every far- thing I am worth in the world into the stocks. THE LIFE OF LORD STIRLING. 55 " I refer you to a letter I have desired Mr. Dagge to write, for all particulars relating to the steps that have been taken about your peerage ; and I hope Lord Borth- wick's having carried his, after all the ill-natured things that could be said against him, is a good omen in favour of yours. I shall take care that Dagge wants not for money to carry it on ; and if it should still come on this session, you may depend upon my leaving no stone un- turned to do what little service may be in my power. If it should not come on this year, I do sincerely hope you will be on the spot yourself next winter, as I do sol- emnly think that your presence will be the means of carrying it. " Some time ago I had the inclosed sent to me from the Board of Trade ; the fees of which I ventured to pay, though I had no direction for it ; which I believe is called a Mandamus* and I take it for granted is a great honour to you ; and I suppose would not have been made out without your desire. I hope it will arrive safe ; I have taken all the care I could in sending it un- der a war-office cover, and putting it safe in that office- bag. " Your friend Mr. Charles Townshend goes on ex- tremely well, and gives great satisfaction in his office.f I have wished several times we had not troubled you and Amherst with the volunteers, as commissions in the new corps that have been raised since you went, have almost gone a begging. There has been an amazing promotion in the army since you left us, — all down to Lieutenant Colonel Brudenell have got the rank of Colonel ; and all * This writ related to the Sagadahock t Chancellor of the Exchequer, claim, and was directed to the Gover- nor of Massachusetts-Bay. 56 THE LIFE OP LORD STIRLING. the Majors, including our friend George Scott, have got the rank of Lieutenant Colonel, and to-daj I hear of two or three others ; one of which is Jamie Stuart, An- drew's brother. " I had liked to have forgot to tell you that Morris sets out in a few days for India, to join his regiment. I suppose he will write you himself. The Duchess be- haves extremely well on the occasion. " 1 am, &c." The following is referred to and was inclosed in the above. Mr. Henry Dagge to Henry Drummond^ Esq. . Bloomsbury Square, 10th April, 1762. " Dear Sir, — As it will be proper to inform our friend in New York, of what has passed in relation to his, and the other claims to Peerages, you will be pleased to transmit this letter to him. " Upon the hearing of the first peerage — which was that of the Earl of Cassilis — it was determined by their Lordships, that no retour posterior to 1710, should be admitted as evidence of pedigree — where that retour was taken with a view of taking up the title. "Upon the hearing of the next claim, viz., of the title of Borthwick, which was thought to be a very ex- ceptionable claim, there were produced several deeds and papers of an ancient date, in order to make out the claimant's pedigree, which was not made out to the sat- isfaction of their Lordships, among whom there was a difference of opinion as to the nature of the evidence re- quired in order to make out such ancient pedigrees, upon two former hearings, but was fully made out at THE LIFE OP LORD STIRLING. 57 the final hearing on Wednesday last, when parol evi- dence ivas admitted to be given by a ivitness examined at the bar of the House, of the general reputation of the country where the family resided, as to the extinction of some branches of the family, who, if they had existed, would have taken as heirs of the last Lord preferable to the claimant. " The admission of this kind of evidence will be of use to us when we bring on our claim, which our Counsel do not consider it safe to do with the evidence as at present possessed of. We are pretty well assured Mr. Sluart will be able to get some deeds and papers from the Duke of Arygle, and Mr. Abercrombie of Tul- liebody, their charter-chests, which, together with the parol evidence which we shall be able to offer, will be sufficient to satisfy their Lordships of our friend's pedi- gree. In the mean time there is an order that neither he, nor any other of the claimants, shall use their titles until they have legally proved their right : so that we think it desirable that he should not make use of the title, in subscriptions or any other public acts, until after the hearing, because his doing so might in strictness be con- sidered a contempt of the House of Lords. " Mr. Wedderburn and I join in our best respects and wishes to our friend, who may be assured of our most earnest endeavours to serve him in this matter. " I have cautiously avoided naming the person or title, for a reason which will be obvious from the caution we give our friend to delay using it until there is a hear- ing and determination on his claim, which I hope will be at the very beginning of the next session of Parlia- ment ; before which time we hope for the pleasure of seeing him in England. *' I am, &c." 58 THE LIFE OP LORD STIRLING. That Lord Stirling did not comply with the order of the House of Lords may be readily imagined. Besides its retroactive effect, he considered it repugnant to the Treaty of Union between England and Scotland, by which he was advised, the question of his right could only be entertained by that branch of the British Legis- lature, in case his vote at an election of representative peers for Scotland should be contested before it. There was moreover no other claimant of the title ; and he had been acknowledged and treated both in public and pri- vate for more than two years while he remained in Eng- land, and after his return to America, as the lawful possessor of the Earldom. He had used the title in his intercourse and correspondence with the ministers of the Crown and other officers of State, and in return had been addressed by it both in person and by letter, and so con- tinued to be, both officially and familiarly, by public functionaries as well as private individuals ; in Great Britain, as well as in the Colonies; before and during the Revolution, and to the day of his death, without denial, question, or doubt, until after he had taken up arms in support of the liberties and independence of his native country ; and although several attempts have since been made to disprove his right, for the purpose of establishing others pretending to be better — yet to this day no subsequent claimant has succeeded.* * It is stated by Mr. Turnbull, a ters that this is an error, into which Scottish Advocate, and the editor of the the learned editor was probably led, " Trial of Alexander Humphreys" — (one by the entry on that day of the of the late claimants of the Earldom) — order forbidding the use of the title in his preface to that publication, that until the claim was allowed. Hum- the petition of the American claimant phreys claimed as heir-at-law of John was rejected by the House of Peers on Alexander, fourth son of the first the lOth of March, nG2. Butitisevi- Earl — whom he alleges to have left a dent from the dates of the last two let- son, whose daughter married one Wil- THE LIFE OP LORD STIRLING. 59 It has indeed, been suggested,* that the disobedience of Lord Stirling to the order of the House of Lords, pro- liam Humphreys, father of the claimant. Now witliout dwelling upon the fact proved before the jury of service in Lord Stirling's case, that this John left only a daughter, it will be sufficient to enable the reader to judge of the merits of this claim of Humphreys', merely to remind him that the patent in 1633, to the first Earl, is limited to heirs male. To get over this, Humphreys pretends that, in 1639, a charter of Novu-damus was granted to the Earl of Stirling extend- ing the entail of the whole of his es- tates in Scotland and America, as well as of the honours in the original patent, to his heirs female. Upon the produc- tion of this document with others, Hum- phreys was indicted for forgery ; and on his trial, the jury, according to a practice allowed in Scotland, found a verdict that the instrument in question, and some of the others, were forgeries — but that it was not proven that the prisoner forged them, or was guilty, art or part thereof, or as an accessory thereto ; and also that it was not proven thai he utter- ed them as genuine, knowing them to be forged. Besides this indictment, a civil suit was instituted in the Court of Session in 1833, by the officers of Slate in Scotland, against Mr. Humphreys- Alexander, (for he had obtained a license from the Crown, to add the latter to his original surname,) for the purpose of setting aside certain proceedings under which he had assumed the title, and claimed the privileges of the Earl of Stir- ling. In this suit the various pretences set up by the defendant in support of his claims were met and opposed upon the following grounds amongst others, viz., " that the documents adduced were false. forged, fabricated and devised, vitinted and erased in sulistantialibus,ani\ defec- tive in the solemnities required by law" — that they were " irregular, and illegal, and funditus void and null ;" — and that the defendant was not lawful and near- est heir in general or in special to the first Earl of Stirling. The judgment of the Court on all these points was against the defendant, who appealed to the House of Lords, where the case is now pending. The forged papers were alleged to have been " recovered" in 1837, through the means of the notorious Marie Anne Le Normand, the most adroit and suc- cessful of French fortune-tellers, who died in 1843, leaving a large fortune, the result of tact and industry in her trade. The following account of the acquain- tance of Mr. Hurnphreys-.\lexander and his family with this ingenious per- sonage is given in his own words ; not so much from its connexion with the de- tails of the text, as to compensate for their dullness : " It appears," says Mr. Humphreys- Alexander, "that Lady Stir- ling had become acquainted with Mdlle. Le Normand in 1812, and had received from her the strong'st marks of atten- tion and regard, during her residence in France in the years 1812, 1813, and 1815; and that afterwards she kept up a correspondence with that lady from time to time. The appellant (Humphreys) had been frequently advised to direct searches to be made in France for any documents that might throw light on the hi.«!tory of the family of Stirling; and accordingly investigations had been repeatedly made in different quarters, under his directions. Among others who had been applied to * By Mr. Sedgwick, in his Life of Governor Livingston, p. 215. 60 THE LIFE OP LORD STIRLING. hibiting him from assuming the title until the hearing of his petition, may have influenced the final decision. But with a view to interest themselves on his behalf. Lady Stirling had made ap- plication to Mdlle. Le Normand, who had an extensive literary acquaintance, and who promised to get searches made in the public offices of France for any papers bearing on this subject. Accord- ingly she bestowed much pains in mak- ing the necessary investigations, and re- peatedly made it known to a large cir- cle of acquaintances, that she had under- taken to make these inquiries. Mdlle. Le Normand one day, about the middle of July, 1837, communicated to him that she had received a document which might be of importance to him ; and after conversing some time about his family, she drew from under a heap of papers, a packet ; and taking off the cover she showed him the map of Cana- da now in process. Various inquiries were afterwards made by her, for the purpose of tracing the individuals in whose custody this document had previ- ously been preserved, but without effect. In consequence of the appellant's anxiety that the map of Canada should be brought over in safety to this country, he sent his second son, Mr. Charles Alexander, to Paris, for the purpose of receiving it from Mdlle. Le Normand. Mr. C. Alexander, who had been previ- ously residing in Edinburgh, with his mother, was only nine days in Paris, when the map was delivered to Iiim, on the 8th of November, 1837, being the same day on which he left Paris. The map was enclosed in an envelope, hav- ing the following mark upon it in the handwriting of Mdlle. Le Normand : — "Cette carte du Canada, revetue de divers autographes, fut mise en ma possession le II Juillet, 1837. Je 1' ai remise aujourd hui aux mains de Monsieur Al- exander, second fils de Lord Stirling — a present a Paris. La ditte carte est sous envellopee revetue de mon cachet. Je m'en desaissis en faveur de la famille Stirling. Cette carte n'est point sortie de mon interieur que pour etre revetue de formalitees necessaires. En foi de quoi J'ai signe. M. A. Le Normand." Upon this map of Canada were written and pasted various somewhat lengthy letters, some dating as far back as 1707, respecting the charter in favour of Wil- liam Earl of Stirling. One is a long let- ter from M. Mallet, who concludes with these words : — " Ainsi Le Roi d'Angle- terre donne au Compte de Stirling, et a assure a ses descendants en perpetuite assez de terres fonder un puissant em- pire en Amerique." And the alleged original of this letter bears upon its mar- gin the following, asserted to be a mem- orandum by his Majesty Louis XV. — ' Cette note est digne de quelque atten- tion dans les circonstances presentes ; mais qu'en m'envoie la copie de la charte originale.' M. Villenave adds beneath this : ' J' atteste que les quatres lignesce-dessussont de la main de Louis XV., et parfaitements conforme a I'ecri- ture de ce Roi dont je possesse de plu- sieurs pieces et lettres autographs.' Upon these and the other French documents relied on by the appellant, the respond- ents made the following among other remarks : " The appellant sets forth that on the 12ih of July, 1837, he received information of the existence of an old map of Canada containing certain docu- ments concerning his family, partly writ- ten, partly pasted on its back, from THE LIFE OF LORD STIRLING. 61 were such decision ever made, it would have been much more likely to have been made in consequence of the Mdlle. Marie Anne Le Normand,whom he is pleased to style, an authoress of some note, who keeps a circulating libra- ry in Paris and possesses a considerable collection of unpublished MSS.' Mdlle. Le Normand is undoubtedly a person ' of some note,' since she turns out to be no other than the person who acquired such unquestionable celebrity as a sybil and diviner.and wasmixed up in many of the intrigues of the Court of Napoleon and the Empress Josephine. She appears now to have fallen somewhat in station, though she still practises the arts of di- vination for hire. The documents thus furnished, are not traced to any higher source than that of Mdlle. Le Normand. What they want, however, in historical evidence is supplied by a profusion of attestations of their genuineness by per- sons of high contemporary celebrity. These papers, the most important of which purport to be a private and con- fidential letter from a supposed ancestor of the appellant, and a copy of an in- scription on a tomb in Ireland, which cannot upon any theory be supposed to have interested any human being except the defender, or the family with which he claims to be connected, and the suc- cession to which did not open by the failure of the direct line, until long after, are yet actually authenticated by the alleged holograph attestations of such persons as Flechier Bishop of Nismes, and the illustrious Fenelon. They are further dignified by a note which is gravely said to be the handwriting of Louis XV., a prince who is believed to have written only two words in his reign, his own name, ' Louis R.,' and ' bon,' as an approval of any document submitted to him. His disapproval was marked by a line deleing the proposal, to save the fatigue of further penmanship — which indeed he so carefully eschewed that even his notes to his mistresses are written by a secretary." See Trial of Alexander Humphreys, Introd. pp. 46, 47. It is by no means improbable how- ever that some of these papers may have been genuine, though fraudulently ob- tained by Mdlle. Le Normand and after- wards adapted by her to the views of Humphreys, or rather to her own pur- pose of deceiving him. A letter will be found on a subsequent page, from the Comte Alexandre-d' Hanache to Lord Stirling, referring to the family connec- tion between them. The descendants of the Comte are still living in France, and at the time of the production of the map by Mdlle. Le Normand, his son the Comte Ernest d'Hanache was a captain in the garde royale, and an equerry to the Duchess of Berry, about whose person his sister also held an office. It is therefore very possible that the subtle and adroit sybil may have contrived by her artifices to procure from them without their knowledge, materials sufficient to deceive Humphreys, though not sufficient to deceive any one^ else, or establish his claim. In contrasting the claims of this person with those of the " American" Lord Stirling, Mr. Turn- bull observes that the former " modestly lays claim not only to the Earldom, but also to the whole territory in Canada, besides the Scottish estates pertaining thereto," while the latter "confined his claim to the honours of the patent of 1633, limited to heirs-male ; and al- though he made no formal claim to the 6a THE LIFE OF LORD STIRLING, part he took in the American Revohition, in favour of his native country, especially when it is recollected that he had always been an ardent whig, and that the whig ministry who were in power when he was in England, with many of whom he was on terms of personal inti- macy, were superseded by the authors of the oppressive measures which provoked the resistance of the Colo- nies.* Be this as it may, enough has been adduced to show that his claim — whether allowed or not — was not unfounded, or at least, not unsupported by strong pre- sumptive proof; and that it was preferred in good faith, under a full conviction of its justice and validity. To establish these positions, and thus to vindicate his name from the aspersions of enemies who have repre- sented him as a mere adventurer, and a usurper of hon- ours to which he had neither title nor pretence, were the only motives for dwelling on the subject; nor would this exposition have been deemed necessary had his reputation in this respect been vindicated by those pro- fessing friends, who in their imperfect record even of general estates, he assumed a right to (Za/nas genuine, it would not help him — the lands in Canada." It has, however, for in that case, the present Marchioness appeared that he purchased the right in dowager of Downshire comes in before those lands from the heirs-at-Iaw of his him, as descended in the female line predecessor. Mr. TurnbuU " considers from an elder branch — viz , from a it probable" that Lord Stirling's " share daughter of Henry the fourth Earl, in the rebellion arose from the decision She has accordingly presented her peti- of the House of Lords against him." tion to the House of Lords, complaining The reverse, however, is nearer the of the assumption of the title by Hum- truth. We have seen what that deci- phreys. sion was ; and Mr. Maidment, in his * According to a statement furnished Analectica Scoi.ica, is of opinion that by the proper officer of the House of "his right to the title was well founded," Lords, the last proceeding in relation to and states his reasons, which, confirmed the subject, api)earing on the Journal, as they are by the above correspondence, was on the lOfh of March, 1762, when seem conclusive. As to the claim of its further consideration was postponed Humphreys, were his descent even what until the next session of Parliament. he pretends, and his charter of Novo- THE LIFE OF LORD STIRLING. 63 his public services, have omitted to do justice to his pri- vate character. To resume the course of our narrative. Among the public institutions of his native city, with which Lord Stirlinj^ was connected, there was none in which he felt greater interest, or in the prosperity of which he was more active in promoting, than King's, now Columbia College, of which he was a Governor. At an early period ol its existence, when it was languishing from want of pecu- niary support, the Board of Governors commissioned Doctor James Jay* to repair to England to solicit aid from the wealthy and benevolent patrons of education in that country. In addition to his formal credentials he was furnished with the following introductions : — The Earl of Stirling to Lord Romney. " New- York, May 27th, 1762. " My Lord, — This part of his Majesty's dominions in North America, though populous and flourishing, still labours under the very great disadvantage of wanting a proper seminary for the education of youth. Some at- tempts have been made towards establishing one. A College has been founded and partly built, but for want of sufficient funds it is, in some measure, at a stand, and cannot go on with spirit. "It is an object that seems to me so worthy of the notice of the Society for the encouragement of Arts, Manu- factures and Commerce ;t that I could not avoid recom- * A younger brother of John Jay, so t Of which Lord Romney was the conspicuous in the councils of the Revo- President, lution, and in the various high public stations adorned by his virtues and tal- ents. 64 THE LIFE OF LORD STIRLING. mending it to your Lordship. The bearer, Dr. Jay, will present your Lordship with an address from the Gover- nors of the College. They most ardently wish for the countenance of the Society, as it will be the best recom- mendation they can have to the rest of the world. " I am, ifec." The Earl of Stirling to the Earl of Bute. " New- York, May 24th, 1762. " My Lord, — This part of his Majesty's dominions, though very flourishing, and growing in numbers, still labours under the great disadvantage of being without a seminary of learning for the education of its youth. Attempts have been made for establishing a College in the Province of New- York ; but, for want of sufficient funds, the plan cannot be carried into execution : where- fore the Governors of the College now send Dr. Jay over to England to endeavour to collect some funds there. He carries with him a petition to his Majesty, for his Royal favour, and is ordered to wait on your Lordship with it, hoping that your Lordship will be so good as to advise him what will be the most agreeable manner of its being presented. " The Governors also most fervently wish to have your Lordship's countenance and protection, from my frequent experience of which, I am induced to trouble your Lordship with this letter.* * On the presenting of this Petition successful in other quarters. Lord Bute by Dr. Jay, the King was pleased to contributed liberally. Several private confer upon him the honour of Knight- individuals, among whom was Mr. H. hood. But this, it is believed, was the Drummond, also made donations ; and extent of the " Royal favour" to King's the University of Oxford, a valuable one College. Sir James was, however, more in books. It seems from the following THE LIFE OF LORD STIRLING. 55 " We have just received advice of the Earl of Albemarle's safe arrival at Martinique, with his troops in good health ; and, after having joined the other troops there, of his being on his way to the Havannah. I congratulate your Lordship on the prosperous aspect that expedition now wears. " I am, &c." Besides these letters, there was one to Mr. Drum- mond, soliciting his aid and good offices for the College, and requesting permission for Dr. Jay to make use of his banking-house for depositing the money he might collect. Applications to Lord Stirling for recommendations and introductions to his friends in England were not confined to occasions of a public nature, but were fre- quently asked for by private acquaintances, and cheerful- ly given to all he thought worthy of them. The follow- ing partakes of the former character, while it refers to one of the latter description. letter that Sir James Jay, after his re- countenance such an appearance, I take turn, had some dispute with the Cover- the liberty to address myself to you. nors respecting his compensation ; — But allow me, my Lord, to say that even if the trouble you have already taken on Sir James Jay, Kn't, 31. D. to the Earl niy account did not preclude me from oj biirling. expecting you should put yourself to " My Lord, — As I have sent cards to any inconvenience, the idea I entertain the Governors of the College acquaint- of your Lordship would make me think ing them that the meeting held on Mon- it indelicate, as well as unnecessary, as day next is for the purpose of concluding you know of the meeting, to hint a wish matters between that Corporation and of that kind to a person who it is evident myself, it might appear rude were I to wants no other incitement than his own omit doing the same to your Lordship, generosity to lend his assistance on such Lest a total silence on my part should an occasion. I am, &c.'' (56 THE LIFE OF LORD STIRLING. Thomas Harley, Esq. to the Earl of Stirling. " London, June 12th, 1762. " My Lord, — I duly received your favour of the 26th of February last, and am greatly indebted to your Lord- ship for interesting yourself in my welfare in the manner you have done. The method you propose of introducing me to the acquaintance of the principal people in the Province of New-York, is of all others the most agree- able to me ; and I assure you I shall look upon it as a great honour to be employed in the service of the Assembly of so respectable a Province, and will endeavour to discharge the duty of that office to their utmost wishes. At pre- sent, I have no acquaintance with Mr. Robert Charles,* but I do not doubt of your carrying on the business with harmony, to the satisfaction of the Assemblj^ " You very rightly observe that this will not only be an introduction to the most considerable houses in New- York, but will be the means of making me fully ac- quainted with the affairs in North America in general, which I hope, when it pleases God to restore to us a peace, to see in a more flourishing condition. " As yet, I have not had the pleasure of seeing Mr. Peter De Lancey, Jr. He sent your letter to me by a messenger, a few days ago, too late for the last mail, other- wise, I should have acknowledged the receipt of it sooner. You may depend upon my showing him every civility ; and where my little knowledge will be of any service to him, I will give him my advice freely. *' I am, &c." * The Agent in England of the N. of Lord Stirling, joined as a counsellor Y. House of Assembly, with whom Mr. and adviser. Harley was, upon the recommendation THE LIFE OP LORD STIRLING. Peter De Lancey, Jr. Esq. to the Earl of Stirling. 67 " London, July 5th, 1762. "My Lord, — I hope jour Lordship will pardon my taking the liberty to trouble you with my most thankful acknowledgments for the favour you did me by your kind recommendations, from which I have received par- ticular advantages, especially from that to Mr. Wedder- burn, who has been the chief means of settling me here in a Avay from which I hope a prospect of great advan- tage and happiness. " Give me leave to assure your Lordship that I shall always have a grateful remembrance of your kindness. " I am, &c." Philip Livingston, Jr, Esq.* to the Earl of Stitling. •'• London, October 25tli, 1762. *'My Lord, — From the marks of kindness you have shown me by your advice and letters of recommendation to gentlemen of figure here, I flatter myself that it will not be displeasing to you to hear of my present situation ; having it now in my power to acquaint your Lordship that I am well fixed in the Temple according to my wishes, in a pleasant sett of chambers in New Court, * This gentleman was the son of of the United States, and afterwards a Peter Van Brugh Livingston, a brother of Representative in Congress. He was Lady Stirling's, and of a sister of his not an orator, but an excellent business Lordship's. He was at its date pursu- member, and highly respected for his ing the study of the Law in the Temple, strict integrity, sound judgment, general After his return to America, he com- information, and good sense. From his menced its practice in New-York ; but high breeding and courtly manners, he relinquished it upon the death of his early acquired the soubriquet of" Gen- father, from whom he inherited an am- tleman Phil," and he certainly seems to pie fortune. He was the first President have entertained very gentlemanly no- of the N. Y. Branch of the first Bank tions as to his style of living in London. gg THE LIFE OF LORD STIRLING. Middle Temple. They are not elegant, notwithstanding they are at a high rent, but still so decent that I am not ashamed to have any gentleman shown in, that is so kind as to call on me. My mornings are generally engaged in study, which, as they are very long, I am told is suffi- cient to be applied in reading, for I seldom dine until four o'clock ; and then with a sett of gentlemen at the Turk's head Coffee-house in the Strand, in whose ac- quaintance I think myself very happy. The Mr. Aliens of Philadelphia were so kind as to introduce me to this sett, on my first coming up to town. Most of them are men of consiUrable fortune, — two of your friends, Messrs. John and Dick Penn, when in town, dine frequently with us. The only circumstance that may be disagree- able in my present connection is that of expense, which I am afraid will be greater than my father at first intended. But I lately wrote to him that I find it will be impossible to live on less than £450 sterling ^er an- num. This is undoubtedly the case, for the rent of chambers being high, the expenses; of servants, clothes, &:c., so many and so great, that it is absolutely impossi- ble for an American who has never lived in London to have an idea of it. Your Lordship's advice in any par- ticular will be esteemed the highest favour. " I am, &c." " P. S. The high and mighty Wilham Franklin has taken his passage for Philadelphia." The following, from an old family servant, forms no unpleasing contrast with that which precedes it. THE LIFE OF LORD STIRLING. 69 Johannes Race to the Earl of Stirling. " Stissing, November 2d, 1762. " May it please your Lordship, — As by the gen- erous beneficence of your Lordship's ever honoured father, deceased, your aged servant has enjoyed a free pos- session of a small part of his estate, which, for such con- siderations as w^ell became the noble donor, w^as freely given during life ; and as your Lordship is now entitled, not only to the paternal estate, but august honours of your noble family, your aged servant, with equal confi- dence, addresses your Lordship, requesting the privilege to call home the bearer, his youngest son, to live with him, to contribute to the comfort of his infirm and declining years, by overseeing his business, and taking such filial care as your aged servant's circumstances require. " Much relying and confiding in the continuance of the favours of your noble family, " I am, &:c." The letters that immediately follow, although relating to the personal concerns and connections of the parties, are not without interest, from either the nature of the circumstances, or the characters of the persons to whom they refer. John Penn, Esq. to the Earl of Stirling. " Stoke, September 3d, 1762. " Dear Stirling, — I am almost angry with you for not writing me a line since you left England, especially, as you may be assured, not one of your friends would have been more pleased with hearing from you than my- 70 THE LIFE OF LORD STIRLING. self. I can only forgive you upon your promising to be- have better for the future, which I expect to have under your hand as soon as you receive this, if you are not so thunderstruck with what I am going to inform you of, as to be deprived of the use of your senses for some time. "It is no less amazing than true, that Mr. William Franklin, son of Benjamin Franklin, of Philadelphia, is appointed to be Governor of the Province of New Jer- sey ! The warrant for his commission was ordered to be made out last Wednesday. The whole of this business has been transacted in so private a manner, that not a tittle of it escaped until it was seen in the public papers ; so that there was no opportunity of counteracting, or, indeed, doing one single thing that might put a stop to this shameful affair. I make no doubt but the people of New Jersey will make some remonstrance upon this in- dignity put upon them. You are full as well acquainted with the character and principles of this person as my- self, and are as able to judge of the impropriety of such an appointment. What a dishonour and disgrace it must be to a country to have such a man at the head of it, and to sit down contented! Surely that will not be the case — at least, I should hope that some effort would be made, before our Jersey friends would put up with such an in- sult. If any gentleman had been appointed, it would have been a different case — but I cannot look upon the person in question in that light, by any means. How this matter will turn out, 1 know not, but I should be very sorry to see him first in that Government, as there cannot, in my opinion, any good result from it — but, on the contrary, dishonour and disgrace to the country, and hatred of the people to himself. I may, perhaps, be too strong in my expressions, but I am so extremely aston- THE LIFE OF LORD STIRLING. 7 1 ished and enraged at it, that I am hardly able to contahi myself at the thoughts of it. " We are told we shall see you in England ; but ii you do not make haste, I believe I shall taste some of your old Madeira before you are aware of it ; but I reserve that for another time. 1 think I have given you a pretty good dose this bout ; so shall take my leave of you, by assuring you that •' I am, &c." Robert Hunter Morris, Esq. to the Earl of Stirling. " Tinton, March 4th, 1763. " My Dear Lord, — John Penn mentioned to me a design to come to America, and tells me in a second let- ter that he did not choose the thing should be talked of: and having mentioned the same thing in a letter to your Lordship, he begs me to hint to you to be silent on that head, until we hear further from him. " The Duchess of Gordon, from whom I have a let- ter since I left you, begs to be particularly mentioned to your Lordship. The Duke and Lord William are gone from Geneva to Italy. " 1 beg my compliments to Lady Stirling and the family. With great respect, " 1 am, &c." William Coxe, Esq. to the Earl of Stirling. '• Philadelphia. May 16th, 1763. " My Lord, — This will be delivered to you by Mr Francis, a brother of Mrs. Coxe's, whom I have taken the liberty of introducing to your Lordship's notice, be- cause I have no doubt of your friendship. 72 THE LIFE OF LORD STIRLING. " The matter is this, mj Lord ; Mr Francis, on a late tour to Pittsburgh, was informed by Mr. Croghan, the present deputy-agent for Indian affairs under Sir William Johnson, in that district, that he had applied for liberty to resign, on a call he has to England on his pri- vate business ; and Mr. Francis's natural disposition, and some pains he has taken to qualify himself for that kind of service, inclines him to try if he can get it — and his knowledge of the Six Nations' language and customs, he thinks, will enable him to execute it well. *' I know not to whom to address myself, my Lord, on this occasion ; but if your Lordship can favour Mr. Francis with your advice and assistance to get the thing mentioned to Sir William Johnson, or Sir Jeffrey Amherst, we suppose it lies with them to give it to the person they judge fit for it ; and, from Mr. Francis's service in the army, he is not unknown to either ; for he is now an old lieutenant in the 44th, and his service under Sir William in the reduction of Niagara, and under Sir Jeffrey in the finishing service against Montreal, may not be unfa- fourable circumstances — more particularly as he had a greater share of command with Indian parties, to em- barrass the enemy and get intelHgence, than most regu- lar officers. " If your Lordship can put our brother in the proper road to make the application, it will be gratefully acknow- ledged by a family that esteem it their greatest happiness that they are a family of harmony ; and I think it would be augmented by seeing their brother like to continue in this country, where they may sometimes have his com- pany. Whether this will be best done by a recommen- datory letter from your Lordship, or otherwise, I own I am not a competent judge ; but any mode your Lord- THE LIFE OF LORD STIRLING. 73 ship shall point out, Mr. Francis will willingly pursue. I knew not, my Lord, any of my friends that could so well do me this piece of service ; and your kind offices to Mr. Francis, I hope will not reflect on your Lord- ship's judgment, because 1 think him deserving. " 1 am, &c." The following note from the Commander-in-Chief of the King's troops in America, relates, probably, to a party of soldiers he had lent for fatigue duty on some official survey in New Jersey. Sir Jeffrey Amherst to the Same, New- York, June 19th, 1763. " My Lord, — I am sorry to be obliged to take away the small detachment of men I lent your Lordship. But the alarms from the Indians on the back settlements are so great, that I must collect all the force I can, to be in readiness to march for the protection of the inhabit- ants. I therefore send an officer with orders to receive the men and conduct them to the camp on Staten Island ; but shall be very glad to order them back again when the service will permit me. " My respects to Lady Stirling and the young ladies. I did not know of their leaving town so soon, or I should have waited on them before they set out. " I am, &c." The following letter is addressed to the Minister under whom the treaty of peace with Great Britain in 1783 was negociated, and the independence of the Col- onies acknowledged. The occasion of it was his ap- pointment as President of the Board of Trade and Plan- tations : its subject displays the watchfulness and saga- 74 THE LIFE OF LORD STIRLING. city of the writer in seizing upon an opportunity to pro- mote the prosperity of his native country ; and it also serves to show what occupations he had proposed to himself in his retirement as most conducive to his own happiness, and his usefulness to others. The Earl of Stirling to the Earl of Shelburne* " New- York, August 6th, 1763. " My Dear Lord, — Nothing could have given me greater satisfaction than hearing of your Lordship's ap- * Afterwards Marquess of Landsdown, and father of the late, and present peers of that title. The character of this nobleman is admirably, and it is believ- ed faithfully, portrayed by the younger D' Israeli in his political novel of " Sybil." The historical interest and fidelity of the passage, as well as the felicity of its language, will excuse its introduction here. After sketching, with a bold and dexterous hand, the characters and poli- cy ofBolingbroke, and of Carteret, M-hose daughter Lord Shelburne married — the author proceeds : " Of him (Shelburne) it is singular that we know less than of his father-in-law ; yet from the scatter- ed traits, some idea may be formed of the ablest and most accomplished min- ister of the eighteenth century. Lord Shelburne, influenced probably by the example and traditionary precepts of his eminent father-in-law, appears early to have held himself aloof I'rom the patri- cian connection, and entered public life as the follower of Bute in the first great effort of George III., to rescue the sove- reignty from what Lord Chatham called ' the Revolution families.' He became in time a member of Lord Chatham's last administration, one of the strongest and most unsuccessful efforts to aid the grandson of George II., in his struggle for political emancipation. Lord Shel- burne adopted, from the first, the Bo- lingbroke system ; a real royalty in lieu of the chief magistracy ; a permanent alliance with France, instead of the whig scheme of viewing that power as the natural enemy of England ; and, above all, a plan of commercial freedom, the germ of which may be found in the long maligned negociations of Utrecht, but which, in the instance of Lord Shel- burne, was soon in time matured by all the economical science of Europe, in which he was a proficient. Lord Shel- burne seems to have been of a reserved and somewhat astute disposition: deep and adroit, he was, however, brave and firm. His knowledge was extensive, and even profound ; he pursued both literary and scientific investigations ; his house was frequented by men of let- ters, especially those distinguished by their political abilities, or economical at- tainments. He maintained the most extensive private correspondence of any public man of his time. The earliest and most authentic information reached him from all Courts and quarters of Europe ; and it was a common phrase, that the minister of the day sent to him THE LIFE OF LORD STIRLING. 75 pointment to preside at the Board which must have so great a share in the government of a country in which it is my lot to reside. Your Lordship's early inquiries, and strong desire of acquiring knowledge of this new world, must now be of great use to your country ; for on a proper management of the Colonies on this con- tinent, much of Great Britain's future greatness depends. The wants of its increasing population must at all events greatly increase the manufactures of the mother-coun- try ; but the suppression of such branches of trade as interfere with the importation of them from Great Bri- tain, and the encouragement of such a cultivation of these Colonies as will supply her with the raw mate- rials, for which she is now obliged to pay millions to foreign nations, is a work that must render the value of this continent to Great Britain inestimable. These things have, no doubt, occurred to your Lordship, as well as the proper mode of carrying them into execution. But if you can indulge me, I will, from time to time, send you such hints as occur to me, of measures suitable to this part of the continent ; you may perhaps find something among them that has escaped your notice. " The making of pig and bar iron, and the cultiva- often for the important information they show on all questions discussed, a which the cabinet could not itself com- richness and variety of information with mand. Lord Sheiburne was the first which the speeches of no statesman of great minister that comprehended the that age, except Mr. Burke, can corn- rising importance of the middle class ; pare." This portrait, tinged, as it is, and foresaw in its future power, a bul- with some of the peculiarities of its ec- wark against the great ' Revolution fam- centric, though clever author, goes far ilies.' Of his qualities in council we to redeem his " young English" absurdi- have no record : there is reason to be- ties. Yet there are some touches in it lieve that his administrative ability was that do not altogether harmonize with conspicuous ; his speeches prove that if his late speeches and vote against the not supreme, he was eminent, in the repeal of the corn-laws, art of parliamentary disputation, while 76 THE LIFE OP LORD STIRLING. tion of hemp, are two articles that want encouragement greatly. We are capable of supplying Great Britain with both, to a great extent ; but the first requiring a large stock to begin with, people of moderate fortunes cannot engage in it ; and those of large ones are as yet very few, and their attention is generally given to the pursuit of other objects. Some few, indeed, in this Pro- vince, and in New Jersey, have lately erected excellent works, the success of which, I hope, will encourage others to follow their example. As to hemp, our farmers have got into a beaten track of raising grain and grazing cat- tle, and there is no persuading them out of it, unless by examples and premiums ; and these it would be well for Government to try — a few thousand pounds expended in that way might have a good effect. " The making of wine, also, is worth the attention of Government. Without its aid, the cultivation of the vine will be very slow ; for of all the variety of vines in Europe, we do not yet know which of them will suit this climate ; and until that is ascertained by experi- ment, our people will not plant vineyards ; — few of us are able, and a much less number willing, to make the experiment. I have lately imported about twenty dif- ferent sorts, and have planted two vineyards, one in this Province, and one in New Jersey ; but I find the experi- ments tedious, expensive, and uncertain ; for after eight or ten years' cultivation, I shall perhaps be obliged to reject nine tenths of them as unfit for the climate, and then begin new vineyards from the remainder. But, however tedious, I am determined to go through with it. Yet I could wish to be assisted in it. I would then try it to a greater extent, and would the sooner be able to bring the culti vation of the grape into general use. THE LIFE OF LORD STIRLING. 77 " It is in these vineyards, my Lord, and the clearing a large body of rich swamp lands in New Jersey, and fitting it for the cultivation of hemp — settling a good farm in the wilderness, and bringing to it some of the productions and improvements of Europe, that are my present employments. They have taken place of the pleasures of London, and I sometimes persuade myself that this is the happier life of the two. Yet there are some hours I could wish to have repeated, those in which I was honoured with your Lordship's conversation, which, I shall ever recollect with the greatest pleasure. " I am, &;c." Lt. Colonel William Amherst* to the Earl of Stirling. " New- York, October 11th, 1763. " My Dear Lord, — Napier and your humble ser- vant arrived here safe last night after a pleasant ride. We brought the packet in with us, which Napier all along said we should do. He stands a fair chance of suffering for witchcraft, which he must now be shrewdly suspected of. " I have not yet seen a paper, nor heard any mate- rial news. Correspondents say there is nothing new since the last packet. The Queen was expected to lay in every day, when the packet sailed, which was the 20th of August. General Moncktonf had a very gra- cious reception. " It may not be long before my brother and I leave this country. He has his leave signified to him in the most gracious manner. This is only to yourself. Whatever * A brother of Sir Jeffrey's. afterwards Lieut. Governor of Nova t Robert Monckton — he had served Scotia, and Governor of New York, as a Brigadier under Wolfe, and was 78 THE LIFE OF LORD STIRLING. country I am in, I should be happier were you there, as there is no one who can say, with more real esteem and regard to your Lordship, that " I am, Sic." " P. S. The situation of things will not permit our departure yet awhile. It will probably be late in the winter first. I shall therefore spend some sociable hours by your fireside — to whom 1 beg to be remembered. Pray forward the enclosed with care and dispatch to Mrs. Gage,* — she will be glad to receive it." Lt. General Gagej- to the Earl of Stirling. "New-York, December 14th, 1763. " My Lord, — Captain Price, agent for transports, having informed me that your Lordship has knowledge of an affair in dispute between him and Mr. Wallace, and that you had agreed to become his bail — which was to have been completed yesterday, had not some difficulty arose in regard to it. 1 should therefore be much obliged to your Lordship for any insight or information you can give me relative thereto. Though, from what I at pres- ent perceive, it is a private transaction betwixt Captain Price and Mr. Wallace^ in which the Commander-in- Chief, or the Crown are in no ways interested ; never- theless, from the representations of Captain Price that * The Lady of General Gage, the himself notorious by his conduct at Bos- successor of Sir Jeffrey Amherst in the ton at the breaking out of the Revolu- command in America. She was of the tion On his return to England he was Kemble family, and was then on a visit created a Baronet — and after his death, to her relations at Mount Kemble be- his son, who adopted his profession and tween Baskenridge and Morristown, distinguished himself in the service, was N. J. raised to the peerage. t This officer afterwards rendered THE LIFE OF LORD STIRLING. 79 he must go to goal if Mr. Marston withdrew his bail — which he told him he would — and from his assuring me that in case the difficulties of your Lordship's becoming his bail could not be removed, Colonel De Lancej^ had promised to be security for him, I took upon me to write to Mr. Marston, desiring he would postpone doing any thing until this day, and that 1 would inquire into it, and endeavour to have it settled. In order to comply with which, I take the liberty of imposing upon your Lord- ship this trouble. " I am, &c." Robert Hunter Morris, Esq. to the Earl of Stirling, " Tinton, December 23rd, 1763. " My Dear Lord, — It gave me great concern that my illness in Philadelphia prevented my seeing your Lordship at Burlington, and thanking you in person for the two letters you did me the honour to write since we parted. " Your Lordship doubtless heard what was done in the Sessions relative to the Indian war, as well as what was attempted and not done ; and being no stranger to the men, or the principles upon which they act, you will easily account for their conduct. Perhaps, should the Eastern Governments come heartily into the General's measures, something may be done at the next meeting ; but New-York must lead the way, and if we follow, it is as much as can be reasonably expected from us, es- pecially as Pennsylvania will do nothing, at least at their first sitting. "My best regards attend Lady Stirling; I hope she has had her health since her return to New-York. My QQ THE LIFE OF LORD STIRLING. compliments to Lady Mary and Lady Kitty,* who, 1 doubt not, enjoy the town and its amusements the better from having sung Psalms at Baskenridge last summer. | " I am, &c." The circumstance mentioned at the commencement of the following letter, in connection with its date, and the date and authorship of that which precedes it, affords a striking instance of the uncertainty of human life. The Earl of Stirling to Governor Franklin. \ " New-York, January 30th, 1764. "Dear Sir, — By the death of Chief Justice Morris another seat in your Excellency's Council has become vacant ; upon which I beg leave to offer you my senti- ments. The office of Chief Justice is a dangerous one to leave open ; for its being so will be an inducement^to the Ministry to fill it up. They will think it incumbent upon them to fill up an office they are informed is vacant ; and if they do fill it up from thence, it is a thousand to one if it be tolerably filled — for who will leave Britain for this appointment ? And yet the office is of the utmost importance to the Crown, as well as to every individual in the Province. " On the other hand, if your Excellency fills it up during pleasure, and recommends your appointment for * The daughters and only children of the disgust it produced, are mentioned in Lord and Lady Stirling. The former preceding letters (see p. 70). This afterwards married to Robert Watts, disgust arose in part, probably, from the Esq., of New-York, and the latter to illegitimacy of his birth. His time-serv- Col. William Duer. ing conduct and courtier-like propen- t William Franklin, the natural son sities were, however, the chief causes of of the Philosopher, whose appointment it. He was originally a Whig, but be- to the Government of New Jersey, and came, ex virtute officii, a Tory. THE LIFE OF LORD STIRLING. gj confirmation, it is most likely it will obtain it ; and if you determine on this measure, the person who most naturally occurs to me is Charles Reade.* But the superannuated state of Mr. Nevil leaves Mr. Reade alone on the bench, and makes it necessary that some other person should be thought of to fill up one, if not both the other seats. Fit persons are difficult to be found in New Jersey. Few, if any of the gentlemen of the country have read Law enough to qualify themselves for the bench, and as few of the lawyers fit for it, will give up their business. The only one I can think of is Mr. Kearney. I believe he inclines to retire from busi- ness, and your Excellency's offer of the office to him, with a seat in the Council, may, perhaps, induce him to accept it. If he should not incline to be in the Council, the next that occur to me are James Parker, and Cort- land Skinner, both residing at Amboy, which is a con- venient circumstance, added to their other qualifications.! * He was appointed. t John Berrien was appointed. CHAPTER IV 1764-1774. It was in the spring of 1764, that the British Par- liament adopted, at the instigation of a tory administra- tion, the fatal measure which first provoked the resist- ance of the Colonies to the authority of the mother-coun- try. This rash experiment, though but the entering wedge of a system that in the end was fated to rend asunder the British Empire, and deprive its monarch of " the brightest jewel that adorned his crown," proved not less propitious in its event to the recusant Provin- ces, than immediately disastrous to the parent-state. Pressed by the difficulty of finding new sources of reve- nue to replenish a treasury well nigh exhausted by the expenditure of the war then lately terminated, the Brit- ish Minister in an evil hour departed from the policy of Sir Robert Walpole,* who conceived it more consonant to the principles of the British Constitution to confine the Colonies to the use of British manufactures, than to tax them in any other way. The person that now occupied the post that Walpole had so long held to the increase of * When urged to establish a system of his successors who would have more of internal taxation in the American courage, and less attachment to com- Provinces, that sagacious statesman re- merce than himself." Marshall's Life plied that " he would leave that to some of Washington, Vol. II. p. 78. THE LIFE OP LORD STIRLING. 83 the wealth and commercial prosperity, and to the peace of his country, though wanting his political tact, was possessed of that courage in which the former had confessed himself deficient. Mr. George Grenville* was the first British Minister " bold " enough to propose taxing the Colonies without their consent, and the re- ception which his Stamp Act met with in America was such as had been predicted by those who understood the character and temper of the Colonists, and it led, as they had foreseen, to the speedy abandonment of that odious measure.! Lord Stirling had been among the foremost and most active of its opposers in America. He had encouraged a passive resistance to its execution by promoting the agreement to dispense with stamped paper without preju- dice to the contracts in which it was required to be used, and now exerted his influence in England in procuring the removal of the Parliamentary agent of the Province of New Jersey, who had supinely witnessed the enactment of the obnoxious law, and substituting in his place the eminent Solicitor he had employed in his affairs before the House of Lords, and from whom, after its repeal, he received the following letter : * The younger brother of Earl Tem- Rutherfurd, in a letter addressed to him pie, who was the brother-in-law of the at Baskenridge, and dated, " New-York, great Earl of Chatham. Mr. G. Gren- May 29th," of which the following is an ville was the only member of his extract : " I have the pleasure to con- family who was not a zealous whig, gratulate you on the repeal of the Stamp The late Marquis of Buckingham, and Act, and the certain assurance the Gov- the late Lord Grenville, were his sons. ernor gives us, by a letter he has from Sec- t Its repeal was announced to Lord retary Conway, that the laws on trade Stirling by his brother-in-law, Mr. will be regulated and modified." g4 THE LIFE OF LORD STIRLING. Henry Wilmot, Esq, to the Earl of Stirling. " Bloomsbury Square, September 25th, 1766. " My Dear Lord Stirling, — I received the favour of your Lordship's letter of the 20th of June, relative to my being appointed agent for your Colony. I am very sensible of the honour your Lordship has done me in thinking me worthy of it. If I was ever so averse to it, I would refuse nothing your Lordship wished me to ac- cept. I refer your Lordship to my letters to the Presi- dent and Speaker; and I am certain I need not desire your Lordship to see the salary regularly paid. " I hope the mother-country will have no more mis- understandings with her children. I think it not likely they should begin on our side. I entirely agree with your Lordship that we should be content with your com- merce, which, indeed, is all that is valuable in colonies, • — and if this commerce will bring every farthing of your money to Britain, I agree with your Lordship that we can have no more. " We have now had another change of administra- tion. These frequent changes are certainly detrimental to the public. I think them so destructive that I think it wrong to change, even to a better administration, if it could be had. Indeed I do not see to whom his Ma- jesty can now apply, if he is dissatisfied with this admin- istration. Lord Chatham is certainly in full possession of the closet, at present. My friend Lord Camden is Chancellor, and my old master. Lord Northington, Presi- dent of the Council. I am sorry Lord Dartmouth does not continue. I cannot but think it had been of great advan- tage to the Colonies to have had the First Lord of Trade, Secretary of State for the Colonies. It would have given THE LIFE OF LORD STIRLING. 35 greater dispatch, and lessened expense. This was in- tended. The whole matter was settled, and Lord Dartmouth would have kissed hands for it if the last ad ministration had continued a week longer. This mea- sure, it seems, was not liked bj Lord Chatham, who would not permit it. Lord Dartmouth thought it incon- sistent with his honour, unless that business was com- pleted, to continue, and therefore resigned. The Par- liament is to meet the 11 th of November for the dispatch of business. The opposition will be considerable ; but there is not the least doubt but the present administra- tion will stand if they continue to have the support of the Crown — which, for no other reason than the neces- sity of it, I think they must have. " I am, &c." A calm now seemed to overspread the political waters, and the agitation on this side of the Atlantic had entirely subsided. But the stillness proved ominous ; and was speedily disturbed by the revival, in a different shape, of the former project of drawing a revenue from the Colonies, without the consent or intervention of their local Legislatures. This interval was passed by Lord Stirling in the pursuits described in his letter to Lord Shelburne. He usually spent a part of every winter in the city of New-York. The remainder of the year he passed in New Jersey, principally at Baskenridge, where he devoted himself to those public duties and objects, which, with the exercise of private hospitality, formed his chief occupations and pleasure. His correspondence during this period possesses no greater interest than it affords in illustrating these pursuits. From the letter which immediately follows, it appears that, at its date, 36 THE LIFE OF LORD STIRLING. he was upon much better terms with its author than was the case some few years afterwards. Governor Franklin to the Earl of Stirling. " Burlington, April 2d, 1767. " My Dear Lord, — 1 have granted a Sheriff's com- mission to Mr. Cooper, agreeable to the promise I some time ago made to your Lordship and Mr. Kemble. " It affords Mrs. Frankhn and myself a good deal of pleasure to hear that you, with Lady Stirling and the young ladies, are well. We were not a little chagrined at our disappointment in not being able to join your party in your jaunt to Bethlehem ; but it was impossible, ow- ing to continued sickness in my family, from the time of our return from Baskenridge, to the beginning of De- cember. 1 was myself confined to my chamber upwards of three weeks. 1 should have wrote to your Lordship at the time, to acquaint you that it was not in our power to be of the party, but that I was in daily expectation of being able to undertake the journey, until I heard you had actually set out. But, although we were dis- appointed of that pleasure, we are not without hopes of seeing your Lordship and the ladies this Spring at Bur- lington when the Assembly meets, which will probably 'be some time next month. I only wait to hear the re- sult of the session of Parliament with respect to a pa- per currency, to determine the time of meeting, of which \_your Lordship shall have timely notice. Mrs. Franklin says Lady Stirling did give her a })romise of a visit at that time, if it suited your Lordship to bring her and the young ladies with you. I heartily wish nothing may happen to prevent our having that happiness. " I am, &c." THE LIFE OP LORD STIRLING. Q-j The Earl of Stirling to Governor Franklin. " Baskenridge, May 26th, 1767. " Dear Sir, — Your very obliging letter of the 2d of April, I received some time ago, which I should have acknowledged before, but I waited to hear when your Excellency should fix the meeting of the Assembly, in order to know what answer I could make to your kind invitation of Lady Stirling and my daughters to Bur- lington ; which they determined upon accepting, if their other engagements could possibly admit of it. The first week in June they expect company from New- York, — some of whom are to stay while the hot weather con- tinues. This must deprive them of the pleasure of waiting upon Mrs. Franklin this summer ; but as soon as the summer heats are over, I purpose giving them a jaunt to the Westward, and spending some days at Bur- lington. I promise myself the pleasure of waiting upon your Excellency the 9th or 10th. I hope by that time you will receive such advices from England, of the re- sult of this session of Parliament, as will enable you to meet the other branches of the Legislature with mutual satisfaction. Lady Stirling and our girls join in best respects and wishes. " I am, &c." Philip Livingston, Jr. to the Earl of Stirling. " New- York, 6th October, 1767. " My Dear Lord, — Ralph Izard* told me last night that he was to set out this day with a large party of * Afterwards a Delegate to the Con- the first Congress after the adoption of tinental Congress, from S. C, and Min- the present Constitution. He married ister of the United States at the Court into the New-York family of De Lan- of Turin ; and subsequently a Senator in cey. 58 THE LIFE OF LORD STIRLING. Carolinians to pay you a visit, first taking Captain Ken- nedy's,* and the Passaic Falls in their way. The party consists of Mr. Blake and lady, Mr. Mott, (a gentleman who was here several years ago, and perhaps you may remember him,) and Ralph and his wife. They dine to-day at Captain Kennedy's ; — to-morrow they set out for the Falls, and return at night to Second River ; and on Thursday you may expect them with you. " As their party is large, I have desired Izard to for- ward this letter to you from Newark, if an opportu- nity offer ; if not, to send one of his servants with it a few hours before him, in order to give you some notice. " Our family is all well. Mrs. Hoffmanf is brought to bed of a son. Make my best respects to Lady Stir- ling, Lady Mary, and Lady Kitty. " I am, &c." *' P. S. I find Major Butlerf of the 29th Regiment is also of the party." John Tabor Kempe, Esq.^ to the Same. "New- York, October 13th, 1767. " My Lord, — I have, with the approbation of some of your Lordship's friends and mine, taken the resolu- tion of visiting England immediately, from the prospects, in the present situation of affairs there, of effecting a proper establishment for the offices I hold, — American affairs being now the great object of the consideration of the Ministry — and the arrangements and dispositions * Afterwards Earl of Cassiiis. He a delegate to the Continental Congress, was by birth a Scotchman ; had married a member of the Convention that formed into the New- York family of Watts, the Constitution of the U. S., and a and settled in New Jersey. Senator in Congress. t A sister of Lady Stirling's. § Attorney General of the Province X Pierce Butler, of S. C, afterwards of New-York. THE LIFE OP LORD STIRLING. 39 with respect to the Crown officers, and their support in the Colonies, being postponed for this winter's consid- eration. This, my Lord, is my principal reason for the voyage ; though I do not communicate it to any but those I esteem my particular friends, and would wish it may remain a secret. " As in the transacting of this business I must ne- cessarily see those in power, and who have influence in the Court of Great Britain, — many of whom are your Lordship's friends and acquaintances, — and as you are not unacquainted with the labours I must submit to here, and that the whole burthen of the business of the Crown in my department is on me, and at present is at my own expense, with a very inadequate support, — I have taken the liberty to beg from your Lordship the favour of such letters to such of your friends as can serve me, as you can with convenience allow yourself to give me. If I can settle my affairs, I would wish to go in the Edward, Captain Miller (who will certainly sail by to-morrow week at farthest) — as Mr. Daniel Coxe and Mrs. Coxe propose going by the same opportunity. Let me entreat your Lordship to excuse the liberty I lake in making this request. " I am, &c." Daniel Coxe, Esq. to the Same. « Elizabethtown, October 27th, 1767. " My Lord, — I propose sailing for England about the 15th of next month, via Philadelphia; and when there, shall enter upon the transaction of some family affairs, which will require the influence and countenance of the first characters, if I can be so happy as to obtain their notice. I am sensible, my Lord, it is in your power 90 THE LIFE OP LORD STIRLING. to assist me by your good offices in this particular ; and I need not say how much myself and family will esteem themselves obliged in your kind recommendations in my favour, to any of your noble acquaintance in England, whose countenance you may judge of consequence. I should not, my Lord, have taken the liberty to intreat this favour, were I not persuaded, from the long ac- quaintance and friendship of our families, that you would gladly do any thing in your power to serve us — and which, I hope, will apologize for this address. " 1 would have waited on your Lordship in person to have received your commands, but I am much straight- ened in point of time to prepare. Any letters that you may honour me with, I shall be obliged to your Lordship to forward to Lady St. Clair, who will be so good as to take charge of them for me. I shall be happy to execute any commissions for your Lordship and family, in my power, in England. The Mississippi claim is my object. « I am, &c." Captain Archibald Kennedy^ R. N. to the Same. " New- York, the 30th November, 1767, " Mr Dear Lord, — I proposed doing myself the pleasure of waiting on your Lordship before I left the Jerseys, but was prevented by a suit in Chancery rela- ting to our family affairs, which I am afraid will occasion my leaving this country without enjoying that happiness, unless your affairs should call you to town. " I beg you will please to make my best respects to Lady Stirling, Lady Mary, and Lady Kitty. If in any thing I can serve you at home, please direct your favours for me to Will's Coffee House. " I am, &c." THE LIFE OF LORD STIRLING. 9 J The Earl of Stirling to John Tabor Kempe, Esq. " Baskenridge, December 16th, 1767. " Dear Sir, — I did not receive jour letter of the 12th of October, until three weeks after its date ; and as I understood by it you were to embark, in the Edward, I concluded you had sailed before it came to my hands. Yesterday I was informed you had not gone in the Ed- ward, but proposed to go in the Coventry. Though I am afraid this will be too late to reach you in New- York, yet I hope it will reach you in London, early enough to be of some use to you. " Of those among the great in England, who hon- oured me with their acquaintance, some are dead ; others change places so often that it would be difficult to pitch upon any who may now be of use to you ; but there is one gentleman, — the person to whom the enclosed letter is directed — who can be of great use to you, as well in your application respecting the support of your offices, as in the claims of the Coxe family. Mr. Wilmot is one of the most eminent Solicitors in London — intimately acquainted with many of the greatest personages in power — has easy access to most of them — is Secretary to the present, and was to the late Lord Chancellor. He is agent to this Province and several of the West India Islands. To him I have recommended you, and doubt not he will give you the best assistance in his power. 1 have mentioned to him the situation of your affairs, and have left it open to you to communicate other matters to him as you find most proper. That you may succeed in your hopes, and return to this country in a manner agreeable to yourself and your friends, is the wish of " Yours, &c." 92 THE LIFE OP LORD STIRLING. The Same to Henry Wilmot, Esq. " Baskenridge, December 16th, 1767. " Dear Sir, — This will be delivered to you by my friend Mr. John Tabor Kempe, the present Attorney General of the Province of New-York, — which office he has held for some years with great reputation and honour, and has gone through the whole labour of the Crown business without assistance, and at his own expense, except a trifling salary. " American affairs being now an object of attention of the Ministry, and the arrangements and dispositions with respect to the Crown officers, and their support in the Colonies, being, as we are told, postponed for this winter's consideration, induces hihi to make this visit to Great Britain in hopes of obtaining a better establish- ment and support for the offices he holds. He has also some other matters in view respecting the claims of the Coxe family, with whom he is connected. Let me in- treat you, my dear sir, to be the friend of this worthy man, and to excuse the liberty I have taken in this re- commendation. " Some time since, the Council of Proprietors of East Jersey, appointed a Committee to correspond with you to the intent of getting some papers relative to their affairs which were formerly in the hands of Humphrey Bowles, of London. The discovery of those papers may be of very great use in the affairs of the Proprietors in general, and to mine in particular, — especially three books of Minutes and Registers. The latter contain records of most of the early deeds and conveyances be- tween proprietor and proprietor. They were, as ap- pears from a letter of Margaret Bowles, dated upwards THE LIFE OF LORD STIRLING. 93 of twenty years ago, in her hands. About eight years ago, Messrs. De Lancey and Cuyler of this country, made a purchase of Bowles's estate in this Province, and, by their agent, Mr. Moses Franks, in London, bargained that all the papers relating to New Jersey in the hands of Bowles, should be delivered up to them. While 1 was in London, Mr. Franks often told me there were many large chests and trunks full of those books, parch- ments, and papers (cart-loads, and tuns, were sometimes his expression) ; but afterwards, on sending for them, with the approbation of De Lancey and Cuyler, a few deeds relative to the particular estate of Bowles, only have appeared. You will oblige me and all the proprie- tors very much, by giving your attention to this affair ; to find out from Bowles's executors, what papers and books they delivered up to Franks, what he received from Bowles, and how he disposed of them ; — and let me beg of you to give me the earliest intelligence of your success. " I am, &c." The Same to Captain Archibald Kennedy, R. N, " Baskenridge, December 16th, 1767. " Dear Sir, — I did not receive your favour of the 30th of November, until this day ; — nor did I, until then, know of your intention of sailing this fall, or I would certainly have met you in New- York. I most sincerely wish you a good voyage, and a speedy return to this country ; and, if it is in the policy of the great ones to keep any ship on this station, that you may come out in one to your liking. I can at present write nothing that can be new to you, so soon after your departure, excepting that I have heard the New- York Assembly 94 THE LIFE OF LORD STIRLING. have at last exactly complied with the billetting Act, and that the Bill for that purpose is accepted bj the Gov- ernor and Council ; wherefore, I am in hopes that we shall now live in peace on that subject. " I should be glad you would bring out for me Lord Littleton's New History of Henry VH. ; a very good spying-glass, or refracting telescope ; a neat, plain ba- rometer, and a thermometer with graduations more ex- tensive, and tube longer than they are commonly made, as our extremes of heat and cold often either fill the tube or sink the mercury into the ball. " Ten of the chiefs of the Cherokees are arrived at New-York from Carolina, on their way to Sir William Johnson's, where they expect to conclude a treaty of peace with the Six Nations. Rogers* is playing the devil at Michilimackinack. " I am, &c." The following letter relates to the claims of the Earl of Perth as a Proprietor of East Jersey. It would seem that some misunderstanding had arisen between that no- bleman and Lord Stirling ; which could not, however, have been of any long duration, as the latter was not long afterwards upon terms of intimacy with Lord Drum- mond, the son and heir of Lord Perth, who came to this country to look after his father's affairs, and who, as will be seen hereafter, applied to Lord Stirling to assist him in a serious difficulty in which he became involved at an early period of the Revolutionary War. B * Major Robert Rogers, of New though he started thence with the inten- Hampshire, an active partisan officer, tion of going to Michilimackinack, he commanding a corps of Rangers, was obliged to abandon the attempt on About Dec. 1st he had taken possession account of the ice. of the French fortress at Detroit. AI- THE LIFE OF LORD STIRLING. 95 The Earl of Stirling to William Smith, Jr. Esq.* » Baskenridge, October 18th, 1768. " My Dear Sir, — In consequence of what I informed you in my last I had written to Mr. Kelly, I had a meet- ing with Lord Drummond and him at Elizabethtown, by their appointment, on Monday the 10th instant. They showed me all the opinions except yours, on the controversy between the Earl of Perth and the Assignees of Sonmans. This I understood to be the express and sole intent of the meeting, and, as Surveyor-General, I read those opinions purely in the intention of being instructed in the duty of my office ; yet I found after- wards that they expected that those opinions would have had some influence on me with regard to the merits of the controversy, and seemed to wonder that I did not imme- diately make some proposition towards giving the claim against Lord Perth quietly up. I had so little idea of this being any part of the intention of the meeting, that 1 never consulted the gentlemen concerned against Lord Perth on it, in this view of the matter, and consequently could have no power to make any propositions, nor any right to deliver an opinion on the merits. Had I been alone in the controversy, I would freely have told them my sentiments. " I found also, from Mr. Kelly, that Lord Perth is much exasperated against me for the part I have acted in this matter. If it is as Surveyor-General, my answer is, that I have only obeyed orders which I conceive the duties of my office obliges me to obey ; — if as a party claiming against his Lordship, I have only joined in * The son of the historian, afterwards Peace of 1783 — when he was transferred Chief Justice of New- York, until the to Canada. 96 THE LIFE OF LORD STIRLING. measures advised bj eminent Counsel as proper to pre- serve an estate which they supposed we had an equita- ble title to, — and this I conceive every man has a right to do without deserving censure. However, as I have a great regard for several gentlemen who are mutual friends of Lord Perth and myself, and as I am desirous that the censorious part of the world shall not have it in their power to say that my behaviour in this matter is swayed by interest, I came to a determination to be no longer concerned therein against his Lordship, and have accordingly totally and bona fide divested myself of all claim, right or title to the half-propriety in controversy, by a conveyance thereof to John Stevens and Walter Rutherfurd, by whom I was first invested with a part of that claim, and 1 hope my Lord Perth and his friends will no longer suppose that 1 act partially to the con- cerned. " Mr. Kelly also alluded to a report which, among other misrepresentations, 1 have reason to believe, has reached the ears of Lord Perth, to wit, that R. H. Mor- ris and myself, being parties concerned, sat at Council in judgment on my Lord Perth's first receiving his war- rant on this half-propriety. But the truth is, we were neither of us interested at that time, nor expected to be ; but became so in the remainder of Sonman's estate many months afterwards. Had the advice I then gave, of granting the warrants to the heirs or assigns of Lord Melford, been adhered to, this controversy would long since have been determined ; — for, on the first location of them, a suit might have arisen, which would have brought the matter to a speedy issue. But enough of this. Believe me that '" I am, &c." THE LIFE OF LORD STIRLING. 97 About this time Lord Stirling appears to have given up his house in New-York, and thenceforward to have resided altogether in New Jersey. He continued, in his retreat at Baskenridge, his former course of life, combining with his private occupations, the duties of his public stations. It was at this period that an event occurred, which caused much excitement among the people, and great un- easiness to the Government of New Jersey. In July, 1768, Stephen Skinner, Treasurer of the eastern division of the Province, reported to the Governor, that the iron chest in which he kept the public money, had been rob- bed of more than six thousand pounds. All attempts to discover the robbers were in vain. The subject engaged the attention of the Legislature, and was warmly dis- cussed at several sessions, without arriving at any con- clusion as to the guilty parties. At length a resolution was passed by the Assembly, declaring that the robbery happened through the negligence of the Treasurer. In order to exculpate himself, that functionary made new and greater exertions to discover the criminals ; and it seems that his suspicions had for some time rested on one Samuel Ford, an Englishman by birth, who had married and settled in New Jersey. The result of these efforts proved that his suspicions were not un- founded. Ford had previously resided in the City of New- York, where he had once been apprehended on a charge of uttering forged bills of credit, purporting to have been issued by the Province of New Jersey. On that occa- sion he was admitted to bail ; but no further proceedings were had against him. Immediately upon his release, he made arrangements for carrying on the trade upon a 7 98 THE LIFE OF LORD STIRLING. more extensive scale, and for that purpose, removed to New Jersey, and established his manufactory in a seclu- ded spot near Hanover, in the County of Morris. He there formed a connection with one Joseph Richardson ; and, after some abortive attempts at imitating the bills of New- York and New Jersey, the two accomplices re- paired to Ireland, in consequence of hearing that the art of counterfeiting had been brought to great perfection in Dublin. Not satisfied with their improvement in that school, they crossed the channel, and visited London, and the chief manufacturing towns in England, in order more fully to inform themselves of its mysteries. In 1772 they returned to America, and commenced opera- tions by a new emission of bills in Pennsylvania and New Jersey ; and succeeded so well as to escape de- tection for a year or more. Ford was a person of much low cunning and some address ; and had art enough to persuade several indi- viduals of respectable connections in New Jersey, to aid in the circulation of his spurious currency. The dis- covery that a quantity of these bills had been suddenly thrown into circulation, alarmed the community, and excited the vigilance of the civil authority ; but the guilty parties for a long time eluded detection. The suspicion of the public, however, fell naturally upon Ford. It was well known that he possessed no visible means of livelihood but a neglected and unproductive farm ; and that, although he led an idle life, he had al- ways the command of money. These circumstances, in connection with the former charge against him, led to his arrest. Not long after his commitment to prison, with the assistance of one John King, a subordinate confederate, he effected his escape, and, in company with King and Richardson, fled to the western wilderness. THE LIFE OF LORD STIRLING. 99 Several of" the persons who had aided Ford in the circulation of his bills, were siibsequenllj arrested ; and bills of indictment were found in the County of Morris against Doctor Barnabas Budd, Samuel Haynes, David Reynolds, and Benjamin Cooper, who severally pleaded not guilty to the charge. Another individual of the name of Ayres, a Justice of the Peace, who had hitherto maintained a fair character, was also implicated ; but, as his offence was committed in another county, he was not indicted with the others. Subsequently, however, he confessed his guilt ; but whether he was sentenced or pardoned, does not appear. Budd, Haynes, Reynolds, and Cooper, were condemned to death ; but Reynolds, who had furnished the types, alone was executed. The respectability of the connections of the others enabled them to bring an influence to bear, which proved power- ful enough to procure their pardon. Reynolds, before his conviction, had testified that on one occasion, when in want of money, Ford [)romised to procure it for him ; and at the same time showed him a package of bills, which he gave Reynolds to under- stand had been obtained by robbing the Treasury. He afterwards saw Ford cutting up sheets of bills ; and, as the counterfeit bills had been printed separately, this circumstance was deemed conclusive evidence that the bills in sheets had been obtained surreptitiously, before their regular emission. Cooper, in his first confession, said nothing of the robbery ; but he afterwards swore that Ford had made known to him all the circumstances, and acknowledged that he had committed it with the assistance of two soldiers from the garrison of Am boy. As Governor Franklin had been much censured for not taking measures for recovering the sum abstracted 100 THE LIFE OF LORD STIRLING. from the Treasury, on the ground of his negligence, these confessions of Reynolds and Cooper were pressed by him on the attention of the Assembly, at its next session, as exculpating the Treasurer, and affording a sufficient excuse for the lenity extended to him : but without ef- fect. The Governor's conduct in relation to the Stamp- Act had deprived him of the confidence of the people, and produced the election to the Assembly of a majority opposed to him. In this affair of the Treasury, the op- position members put forth their whole strength against him. A committee, to whom the subject had been re- ferred, made a Report exculpating Ford, and charging the Treasurer himself with the robbery. This Report was concurred in by the House ; and a long and angry correspondence ensued between the Governor and the Assembly as to the proper course to be pursued in order to bring the Treasurer to trial. The Governor was sup- ported thus far, by the unanimous voice of his Council, including Lord Stirling, although, since the Stamp-Act, at the head of the political opposition to his administra- tion. The dispute ended by the resignation of the Treasurer, and the appointment of a successor with au- thority to bring a suit to recover the lost money.' In this controversy, both parties displayed great per- verseness. The Governor was, as usual, violent and undignified ; his opponents, disrespectful and unrea- sonable ; and it would have been difficult to decide which party was most to blame, had not the Governor after- wards called the Ex-Treasurer to his Council, in con- tempt of the opinions of a large majority of the people. The subject was canvassed in the pubhc newspapers after it had ceased to be discussed in the Assembly; and never, perhaps, did party spirit rage with greater violence THE LIFE OF LORD STIRLING. 01 under the Colonial Government, or a Provincial Legisla- ture exist more decidedly opposed to the immediate repre- sentative of the Crown. The opposition on this question was eventually merged in the far more serious dispute provoked hy those measures of the mother-country which led to the overthrow of her authority not merely in New Jersey, but in all the Colonies. The robbery of the Provincial Treasury, the counterfeiters, and all the cir- cumstances which had caused so much agitation, were speedily forgotten ; the Ex-Treasurer adhered to the Royal cause ; the suit against him was never brought to a close ; Ford and his accomplices were no more heard of; and, to the last, as much doubt was entertained by many, as to the guilt of the several parties accused of the robbery, as existed at the time of its discovery.* The following letter from one of the accomplices, who had been in the employ of Lord Stirling, was ad- dressed to him after the writer had been convicted as an accessory to the forgeries, and shortly before the day fixed for his execution. In this case, it is more probable that the interposition of Lord Stirling, in consequence of this letter, and the former good character of the convict, procured his pardon, than the influence of his family. Benjmnin Cooper to the Earl of Stirling. " Morristown, N. J., September 7th, 1773. " My Lord, — I am here confined and sentenced to die for a crime in itself dreadful ; but I had but little to * The author is indebted for these is manifest in his " History of East particulars to William A. Whitehead, Jersey" — presented by him to the His- Esq., of Newark, whose familiar ac- torical Society of the State, and publish- quaintance with our Colonial antiquities ed as the first volume of their Collections. 102 THE LIFE OF LORD STIRLING. do with it. I will give an exact account to jou of all 1 ever did. " In the spring of 1771, at the close of the accounts belonging to the Hibernia Company, at jour house, Samuel Ford and many others met at Daniel Cooper's, in order to settle and sign my letter of license ; at which time Ford was to lend two hundred pounds, to be appro- priated to the use of the Company. Shortly afterwards, he called me to Morristown, where he told me first of the villainous scheme of passing bad money. My neces- sities, distressed to distraction, led me into it. There I received between thirty and forty pounds of what he called counterfeit money, which was passed by John Kins and Samuel Haines. This was the first. 1 after- wards had a further parcel. This I burned, conceiving myself wrong. 1 never had any more ; determined and resolved I would quit it ; and if I had lived to the year 2000, should not by any means had any further hand. This is all in one week, in the year 1771. Two of the Judges, one of which was my father, and one other that he can inform you who it was, promised me I should never have it mentioned further than as an evidence, if I would give a narration of such as was concerned in coun- terfeiting and passing, if any I could. On these pro- mises I gave the account that the Judge lays before the Governor and Council. It was at the bottom I gave it, that I had received and passed ; but here you have all — the whole. " I was indicted, and to this confessed guilty of uttering. I then see death, of course. I was also in- dicted for aiding ; and the Judge said it was useless to plead not guilty. This I did ; however, I knowed nothing of the making or any thing belonging to it, excepting THE LIFE OF LORD STIRLING. ] 03 the paper. 1 see it going to him. This was all I knowed about the whole. This is the substance, as near as I can recollect. I have just to beg your Lordship's interest and influence with the Governor and Council for me, if you can do it consistent with honour, or as far as may be. This I would be extremely obliged to you for. " Several deeds ought to be made to you by me, and many things you are a stranger to, I fear, by which you will suffer, that otherwise you would not, had I not been called hence. But God's will be done. I am en- deavouring to prepare for the world to come. It is my chief aim now — I believe it is time — I fear 1 am to de- part. I have no one but your Lordship to place the least dependence on ; and this only from your natural humane, benevolent disposition towards all mankind. Here only, I hope for your interest, which if properly obtained and applied, no doubt would lengthen my days. Many things in the course of my perplexity I could say more respecting your interest, as also my present situa- tion. Now I pray you only, my good Lord, if you can possibly do me any service in this present situation of mine. Grant me your aid for God's sake. » I am, &c." " P. S. I was indicted for aiding Ford, when I left you at Hibernia, and went with my family to Hunter- don Ford was taken while you was at the works. .1 left you on Saturday morning; I returned the Friday following. I had reason to think he was in the woods. Miss Odie asked me to give her a hat and shirt : I did, and it was for Ford. However, I did not know posi- tively who it was for, but by suspicion. For this alone and all the aid I gave I was indicted, and was advised ]04 THE LIFE OP LORD STIRLING. by Isaac Ogden to plead guilty. My crimes, for which I am condemned, if they were all known, would not appear so bad." The following correspondence between the late Colo- nel Samuel Ogden of Newark, and Lord Stirling, prob- ably p-ew out of some interference, on the part of the former, in relation to Ford and his accomplices, upon which Lord Stirling thought proper to ground a charge before the Council, which he afterwards withdrew, for some good reason that does not appear, but renewed upon being urged by Colonel Ogden to do so. Colonel Samuel Ogden to the Earl of Stirling, " Burlington, December 3rd, 1773. " My Lord, — I am informed that you, some days past, exhibited to the Governor and Council now sitting at this place, a charge against Samuel Tuthill, Esq., and myself, greatly impeaching and reflecting on Mr. Tut- hill's and my characters as gentlemen, and magistrates in the execution of our offices, by taking several depo- sitions partially and unfairly, and by suppressing the testimony of witnesses material for bringing certain criminals to justice. " Your Lordship is not unacquainted with my re- peated applications to the Governor and Council to have a hearing before them, on the several matters wherewith Mr. Tuthill and myself were accused, and they have been refused by reason that said charges were not before them. From the above state of the matters, I hope you will think that the request I now make, viz., that you do re-enter on the minutes of the Board that charge expunged without Mr. Tuthill's or my consent, is con- THE LIFE OF LORD STIRLmG. 105 sistent with honour and common justice in your Lord- ship to grant, and me to ask. Your immediate answer will much oblige. b' "I am, &c." The Earl of Stirling to Colonel Samuel Ogden. '• Burlington, December 3rd, 1773. " Sir, — I received your letter of this day's date while I was at dinner at the Governor's, or I would have ac- knowledged it immediately by a written message. " Upon perusing your letter I find that you request that I should re-enter upon the minutes of the Council a certain charge against you and Samuel Tuthill, Esq. As this is a matter which would counteract a measure of the Governor and Council, which they went into for reasons to them appearing of public utility, I conceived it my duty to lay your letter before them, and to inquire of them, whether the same reasons still hold good in their opinion ; and as, on consulting them, I find it their opinion that the same reasons do hold, I cannot think myself at liberty to reinstate the charge. But, Sir, if you think any conduct of mine, which, in my station as one of the Council of this Province, I conceived it my duty to go into, injurious to your character, I am willing to join you in any proper measure, consistent with my duty to the Board, to do you justice, and fairly to try whether any charge I have exhibited against you is well founded or not, provided it be done as soon as pos- sible, and during the present session of the Legislature. " I am under an engagement to set out for Philadel- phia to-morrow morning, and intend to return to this place on Monday or Tuesday next. " I am, &c." 106 THE LIFE OP LORD STIRLING. Colonel Samuel Ogden to the Earl of Stirling, " Burlington, December 4th, 1773. " My Lord, — On reading your Lordship's letter in answer to mine of yesterday, I find your Lordship re- fuses to grant the request made you lest you might thereby counteract a measure of the Governor and Council, which they went into for reasons to them ap- pearing of public utility, and that you had therefore con- ceived it your duty to lay my letter before them, and to inquire of them, whether the same reasons in their opinion still hold good ; and as on consulting them you found it their opinion that the same reasons do still hold good, you could not feel yourself at liberty to reinstate the charge. Your Lordship soon after says that you are willing to join me in any measure, consistent with your duty to the Board, to do me justice, and fairly to try whether the charge exhibited against me was well founded or not, provided it be done immediately and during the present session of the Legislature. This last offer, and its being done immediately, I am not so happy as to reconcile with the former part of your letter. " I must beg leave to inform your Lordship, that as an innocent man, I do consider my reputation and hon- our much injured by your exhibiting said complaint against me ; and as the same was withdrawn without my consent, I cannot help asking of your Lordship a copy thereof, and your reasons for withdrawing the same ; and whether you did withdraw it upon such terms as left any stain on my honour, or imputation of guilt to my charge ? I must beg your Lordship will be very explicit in answering the above ; and that you will do the same as expeditiously as possible, — it being an affair of the most delicate nature, and of the greatest impor- THE LIFE OF LORD STIRLING. ] 97 tance to me, and what alone brought me to this town, and hath detained me here for several days past, of which your Lordship must be sensible. " I am, &c." The Same to the Same. " Burlington, 11 o'clock Saturday morning. "My Lord, — -Your Lordship's answer* to my letter of this morning I just now received, but as I am unlucki- ly obliged now to attend a Committee of the House of Assembly, have it not in my power to answer it. As soon as they dismiss me, I will send your Lordship such answer in writing as shall become a gentleman and man of honour, and hope your Lordship will defer setting out for Philadelphia. " I am, &c." The Earl of Stirling to Colonel Samuel Ogden. " Saturday morn, near 12 o'clock. " Lord Stirling has already twice informed Colonel Ogden that he is engaged to be in Philadelphia to-day ; and he does not conceive that any request from Colonel Ogden should induce him to break that engagement. But if Colonel Ogden conceives the business he has to transact with Lord Stirling requires such immediate des- patch, he may call on Lord Stirling in Philadelphia, where he expects to be for two or three days. Colonel Samuel Ogden to the Earl of Stirling. "Burlington, Saturday morning. " My Lord, — Finding it rather uncertain as to the day when you will be in Philadelphia, and being obliged * This answer does not appear, but its contents may be surmised from the subsequent part of the correspondence. 108 THE LIFE OF LORD STIRLING. to return to East Jersey without any longer delay, I do inform your Lordship, as you are pleased to say you are " no Councillor in Philadelphia," I presume the same will hold good in New-York, and upon my being informed of your Lordship's being there, you may be assured I will renew my demand, which I can but think reasonable. " I am, &.C." The Earl of Stirling to Colonel Samuel Ogden. '•Burlington, December 11th, 1773. " Lord Stirling was desirous of giving Colonel Ogden every reasonable satisfaction in his power, and therefore proposed a conference for that purpose on the 4th in- stant. But the contemptuous neglect which Colonel Ogden has shovi^n to that offer, renders his acceptance of it at present impossible. Besides, there are some expres- sions in the last letter which Lord Stirling received from Colonel Ogden on the 4th instant, which must be fully explained, before it can be proper for them to meet on business of that nature." The following seems to relate to the same subject. Elisha Boudinoi, Esq.* to the Earl of Stirling. " Newark, 27th January, 1774. " My Dear Lord, — I received yours of the 15th instant, concerning the report that is prevailing relative to the transactions before the Council, &c. I believe one of its greatest springs took its rise at the last Morris Court ; but, as you cannot be at a loss to find out the origin of it there, shall be silent on that head. * Afterwards a Judge of the Supreme Court of the State of New Jersey. THE LIFE OF LORD STIRLING. 109 " A few days after I returned from Morris, I was at my brother's* at Elizabethtowii, who was mentioning the subject, and much in the same manner it had been re- lated at Morris ; and he said he heard Mr. HofTman teUingthe story at Mr. Lott's in New- York. This is as true and as straight an account as I can get of it. " With regard to the appointment of a certain Jus- tice, as your Lordship was so polite as to promise me your assistance in it, if when you are at Council you should not think there was a great probability of carrying it through, notwithstanding the opposition of a particular gentleman.) I would rather it should not be mentioned, as a repulse would be rather mortifying, especially from that quarter. I have wrote to Mr. Stockton on the subject, and should be glad your Lordship would mention it to him when you see him at Burlington. If it could be accomplished, it would give me real pleasure, and would greatly chagrin some other persons, as a gentleman in office, of an independent spirit, does not coincide with their views. " If any thing that is in my power can at any time be of the least service to your Lordship, you may freely command me. "I am, &c." Governor Franklin to the Earl of Stirling. " Philadelphia, May 3rd, 1774. " My Dear Lord, — Your letter of the 26th of last month is just delivered to me at this place, where I am on a visit. It gives me great concern to find the aft'air be- • Elias Boudinot, who was afterwards House of Ri'jjresentatives under the pres- a delegate from Ne^v Jersey, and Presi- ent Federal Constitution — and the first dent of Congress under the Confedera- Direcior of the Mint of the United lion ; subsequently a member of the first States. no THE LIFE OF LORD STIRLING. tween your Lordship and Colonel Ogden is not jet settled. I was in hopes from what I had said to some of his friends, and from what had passed between your Lordship and me, as well as from some other circum- stances, that your differences would have soon after ter- minated in a happy accommodation. As that, however, is not the case, and your Lordship has thought proper to renew the charge against Colonel Ogden, I shall take the first opportunity of laying it before the Council. " The Chief Justice* and Mr. Stockton will pro- bably be at Burlington next week, when I shall be able to get a sufficient number to form a Council ; but I do not believe they would proceed to hear the merits, even if all the parties were present at that time, unless the East Jersey members of Council were likewise present. The West Jersey members refused, for the like reason, to determine at the last meeting any thing respecting Colonel Ford's conduct. Judge Ogdenf will of course not sit in this business ; and as Colonel Ogden intimates that he intends bringing the affair before a Court of Judicature, perhaps Mr. Chief Justice and Mr. StocktonJ may on that account likewise object to being present at any hearing or determination on the subject, before the Council. It will therefore be proper that some time should be fixed when Mr. Kemble, Mr. Parker, and Mr. Skinner^ can attend. Your Lordship may depend upon receiving early notice of the determination of the Coun- cil in this respect. " I am, &c." * Frederick Smylh. preceding, but who had not yet taken t David Ogden, a Justice of the Su- his seat upon the bench. preme Court, N. J. § Peter Kemble, James Parker, and t Richard Stockton, appointed a Jus- Stephen Skinner. tice of the Supreme Court the February THE LIFE OF LORD STIRLING. j j j " P. S. I am oblio;ed to jour Lordship respecting the heads of inquiry sent over by Lord Dartmouth, though they came to hand too late, as I sent my answer to them about a month ago. Your notes, however, contain some particulars which I have not mentioned ; I shall there- fore take a copy of them and transmit you the original." The controversy between Lord Stirling and Colonel Ogden seems to have ended in the following public advertisement by the latter. " A Pamphlet having been published and handed about town last evening, containing a pretended state of the dispute between Lord Stirling and Colonel Ogden, the Colonel begs of the Publick that they will suspend their opinion, until the hearing before the Governor and Council is ended, and he shall have opportunity and leisure to lay his case fairly before them. The Colonel re- marks several misrepresentations to have been inserted in the Pamphlet, and he thinks it necessary to assure the Publick that the letter or note marked F. in the Pamphlet, and dated " Saturday Morn, near 12 o'clock," was never received by the Colonel ; but that the mes- senger at that time sent to his Lordship's lodgings, re- turned with the information to the Colonel that his Lordship had left neither letter nor message. " Am boy, January 17th, 1775." CHAPTER V. 1774-1776. During the interval between the correspondence with which the last Chapter closed, and the events which led immediately to the Revolution, Lord Stirling continued to reside at Baskenridge, engaged in his for- mer occupations, to which, of late years, he had added the general superintendence of several extensive iron- works which he had established, principally in the County of Morris. These pursuits were interrupted only by occasional visits to New-York, and the perform- ance of his public duties as Surveyor-General, and a member of the Council of New Jersey. Nothing of a public or interesting character appears in what has been preserved of his correspondence during this period, until the autumn of 1775, when the projects of the British Court again threatened a rupture between the mother- country and her Colonies. A whig, not merely from education, and early political associations, but from the convictions of his maturer judgment, Lord Stirling opposed, as we have seen, the execution of the Stamp Act, and used whatever of influence he possessed in England, in procuring its repeal; and he now withstood, with similar promptness and decision, the equally un- THE LIFE OF LORD STIRLING. 1 1 3 constitutional expedients adopted as a substitute for that odious measure. Though less oppressive in its opera- tion than the former attempt, the new project involved the same violation of principle, in the assertion of a power to tax the colonists without their consent, and was met by them in the same indignant spirit of resist- ance. When coercion w^as resorted to by Great Britain to put down the open opposition in Massachusetts, Lord Stirling was among the first in the other Provinces to take up arms, in what he deemed the common cause. From the military experience he had acquired early in life, not less than from his local influence and personal popularity, he was chosen to command the first regiment of militia, raised by the authority of the Provincial Con- gress, in the county in which he resided. On being in- formed that he had accepted the appointment. Governor Franklin, in summoning Lord Sterling to a meeting of the Council, directed his Secretary to inquire whether the report he had heard of his acceptance were true. To this demand, the following answer was returned. The Earl of Stirling to Governor Franklin. " Baskenridge, September 14th, 1775. " Sir, — I have received a letter from Mr. Pettit, dated the 7th instant, informing me that your Excel- lency has appointed a Council to be held at Amboy the 15th instant, and that my attendance is expected. The gout, which at present is my constant companion, will render it impossible for me to go from home at that time, and therefore I hope your Excellency will be able to dispense with my attendance. " In the same letter, Mr. Pettit informs me that he has it in command from your Excellency, to acquaint 8 I 14 THE LIFE OF LORD STIRLING. me that it is a matter of public report, that I have ac- cepted a Commission from the Provincial Congress of New Jersey, appointing me to the command of a regi- ment of militia in the County of Somerset, and that yom- Excellency requires an answer from me whether I ' have, or have not, accepted such commission ?' " I must acknowledge. Sir, that the style and man- ner in which this inquiry is made, a good deal surprises me ; especially as 1 have ever been used to experience from your Excellency, the behaviour becoming a gentle- man in your exalted station. That you could think of commanding your Clerk to correspond with me on so delicate a subject, or to catechise me in so peremptory a manner, equally astonishes me. However, I will indulge your Excellency's curiosity, " I have lately been informed that the good people of this County have unanimously chosen me Colonel of a regiment of militia ; that the Congress of this Prov- ince have approved of the choice, and have issued a commission accordingly, — which I have received. This mark of the confidence of the people among whom 1 re- side, is most satisfactory, and, I think, honourable to me. To be thus called forth at a time when their dearest rights are invaded, to take so prominent a part in their defence, cannot but excite the most grateful feelings of one who has ever been a friend of the liberties of man- kind ; and in accepting this commission, and serving my country faithfully, I cannot doubt of your Excellency's highest approbation, when I recollect your frequent pub- lic, as well as private declarations, that the rights of the People, and the prerogatives of the Crown, were equally dear to you, — and equally your duty and inclination to preserve. " I am, &c." THE LIFE OP LORD STIRLING. II5 An angry correspondence ensued, which was closed by a letter from Lord Stirling, concluding with this sig- nificant passage : — " The world is apt to be censorious when those who are entrenched in office indulge in of- fensive language ; and on this very occasion there may be some who will suspect that your letter would not have been penned in the style it is, had it been written in any other Province than New Jersey.* The rebellious Colonel — to use the epithet applied to him in one of Governor Franklin's letters — lost no time in organizing and disciplining his regiment ; and on the 1 8th of October he issued orders for a general review and muster to take place on the 6th of Novem- ber ; " every man to bring with him the best arms he can, and those who have no firelocks are, notwithstand- ing, desired to attend, as other arms will be furnished for them.'^ This was done at his private expense ; but, be- fore the day appointed for the review, Lord Stirling was transferred to the command of the first of two regi- ments of regular troops, directed by Congress to be raised in New Jersey for the continental service, into which he was followed by several of the officers and men of his militia regiment. Upon hearing of this appointment. Lord Stirling re- paired to Philadelphia to receive his commission, and confer with his friends in Congress. On the 22d of No- vember, he proceeded to Burlington to endeavour to pre- vail on the Committee of Safety of New Jersey, to take proper measures to secure arms for the two regiments, and to get barracks prepared for their reception. From • Gov. Franklin's appointment was See letters of J. Penn., and P. Livings- net acceptable to the people of New Jer- ton, Jun., ante, pp. 67, 69. sery, and his conduct in office, less so. l\Q THE LIFE OF LORD STIRLING. thence he visited several other of the principal towns in the Province, on the same errand. He had little diffi- culty in obtaining more volunteers for his own regular regiment among the men who had served under him in the militia, and within a week of his leaving Philadelphia he had established its head-quarters at Elizabethtown. In a letter to the President of Congress written on his arrival at that place, he complained of the impedi- ments thrown in his way by the local magistrates, in is- suing warrants against his men, upon the smallest pre- text ; and suggests to Congress the expediency of adopt- ing a rule similar to one which had prevailed in the Province of New Jersey during the former war, exempt- ing every person in the military service from arrest for debts less than fifteen pounds. In consequence of his representations. Congress subsequently provided a simi- lar remedy for this inconvenience. Whilst engaged in recruiting at Elizabethtown, he availed himself of his position and opportunities to gain intelligence in relation to the British ships of war in the harbour of New-York, and was thus enabled more effect- ually to watch their motions. The following letter to the President of Congress, affords evidence of his vigil- ance, and contains some hints of the advantages to be derived from the measures he had taken. Colonel the Earl of Stirling to his Excellency John Hancock. " Elizabethtown, December 19th, 1775. " Sir, — In consequence of the new orders published by Captain Parker, of the Phenix, since his arrival at New-York, all vessels coming from foreign countries to that port, receive on the coast orders from us to come into this Province, and, if possible, to this place. Sev- THE LIFE OF LORD STIRLING. j ] -^ eral have already arrived at Prince's Bay, and in the Sound between this and Amboy. Some of the owners of them, being apprehensive that the men-of-war at New- York may send their cutters and boats to seize and carry them off, have applied to me for protection. The saving a vast useful property from falling into the hands of our enemies, must be right ; and although I have no orders for it, I shall give them every protection in my power, until 1 receive orders to the contrary from Con- gress. " This will, most probably, draw some of the tenders and smaller ships of war to the avenues of New-Jersey on this side. It will, therefore, be highly necessary to have an immediate supply of ammunition at this place ; and, if possible, half a dozen lield-pieces, with some round, grape, and cannister shot. We might then hope to make them quit any station in harbour ; and the sea- son of the year will soon make them quit every other station. " This new order of Captain Parker's is in direct violation of an Act of Parliament ; it alarms and rouses the moderate, and sorely vexes the Tories of New-York, from their being obliged to seek protection here ; and in proportion as their property will be lodged among us, their j)iilses will beat, and their conduct will be regula- ted. If this circumstance be properly managed, I am in hopes it will turn out a very fortunate one. " It just occurs to me that it may be very proper that there be an order of Cono;ress to receive for the conti- nental use, all the ammunition imported in the vessels that may arrive in this Province, on paying a moderate price for it ; some small quantity may be in each ; and every little helps. " I am, &c." llg THE LIFE OF LORD STIRLING. In pursuance of this suggestion, Lord Stirling was directed by Congress, " to seize and secure all the am- munition and warlike stores belonging to the enemy, which now are, or hereafter may be, imported into the Colony of New Jersey, and to keep them until he shall receive the orders of Congress respecting them." The following letter contains another proof of his watchfulness and foresight on the subject mentioned in that preceding it. Colonel the Earl of Stirling to the President of Congress. " Elizabethtown, January 6th, 1776. " Sir, — Having particular reasons for believing that an express which went through this place about noon this day for New- York, was charged with despatches of importance for the Ministry of Great Britain, I imme- diately despatched the bearer hereof. Captain Morris, of my regiment, to overtake the messenger, which he did, at the second ferry between this and New- York ; and has this moment brought back the messenger, with the enclosed two packets directed to the Earl of Dart- mouth, which I think it most proper to send you uno- pened, in order to be laid before Congress. " Captain Morris, who on this occasion has behaved with great prudence and alertness, will wait for what- ever despatches or commands you may have for me. " I have the pleasure to inform you that several vessels with valuable cargoes from foreign ports, have arrived in this Province ; and, under the protection I have afforded them, have landed their cargoes. Among the rest, are some hundred barrels of gun powder. « 1 am, &c." THE LIFE OF LORD STIRLING. 119 " P. S. After sealing the above, I found on the messenger some private letters to Mrs. Gage, which I have forwarded. The handwriting of one of them, I knew to be that of a most dangerous man ; and for very particular reasons I was induced to open it. I now send it to jou." Having some reason (derived probably from the above mentioned intercepted letter) to suspect that his old friend Governor Franklin meditated an escape from the Province, he directed Lieutenant Colonel Winds, who was stationed at Amboy, to prevent it. A correspond- ence thereupon took place between that officer and the Governor, which was transmitted by Lord Stirling to Congress, with the following. Colonel the Earl of Stirling to the President of Congress. " Elizabethtown, January 10th, 1776. " Sir, — 1 now send you inclosed, copies of some let- ters which have passed between Governor Franklin, and Lieutenant Colonel Winds. As it is evident from the last letter from the Governor, that he intends no longer to remain quiet, I thought it most prudent to secure him, and remove him to this place. I accordingly sent orders to Lieutenant Colonel Winds this morning, for that pur- pose. I have provided good, genteel private lodgings for the Governor, at Mr. Boudinot's, which I expect he will occupy this afternoon, and where I intend he shall remain until I have directions from Congress what to do with him. " I am, &c." 120 THE LIFE OF LORD STIRLING. Lieut. Colonel William Winds to William Franklin, Esq. " Barracks at Perth Amboy, January 8th, 1776. " Sir, — I have had hints that jou intend to leave the Province in case the letters that were intercepted should be sent to the continental Congress. As I have particular orders concerning the matter, I therefore de- sire you will give me jour worc^ and honour that you will not depart this Province until I know the will and pleasure of the continental Congress concerning the matter. " 1 am, &c." William Franklin, Esq. to Lieut. Colonel Winds. " January 8th, 1776. " Sir, — Being conscious that my letter which was intercepted contained nothing but what it was my duty to write as a faithful servant of the Crown, — being a mere narrative of such facts and reports as had come to my knowledge respecting public transactions, — I have not the least intention to quit the Province ; nor shall 1, unless compelled by violence. Were 1 to act otherwise, it would not be consistent with my declarations to the Assembly, at the last session, nor my regard to the good people of this Province. " I am, &c." The Same to the Same. " Perth Amboy, January 9th, 1776. " Sir, — I observed this morning that armed men were placed at my gate, who, from time to time, have been relieved by others. On inquiry, I am given to un- derstand that they are placed there as sentinels by your THE LIFE OF LORD STIRLING. 121 orders. This, I scarcely know how to believe, not only as I am convinced that jou can have no proper authority for it, but as I had before, under my hand, assured you, (who are a member of the House of Representatives,) that agreeable to my declarations to the Assembly at my last session, and I might have added, in compliance with their request, — I was determined not to quit the Pro- vince unless compelled by violence. Such an assurance on my part was certainly equal to any promise I could iijake, and ought of course to have weight with those who pretend to act on principles of honour. How- ever, let the authority, or let the pretence be what it may, I do hereby require of you, if these men are sent by your orders, that you do immediately remove them from hence, as you will answer the contrary at your peril. " I am, &:c." Lieut. Colonel Winds to William Franklin, Esq. " January 9th, 1776. " Sir, — As you in a former letter say you wrote nothing but what was your duty to do as a faithful offi- cer of the Crown, so I say, touching the sentinels placed at your gate, I have done nothing but what was my duty to do as a faithful officer of the Congress. " I am, &c." Colonel the Earl of Stirling to the President of Congress. " Elizabcthtown, January 11th, 1776. " Sir, — In consequence of orders I sent to Lieuten- ant Colonel Winds, on the 9th, between the 9th and 10th instant he sent two officers attended by a proper guard to wait upon Governor Franklin, who at first refused pay- 122 THE LIFE OF LORD STIRLING. ing any attention to the message which kindly invited him to dine with me at this place ; but finding it in vain to act that part, he ordered up his coach in order to proceed to this place. But Chief Justice Smyth,* thinking it possi- ble to put the matter upon an easier footing for the Gov- ernor, prevailed on him to give his parole not to depart from his house on any pretence whatever, not even if a rescue should be offered by Captain Parker,t or any other person. I have given the Lieutenant Colonel orders to let the Governor remain at his house, on the conditions stipulated until I have the orders of Congress to the con- trary. " I am, Sic." The Governor, however, would not remain quiet, but afterwards issued a Proclamation for assembling the former Provincial Legislature ; upon which the Conven- tion of the Province declared his authority at an end ; and he was thereupon directed by Congress to be removed to Connecticut. There he remained a prisoner until the end of the war, when he sailed for England, where he re- ceived a pension and continued to reside until his death. J Lord Stirling was now entering upon more active service ; and the first orders he received from a military superior, were from the Commander-in-Chief himself. * Frederick Smyih ; the last Chief Bute, was appointed Governor of New Justice of New Jersey, under the Colo- Jersey, in 1763 ; from which time he con- nial government. tinued in the office until deposed, as above t Commander of the British man-of- related. He died in England in 1813, War Phenix. at the advanced age of 82. By his first \ Governor Franklin was born about wife, a West Indian, he had a son, Wil- the year 1731. Pie was a Captain in limn Temple Franklin, who edited his the French war, and served at Ticon- grandfather's works, and is accused of deroga. After the peace of Paris, he suppressing some highly important mat- accompanied his father to England ; and ters. This gentleman resided latterly by the recommendation of the Earl of at Paris, where he died in 1823. THE LIFE OF LORD STIRLING. 123 General Washington to Colonel the Earl of Stirling. " Cambridge, January 10th, 1776. " My Lord, — Having received undoubted intelli- gence of the fitting out of a fleet from Boston, and of the embarkation of troops from thence, which, from the season of the year, and other circumstances, must be destined for some expedition south of this ; and having such information as I can rely on that the inhabitants of Long Island, or a great part of them, are inimical to the rights and liberties of America, and, by their conduct and professions, have discovered an apparent inclination to assist in subjugating their country and fellow-citizens to the system of tyranny administration are attempting to establish, — there is the greatest reason to apprehend that this armament, if not immediately designed against New-York, is nevertheless intended for Long Island. — Knowing it to be of the last importance to the interest of America, to prevent the enemy getting possession of these places, and the North River, which would give them the command of the country, and a free communication with Canada, I have despatched Major General Lee* with or- ders to repair to New- York, with such volunteers as he can raise on his way, (having no troops to spare from hence,) to put the city and the fortifications up the River in the best posture of defence the season and situation of af- fairs will admit of; and for taking such proper steps against such persons on Long Island, and elsewhere, whose conduct has rendered them suspected of designs un- friendly to the views of Congress. I have directed him to apply to you for the troops of New Jersey, under your * Charles Lee, an Englishman by birth, and a resident of Virginia. 124 THE LIFE OP LORD STIRLING. command, in the continental p3y, or such of them as he may think necessary for effecting the purposes of his going. I beg, and am assured, that you will afford him every assistance in your power for facilitating this busi- ness, as far as may be consistent (or not repugnant) to orders you have received from Congress, with all possible expedition. " 1 am, &c." About this period. Lord Stirling planned and executed an enterprise, which at once established his character for gallantry, activity, and zeal, and gained for him one of the earliest complimentary votes granted by Con- gress.* With the regular troops under his command, and some volunteers from Elizabethtown, and its neigh- bourhood, he embarked on board a pilot-boat and three smaller vessels, and, while the Asia man-of-war and her tender lay at anchor in the bay of New-York, proceeded at night to sea, and, with musketry alone, attacked and carried a British armed Transport of three hundred tons burthen, mounting six guns, and laden with stores and provisions for the enemy at Boston ; and the next day succeeded in conducting his prize safely into the port of Perth Am boy. The following is his official report of the affair to Congress. * In Congress, January 29th, 1776. ble and exemplary; and that his Lord- iZcsoZ«eare. of by Lord Stirling as "one of Lee's t He had lately been exchanged, eccentric movements, and only remark- having been made prisoner at Basken- able from its direction." 195 THE LIFE OF LORD STIRLING. tion he should take when he left it. It was at first his intention to proceed to the Raritan, and embark his troops at New Brunswick, or South Amboy ; but finding General Washington, who, in the mean time had ad- vanced to Kingston, almost in his front, he turned to his right, and took the road leading to Sandy Hook. On the morning of the 28th, he was encamped in a strong position near Monmouth Court-House, and Gen- eral Washington was approaching him. When the latter had advanced to within six or seven miles of the British encampment, he was informed that Sir Henry Clinton had abandoned it and was then on his march to the ocean. The American army was instantly put in motion, and General Lee, who commanded the advanced detach- ments, amounting to five thousand men, was ordered to commence the attack, " unless there should be very powerful reasons to the contrary ;" and he was at the same time informed by General Washington that he would come up as soon as possible to his support. After he had marched about five miles, Washington learnt, to his surprise and mortification, that Lee was retreating without having made any opposition to the enemy, except one fire from a party which had been charged by the British cavalry. This movement was the more alarming, as General Lee, without giving any notice of his retreat, was marching his troops directly upon the rear division, to the imminent hazard of throw- ing the whole army into confusion, at the very moment too when the enemy was pressing upon it with unim- peded force. General Washington rode immediately to the rear of the retreating division, where he found Gen- eral Lee, whom he accosted with a warmth of language which he rarely used, and in a manner indicative of the v5^ 1' =::ri^lt^^^:i-5^b•.^:=S=^^ S- ? :j >; ^ ^ ? :i - 5- ^ > -. I 5 5 ^ ^ * ^-- ~ ; S S ^ >> ~« - 5 "^ ? ; ? ?, 3- S" j" ?• '' S« j' ^ S'- > 3 ^ ;, S -^ ^ i 5 "• -1 - > $•• if. ^v. ^. r- > ^ •^- i"^ . -T -; V' 5 5^ '■"■•■I,.. V /^«%^/' THE LIFE OF LORD STIRLING. ]97 highest displeasure. He ordered the division to be re-formed and brought immediately into action. Lee promptly obeyed ; but it was not without difficulty that the order of battle could be restored in time to check the advance of the enemy. A new disposition of the left wing and second line of the army was then made, on an eminence, partly in a wood, and covered by a morass in front. The rear division, which formed the left wing of the army, was commanded by Lord Stirling, who placed his batteries so as to play upon the enemy with great effect, and with the aid of his infantry to put a stop to their advance. General Greene, who commanded the right wing, on hearing of Lee's retreat marched up, and took an advantageous position on the right; upon which the enemy attempted to turn Lord Stirling's left flank, but were repulsed and driven back. A similar attempt on the right wing was as bravely met by Greene, and was equally successful. While this was going on, General Wayne advanced with a body of infantry, and kept up so hot and well directed a fire upon the enemy's front, that they retired behind a marshy ravine, to the ground they had occupied at the commencement of the engage- ment. It was night before the dispositions for attacking them in that position could be made ; and, with the view of renewing the contest the next morning, the American troops were directed to lie upon their arms on the field. When the morning dawned no enemy was to be seen. Sir Henry Clinton had silently retired in the night towards Middletovvn, and before he could again be attacked, had reached Sandy Hook, where he em- barked his troops on board the fleet which lay there in 198 THE LIFE OP LORD STIRLING. readiness to receive them, and thus were they conveyed again to New-York. The American army was then marched round to the Hudson, which it crossed at King's ferry, whence it marched on, and encamped at the AVhite Plains. Stung by the language Washington had used to him on the field of battle. General Lee, after a disrespect- ful and offensive correspondence with the Commander- in-Chief, demanded a Court Martial. He was ac- cordingly placed under arrest, and a Court Martial was summoned, of which Lord Stirling was President. It sat for three weeks while the army was on its march to the Hudson, and finally declared General Lee guilty on all the charges preferred against him, which were, 1st, Disobedience of orders, in not attacking the enemy ac- cording to repeated instruction ; 2d, Misbehaviour before the enemy, in making an unnecessary and disorderly retreat ; and 3d, Disrespect towards the Commander- in-Chief, in two letters written after the action. The sentence of the Court, suspending him from his com- mand for a twelvemonth, was approved by Congress ; and General Lee left the army for Philadelphia, where he resided until his death, four years afterwards, without having been again called into service. CHAPTER VIII. 1778-1781. Before the army crossed the Hudson, General Washington had heard of the arrival of the French fleet under the Count D'Estaing. No time was lost in offering his congratulations to the admiral, and proposing to him to co-operate against the common enemy. An attack upon New-York was first contemplated, but the pilots refus- ed to take the responsibility of conducting the heavy ships of the French over the bar at Sandy Hook. The fleet then proceeded to Newport, and upon the failure of the land expedition against that place, in consequence of the dissensions between the American and French oflicers, the French Admiral proceeded to Boston, to re- pair the damages his ships had sustained from a tremen- dous storm, and a partial engagement with the enemy, upon his outward passage. While in camp at White Plains, Lord Stirling ob- tained permission for his lady to visit her eldest daugh- ter, whose husband, Mr. Robert Watts, had taken no active part on either side in the Revolution, and remained quietly in the city of New-York. The letters of Lady Stirling and her youngest daughter, who accompanied her, describing this visit, may not be devoid of general interest, as they exhibit the situation and temper of those 200 THE LIFE OF LORD STIRLING. Americans who had continued in the city during its oc- cupation bj the enemy. The Countess of Stirling to M. G. the Earl of Stirling. " Elizabethtown, August 24th, 1778. " My Dear Lord, — I returned last night from New- York. We were received with great politeness by Gen- eral Maxwell and Mr. Caldwell at the point, and con- ducted to Mr. Smith, who received us very politely. The Governor [Livingston, her brother] has promised to provide us a carriage to get home in to-day. We left Mr. Watts, Mary, and her little girl, very well. She longs to see you, and wishes to be with me, but duty to her husband must keep her where she is. " The commanding officer at Staten Island sent a sergeant over with us to New- York, with orders that we should go to G. Jones to ask his permission to go to Mr. Watts. I desired Mr. Rutherfurd* to go for us, and we were permitted. The next day Mr. W. carried your letter to head-quarters, and about ten days afterwards General Clinton sent a card to Mr. Watts, desiring him to let him know when we arrived in town, for he intend- ed to show us all the civility in his power. We never heard from him again until I applied for a pass to leave town ; then Mr. Elliotf came with Sir Henry's compli- ments that he was sorry he had not had it in his power to call on us before, but that he would endeavour to do it before we left town, for old acquaintance sake ; — but we heard no more of him. So much for that. * Walter Rutherfurd, a brother-in- teemed and respected both by Whigs law of Lord Stirling's. and Tories, for his integrity of charac- t Andrew Elliot, Collector of the ter, and the urbanity of his manners, port under the Crown, and highly es- THE LIFE OP LORD STIRLING. 201 " Mr. Elliot called on us the day after we got to town and offered me liberty to take any thing out of town 1 pleased, for which I thanked him, and told him, I was only come to see my daughter ; which I thought most prudent, for I was afraid there would be a handle made of it, if I accepted the offer. All his family came to see us, and he sent me the same offer by several people : the last time I saw him he told me I must take a box of tea, but I stuck to my text. Lord Drummond,* Chief Jus- tice Smith,t and Mr. N. Bayard,! were our constant visitors, and desired to be remembered to you. " I was happy to hear from General M. that you was well last week. I sent my love to you by Colonel Bunner. I am obliged to conclude, as it is time to set off. Write to me as soon as possible. Kate joins in love to you. She will write to you when we get home. " I am, &c." Lady Catharine Alexander^ to M, G. the Earl of Stir- ling. "Parsippany,|| August, 1778. " I have made several attempts to obey an injunction laid upon me by my dear Papa, in a letter to General Maxwell, but have always been interrupted, or entirely prevented by trivial accidents, which, though important enough to prevent my writing, are scarce worth men- * Eldest son of the Earl of Perth, t The late Alderman Bayard — ovvn- who visited America to look after his er of Bayard's farm, now in the heart father's interests as a Proprietor of East of the city of New-York. Jersey. § Afterwards married to Colonel t William Smith, the historian of William Duer. New-York,— afterwards Chief Justice || Where Gov. Livingston's family of Canada, an early and intimate friend had taken refuge from Elizabethtown of Lord Stirling's. on its invasion by the British. 202 THE LIFE OF LORD STIRLING. tionirig to jou. Colonel Livingston going to camp, at last furnishes me with an opportunity of acquainting you with every thing that my memory retains of our jaunt to New- York. " In the first place we had the satisfaction of being treated civilly by the British officers. One indignity, indeed, we received from General Grant,* who ordered a sergeant to conduct the Flag to town, instead of an officer ; but we were so happy at getting permission to go on, that we readily excused this want of politeness. Our acquaintances in town were very polite to us : many, indeed, were remarkably attentive ; but whether it pro- ceeded from regard to themselves, or us, is hard to de- termine. The truth is, they are a good deal alarmed at their situation, and wish to make as much interest as possible on our side. The sentiments, I really believe, of a great number, have undergone a thorough change, since they have been with the British army ; as they have many opportunities of seeing flagrant acts of injus- tice and cruelty which they could not have believed their friends capable of, if they had not been eye-wit- nesses of their conduct. This convinces them, that if they conquer, we must live in abject slavery. " Mamma has, I suppose, mentioned to you the dis- tressed situation in which we found poor Mary. The alarms of the fire, and of the explosion, added to her recent misfortune, kept her for several days in a very weak state ; but Ave had the satisfaction to leave her perfectly recovered. The child she now has is one of the most charming little creatures I ever saw, and by all accounts is more likely to live than either of the others. * The same who had been opposed to Lord S., at the battle of L. I. THE LIFE OP LORD STIRLING. 203 Mr. Watts, I am happy to find, is among the number of those who are heartily sick of British tyranny; and as to Mary, her political principles are perfectly rebellious. Several gentlemen of your former acquaintance in the British army made particular inquiries after you. Co- lonel Cosmo Gordon, brother to the Duchess, was very desirous of making acquaintance with us on your account, but we happened, unfortunately, to be abroad whenever he called upon us. The Chief Justice, Lord Drummond, Mr. Barrow, and several'others, begged to be remember- ed to you. Lord Drummond is very anxious to have his character cleared with respect to his parole : he says you know the circumstances, and wishes you would persuade the General to take the matter into considera- tion.* 1 believe his Lordship would be very happy to * Lord Drummond, as has been mentioned, came to America to look after the affairs of his father as a Pro- prietary of East Jersey. At an earlier period he had made an unsuccessful at- tempt to produce a reconciliation be- tween the mother country and the Col- onies ; but afterwards seems to have lost the confidence of the whigs of New York, from his intimacy with Governor Tryon, and some of the lead- ing tories in that city. The Commit- tee of Safety, therefore, exacted from him hia parole of honour, that he would hold no correspondence directly or in- directly with those who were in arms against the Colonies, nor go into any port or harbour occupied by the enemy, nor on board their ships. He subse- quently obtained permission from the Committee, to visit Bermuda for the benefit of his health ; but was not, by this indulgence, to be further released from hia parole. In his zeal, however. to effect a pacification, he imprudently went on board the Asia man-of-war, on his way to sea ; and on his return, three or four months afterwards, when the British fleet lay in the harbour, he visited Lord Howe with the same view. He drew up a set of Articles, which he submitted to Lord Howe, who approved them, whereupon they were transmit- ted by Lord Drummond in a letter, to General Washington — who, considering that Lord Druinmond's conduct in go- ing on board the enemy's ships of war, a breach of his parole, objected to the mode of negociationhe had proposed. He however submitted all the papers to Congress, but the decision of that body was, to take no notice of Lord Drum- mond or his negociation, and to ap- prove of the course adopted towards him by General Washington. See Sparks' Writings of IVashington, Vol. III. pp. 288 and 525, and Vol. IV. p. 51. 204 THE LIFE OF LORD STIRLING. become an American subject if the British Parliament would condescend to accede to our Independence, and he is therefore very solicitous to secure our good graces. " Upon the whole, I think we may call our jaunt a very agreeable one, though it was chequered with some unlucky circumstances. For my own part, I liked it so well, that I could wish to repeat it in a few months, if my sister does not get permission to pay us a visit. I left Mamma very well two days ago, to pay a visit to the Governor's [Livingston's] family, who sent the Colonel with an absolute command to fetch me. They all beg to be remembered to you. « I am, &c." On the 15th of October, Lord Stirling repaired to Elizabethtown, whither he was ordered to take command of the troops stationed in New Jersey to watch the mo- tions of the British fleet and army at New- York ; and on this service he was employed until the army went into winter quarters. At the opening of the campaign of 1779, he was ordered to march with the Virginia division under his command, to Pompton Plains, and to cover the country between that station and the lines be- low, extending to the Hudson. Major Henry Lee, who with his corps of light-horse was attached to Lord Stir- ling's command, was directed by him, in pursuance of orders from the Commander-in-Chief, to watch the mo- tions of the main body of the British army. In his incursions, which extended as low down as the Hacken- sack, he obtained intelligence that the enemy's troops at Powles' Hook, were extremely remiss in watchfulness, from the security they felt in the difficult access to their post, and its distance from the nearest body of Conti- THE LIFE OF LORD STIRLING. 205 nental troops. These circumstances sujjgested to Major Lee the project of surprising and carrying off the gar- rison. A detachment from Lord Stirling's division, in- cluding three hundred men specially designed for the enterprise, was ordered down the country as a foraging party; which, being usual, excited no suspicion. Lord Stirling himself followed with five hundred men, and took post at the Hackensack bridge, in readiness to af- ford the assistance that might be necessary. About three o'clock the next morning, Major Lee, with his detachment, succeeded in carrying the main work at Powles' Hook, with a trifling loss, and made upwards of one hundred and fifty prisoners. But the British commandant threw himself, with forty or fifty Hessians, into a strong redoubt, which it was thought un advisable to attack, as it might endanger the retreat of the party. The alarm had already reached New- York ; upon perceiving which. Major Lee determined not to hazard the loss of his detachment, and immedi- ately brought off his troops and prisoners. The original plan contemplated his retreat across the Hackensack, at a point below the bridge, and nearer to Powles' Hook, as being more secure than the route by which he had advanced ; but finding that the boats which had been ordered to that spot had been withdrawn, through the stupidity of the officer in charge of them, he despatched a horseman with the information to Lord Stirling. For- tunately his Lordship had previously been apprised of the probability of the disappointment, and had taken the precaution to detach Colonel Bull, with two hundred fresh troops, to meet Lee and cover his retreat. On making his report of the affair to the Commander-in- Chief, Lord Stirling received from him a letter, express- 206 THE LIFE OF LORD STIRLING. ing his thanks, and requesting them to be given to the officers and troops concerned in the expedition. He received also the thanks of Congress.* After the army had gone into v^^inter quarters at Morristovvn, in January, 1780, Lord Stirling was de- tached, at the head of about two thousand five hundred men, to attack the British force on Staten Island. He crossed with his party from Dehart's Point, on the Jer- sey shore, on the morning of the 15th, and marched towards the enemy's works in the interior of the Island. But his movements being discovered, the enemy were prepared to receive him, and their works were so well situated, and appeared so strong, that an assault was thought unadvisable. Contrary to expectation a free pas- sage was found to be open by water to New-York, and during the day the British were reinforced from the city ; whereupon Lord Stirling made good his retreat to Eliza- bethtown. There was some skirmishing however by the way, two or three men were killed on each side, and a few prisoners made by the Americans. While the detachment continued on the Island, a number of persons passed over from the main, and plun- dered the inhabitants ; but Lord Stirling ordered a strict search to be made for the plundered articles, and took measures for restoring them to their owners. During a visit to his residence at Baskenridge, he » The following are the Resolutions "J?esoZ«c(Z, that the thanks of Congress passed on the occasion, viz. : " In Con- be given to Major General Lord Stir- gress, September 24th, 1779. Resolved, ling, for the judicious measures taken by that the thanks of Congress be given to him, to forward the enterprise, and se- his Excellency General Washington for cure the retreat of the party." ordering, with so much wisdom, the late attack upon the enemy's fort and works at Paulus Hook." THE LIFE OF LORD STIRLING. 207 addressed the following letter to the Coinmaiider-in- Chief:— M. G. the Earl of Stirling to General Washington. " Baskenridge, March 24th, 1780. " Dear Sir, — 1 duly received your letter of the 22d, accompanied by an extract of a letter from Governor Livingston, with twelve copies of the " Act for recruit- ing the number of men therein mentioned," within this State. I immediately requested all the field officers in camp, belonging to the three Jersey regiments, to meet General Maxwell at his quarters, in order to fix upon twelve of the most proper officers to carry the law into execution in the different counties in this State ; which they were to finish yesterday evening. In the mean time I drew up the inclosed instructions, — twelve copies of which were made, — and sent them with the laws to Colonel Barber, who has promised me to fill up the blanks, and to see the recruiting officers sent off in the best manner, and as soon as possible : I expect they will be off to-morrow if the weather permits. " 1 hope your Excellency will find the instructions as explicit as you intended. As soon as I get from Colo- nel Barber the return of the officers' names and ranks, and the diffiirent counties they are sent to, I will for- ward it to your Excellency. « I am, &c." On the 23d of June, a British army of five thousand men, under General Knyphausen, marched by two differ- ent routes from New- York, and advanced with great rapidity towards Springfield. Colonel Dayton was des- 208 THE LIFE OP LORD STIRLING. patched against one of the columns, and Major Lee against the other ; and they both made all possible op- position to the progress of the enemy, while General Greene concentrated at Springfield the different corps under his command, which had been distributed through the country for the purpose of guarding the roads lead- ing through the passes in the mountains behind that place. Upon receiving information of the enemy's ap- proach. Lord Stirling issued orders to Colonel Ludlow to collect the militia from his neighbourhood, and march with them to reinforce General Greene. Upon their return, he received the following account of the enemy's proceedings, with a request to recall his orders to the militia. Major General Greene to M. G. the Earl of Stirling. '• Connecticut Farms, June 23d, 1780. > "5 o'clock P.M. ^ " My Lord, — Your letter was handed me by Colo- nel Ludlow. The enemy advanced this morning and forced their way into Springfield. They were warmly opposed by several corps of the army, and after burning almost every house in the town they retreated. We are now pressing their rear, but the principal part of their army has reached Elizabethtown. " I wish you to countermand your orders to the mili- tia. Their services will not be wanted at this time. " 1 am, &c." On the next day Lord Stirling accordingly issued an order to the militia to return to their homes — except such of them as were to go on a retour of duty under General Dickinson. THE LIFE OF LORD STIRLING. OQO No similar inroad was again made by the enemy, in consequence, probably, of intelligence received by Sir Henry Clinton that a formidable fleet and army from France was expected on the coast. Their arrival was not long afterwards announced ; and, in the absence of Sir Henry, with the flower of his army, on an expedi- tion against Rhode Island, an attack on New-York was arranged between General Washington and the French General, the Compte de Rochambeau. The execution of it was, however, prevented by the return of the British force from Rhode Island. In the following September this plan seems to have been revived. A Council of War was held on the subject, and the written opinions of its members requested bj' the Commander-in-Chief to be delivered to him the next day. The following was presented by Lord Stirling : — " In obedience to your Excellency's request in Coun- cil the 6th instant, I now give you my opinion on the several questions stated, viz. : " That since there is still a very high probability of the second division's arriving from France, and of our soon having a superiority of naval force in these seas, we ought to adhere to our original plan for this campaign of co-operating with our allies, and with our whole force, for the reduction of New- York ; and then pursuing such other objects as the season of the year and the climates of the seats of operation will best admit. By departing from this plan, we risk every thing ; we can then have no other objects in view but what lie at a great distance ; and we shall lose the opportunity of striking the enemy at the fountain-head, with the highest probability of success. 14 210 THE LIFE OF LORD STIRLING. " From the strength of the two armies, as stated bj jour Excellency, and the particular circumstance of ours having in it a number of levies whose times will expire on the 1st of January next, I am clearly of opinion that no part of this army can be detached to the Southern States, without putting the remainder of it in the power of the enemy, and committing the Middle and Eastern States to his mercy ; that any thing less than the whole of this army would be an inadequate relief to the Southern States ; and that the marching of it there would be by no means an advisable measure, at present. The only probable way of giving effectual relief to the Southern States, is to adhere to the plan of co-operating with our allies in the reduction of New-York, and then proceeding with such a fleet and army to Carolina as would insure success in that quarter. *' Camp Kanahkumac, September 9th, 1780." The question was still undecided, when the Alliance frigate arrived with intelligence that the second division of the French fleet was blockaded at Brest, by a British squadron. General Washington, nevertheless, adhered steadily to the plan of attacking New-York, and made the most vigorous exertions to provide means for its ex- ecution. It continued to form the subject of correspond- ence between him and the Compte de Rochambeau, and the Chevalier de Ternay, the French Admiral ; and a personal interview was eventually agreed upon between them, which took place at Hartford, on the 21st of September. At this interview an explicit and detailed arrangement for acting against New- York, as well as ulterior measures for the campaign, were the subjects of discussion. Several plans were concerted, THE LIFE OF LORD STIRLING. 211 but none of them carried into execution ; in consequence of the departure of the French fleet under the Compte de Guichen, from the West Indies, directly to Europe, instead of coming, as had been expected, to the United States. This untoward circumstance not only defeated every hope of such a reinforcement as would give the Chevalier de Ternay the command at sea, but enabled the British to increase their naval superiority. Admiral Rodney, who commanded an English fleet in the West Indies, was so well persuaded that the Compte de Gui- chen, after conveying his fleet of merchantmen beyond the reach of the cruisers among the Islands, and on the coast, would return for the purpose of co-operating against New-York, that he forthwith set sail for the American Continent, where he arrived late in Septem- ber, with eleven ships of the line and four frigates. Thus was the plan in question frustrated ; and no other objects of importance subsequently presenting them- selves, the American army went into winter quarters early in December. About the 1st of the ensuing May, another interview took place between General Washington and the Compte de Rochambeau, for digesting plans of future operations. A vigorous attack on New-York was again determined on, and the two Generals separated to direct the necessary preparations. General Washington drew the several divisions of his army from their quarters, advanced towards New- York, and encamped on the 4th of July at Dobbs's ferry, on the east bank of the Hudson, and about twelve miles above Kingsbridge, which unites the island of New- York with the main. On the 6th, he was joined by the Compte de Rochambeau with the French army. A detachment of eight hundred men, 212 THE LIFE OP LORD STIRLING. under General Lincoln, descended the Hudson in boats, landed near Harlaem, and took possession of the neigh- bouring heights ; while the Due de Lauzun was to ad- vance with his legion from East Chester on Long Island Sound, and fall upon De Lancey's corps of refugees at Morrisania, on the eastern bank of Harlaem river. But the Duke did not arrive soon enough to effect the part of the enterprise assigned to him. After some skirmish- ing between Lincoln and the enemy, the outposts of the latter were withdrawn, and Washington advanced with the main army as far as Valentine's hill, four miles from Kingsbridge, in order to support Lincoln in case it should be necessary. The troops lay upon their arras during the night, and, in consequence of the failure of the French part of the expedition, returned the next day to Dobbs's ferry. While the army lay at that place Lord Stirling received the following letter from his son-in-law Mr. Duer. Colonel William Duer to M. G. the Earl of Stirling. " Rhynbeck, July 22nd, 17SL " My Dear Lord, — We learn with much regret that Mr. Couenhoven, our neighbour, is taken prisoner on board a boat laden with bread for the French army. His wife is extremely afflicted at the circumstance, and wishes to know whether he was certainly made a pri- soner, whether he was wounded by the enemy, and how he was treated. It will be an act of humanity, to desire the Deputy Commissary of prisoners to inquire minute- ly into the circumstances ; and I am sensible that when I request you to interest yourself in this inquiry, I THE LIFE OF LORD STIRLING. 213 propose what is most agreeable to jour own wishes and character. " I am, &c." Both Lord Stirling and his correspondent, as well as the person at whose instance the letter was written, had the satisfaction of learning that the prisoner was not only in safety, but, in consequence of their interference, would be speedily released. A plan for a general attack upon the enemy in New- York was once more formed ; but while the preliminary operations were in progress, a French frigate arrived at Newport, with a letter from the Compte de Grasse to General Washington, dated at St. Domingo, stating that he should shortly sail with his whole fleet and an army of three thousand two hundred men, for the Chesapeake. It was therefore resolved at once to abandon the project of besieging New-York, and proceed to Virginia with the whole of the French army, and such of the American troops as could be spared from the defence of the posts on Hudson's River. CHAPTER IX, 1781. Lord Stirling was now ordered to repair to Albany to take command of the troops in the Northern depart- ment, where apprehensions were entertained of another invasion from Canada. On reaching the ferry at Green- bush, opposite to Albany, he received the following in- teresting and somewhat characteristic letter from Gene- ral John Stark, who had distinguished himself for his bravery and good conduct upon the advance of Burgoyne, and was now in command of the post at Saratoga. Brigadier General Stark to M. G. the Earl of Stirling. " Saratoga, October 21st, 1781. " My Lord, — I was last night informed that your Lordship was on the way to take command of the North- ern department, and am very happy that an officer of your influence and military experience has been appoint- ed to this critical and important command. I have no doubt that in case the enemy should make a descent, that with the assistance of your good dispositions, the valour of the troops, and the militia that can be called into the field at the shortest notice, will enable you to render a satisfactory account of any party that can be sent from Canada. But at present, I rather hope than really expect that they will come this campaign. THE LIFE OF LORD STIRLING. 215 " The militia from Berkshire I have dismissed, re- serving only three hundred of their best men, proj)erly officered, for a few days, until I have further intelHgence from the enemy. But the generous contest among those brave men for the privilege of tarrying, was not less worthy of remark, than their readiness in turning out to repel the enemy. In the room of being drafted to tarry, as was expected, the officers were under the necessity of drafting those who went home, — a conduct so singular and remarkable among militia, that it ought to be handed down to the latest posterity, as a mark of their magnan- imous zeal for the service and defence of their country. " I am, &c." Upon reading this letter, Lord Stirling immediately issued orders to Colonel Tupper, who commanded the Continental troops in and about Albany, to put his troops under orders to march at a moment's warning, with as little baggage as possible, that they might be prepared to act as circumstances might require, but to delay their march until he should see him in the morning. On his arrival at Albany the next day, he received, by express, further and more particular intelligence of the enemy, and gave orders to Brigadier Generals Van Rensselaer and Gansevoort, to call out the militia of the neighbourhood, under their respective commands. The next day he answered the letter of General Stark, by express, and informed him of the measures he had taken in consequence of the information he had re- ceived from him. 216 THE LIFE OF LORD STIRLING. M. G. the Earl of Stirling to Brigadier General Stark. " Head-quarters, Albany, October 24th, 1781. " Dear Sir, — Your letter of the 21st instant was received yesterday. Your friendly observations upon my abilities rather paint me the person I wish to be, than the one I sincerely think I am. Be that as it may, man- kind are led, however unjustly, to judge of the conduct of officers, not so much by their abilities, as by their success. The events of this campaign are as yet beyond the reach of human foresight ; yet, when I consider the known valour of the troops, and the ready assistance which the militia will afford, together with the proved courage and firmness of the General who is second in command, 1 can venture to say with pleasure, and with some degree of certainty, that should the enemy advance, the success of the American arms will equal our most sanguine wishes. " Colonel Tupper marches this morning with the New Hampshire brigade, by the directest road to Sara- toga, to receive your orders. A quantity of provisions will also move on this morning — about fifty wagon loads — which I hope will be such a supply as to put you be- yond the fear of want for the present. I have written to Generals Rensselaer and Gansevoort to put their brigades of militia in perfect readiness to march at the shortest notice ; which, considering their situation, will answer the same purpose as their marching, unless the enemy should make a more sudden and rapid movement than they probably will. If the party be small, your troops, with those at Castletown, will be sufficient. If large, their movements must be slower in proportion, and will give time to call out the militia. THE LIFE OF LORD STIRLING. 217 " Nothing is of more importance in military affairs than good intelligence. So much will depend upon it in defending these frontiers, and checking the progress of the enemy, that I must desire you will constantly keep out small parties of the most trusty commissioned officers and men, in such parts of the country, and in such directions, as will give the earliest intelligence of the force of the enemy, with their least movement ; and I need only suggest to you the importance of communi- cating it to me as soon as possible. " I must request you to make a return of the troops at Saratoga, Castletown, and elsewhere under your com- mand, designating the terms of service of each regiment exclusive of the regular troops ; and, that proper ar- rangements may be made, it is necessary that this should be done as soon as it can be eifected with any degree of precision. " I am, &c." The return of the express brought the following : Brigadier General Stark to M. G. the Earl of Stirling. " Saratoga, October 25th, 1781. " My Lord, — Your letter of yesterday came this day to hand by express. Colonel Tupper's detachment I expect will join me this evening ; some of his officers have already arrived, and the year is now so far advanced that the enemy must make their stroke soon ; otherwise the inclement season now advancing will infallibly pre- vent their putting any thing of consequence into execu- tion this campaign. " Unless Generals Rensselaer's and Gansevoort's men are now on their march, I shall have little hope of 218 THE LIFE OP LORD STIRLING. receiving any considerable advantage from their assist- ance ; and the detachment at Castletown affords less hope, from the remoteness of their situation. And fur- ther, they are by no means to be considered under my command, except two hundred from the State of New Hampshire ; the remainder (which make eight hundred) are raised, paid, and subsisted by the State of Vermont, and are subject to the orders of their Governor, indepen- dent of any other authority.* " I shall direct my deputy Adjutant General to make out a return of the troops on this ground, which shall be sent immediately, and will write to Castletown for a return of the troops there, but I cannot assure your Lordship that they will be complaisant enough to send it. " My last intelligence from the north was from Gen- eral Enos, the Vermont commander on the frontiers, of which the following is an extract : — ' By a scout from Ti,t I am informed that several tents were standing at old Ti. He also heard the beating of the long roll to the south of the Mount (Independence), supposed to be at the old Scotchman's ; but in the situation in which he was, it might be heard from the mills ; and since we make no further discovery, it is my opinion the enemy have proceeded to Lake George.' " This is all the intelligence I have received since their arrival at Ticonderoga. My scouts are continually traversing the roads that lead to this post, so that it will be very difficult for any enemy to arrive without my knowledge. " I am, &c." * Vermont, it will be recollected, had Federal Constitution, that she was ad- not as yet been recognised as an inde- mitted into the Union, pendent state ; nor was it until some t Ticonderoga. years after the adoption of the present THE LIFE OF LORD STIRLING. 219 The same day Lord Stirling received information that a body of the enemy were within eight miles of Schenectady. He therefore ordered Colonel Tupper to march with his brigade — then on its route to Saratoga — as rapidly as possible to that city. Upon which he received the following. Brigadier General Stark to M. G. the Earl of Stirling. " 9 o'clock, 25th October. " My Lord, — 1 am just favoured with a sight of your letter of this date to Colonel Tupper, directing his march to Schenectady, to oppose the enemy, supposed to be committing depredations in that neighbourhood. Con- sidering the circumstances of the extreme long march they have made this day, and the great improbability that this party is either so large as represented, or de- signed for any other purpose than drawing our attention that way, while the party which I suppose to be at Lake George can make their capital stroke in this quarter. — These are my apprehensions, and I believe them ground- ed on the greatest probability. " In my present situation, I have not more than one thousand men fit for action, including those that arrived here this day. Three hundred of the Berkshire militia went off to-day, notwithstanding my most earnest en- treaties to the contrary ; and after this, when I am in hourly expectation of the enemy's making his appear- ance to the amount of fifteen hundred at least, to divide this force would be imprudent to the last degree. The party that I imagine to be creating this disturbance is one of about thirty or forty men who crossed the Sacondaga four or five days ago ; and they are very probably joined by some of the tories of the country where they are 220 THE LIFE OP LORD STIRLING. doing the mischief. Their tracks were discovered by one of my scouts, between Monroe's and Sir John's [Johnson's] roads, and supposed to be a party designed to gain intelligence. However, my Lord, if these ar- guments do not seem just and reasonable, let me know your orders, and they shall be implicitly obeyed. '' I am, &c." Before receiving this letter, Lord Stirling had coun- termanded his former orders, having in the interval ascer- tained that, after burning the settlement at Warren's bush, the party in question had retired by the way of Scho- harie on the south side of the Mohawk. He thereupon apprised General Stark by express that he had ordered Colonel Tupper to rejoin him as soon as possible. In consequence however of information received the next morning, the following was despatched to Saratoga. M. G. the Earl of Stirling to Brigadier General Stark. "Albany, October 26th, 1781, 9 o'clock A. M, " Dear Sir, — Since writing to you by express last evening, 1 have received such intelligence as induces me to think it probable the enemy will attempt to retreat by the way of Sacondaga. I wish you to look critically to that quarter, and intercept them if possible. Colonel Willet's* force 1 fear is not equal to that of the enemy, neither of which have I yet been able to ascertain, which obliges me to request you to send him a reinforcement, if you think it can be done without weakening your * Lieut. Colonel Marinus Willet, of nental service, who had been detached to the New-York troops in the Conti- the Westward. THE LIFE OF LORD STIRLING. 221 Strength at Saratoga too much. By the last accounts he is at or near Johnstown. " I am, &c." Two days after the date of the above, General Stark transmitted to Lord Stirling, the following letter from the officer commanding the Vermont militia on the Northern frontier. Brigadier General Enos to Brigadier General Stark. '' Head-quarters, October 26th, 1781. " Dear Sir, — This instant yours of yesterday came to hand. Since my last intelligence to you, I have had the return of three scouts who left the Mount on Mon- day, Tuesday and Wednesday. There were three armed vessels, also a number of batteaux lying on Ticonderoga side. The enemy were encamped on old Ti. Lieu- tenant Johnson, who watched their motions for a whole day, supposed their number must consist of one thou- sand men. * *' I am, &c." "N. B. Whilst I am writing as above, Major Arm- strong, commandant at Pittsford, informs me that a scout of his returned from Crown Point on Wednesday. Seven of the enemy's ships were then lying at or near the point." Brigadier General Stark to M. G. the Earl of Stirling. "Saratoga, October 27th, 1781. " My Lord, — Your letter of the 26th came to hand last night ; but, as it was left to my discretion to send the reinforcement to Johnstown, or to watch the motions of the enemy in that quarter, I prefer the latter, as in- 22'2 THE LIFE OF LORD STIRLING. finitely the most likely to succeed. For should I send a reinforcement to Johnstown, it would be at least three days before they would arrive there, and before that time the enemy will be gone. If 1 watch Monroe's and Sir John's roads, there is some probability 1 may inter- cept them at Jessup's patent ; although I must own to your Lordship, that the probability is not very great, by reason of the great distance they are from this place. " I have nothing from the enemy since my last ; but expect an express from Skenesborough every moment. Last niffht a boat was stolen from this side of the river and taken across by one or two men. They were fired upon, but would not return. I am apprehensive they were spies that had been in our camp, and took that method to make their escape. " I am, &c." The express mentioned above brought the following important information, from » Colonel Walbridge to Brigadier General Stark. " Head-quarters, Skenestorough, October 27th, 1781. " Sir, — This instant a deserter from the enemy arrived at this post who left Mount Independence last evening, at eleven o'clock. By him I am informed that General St. Leger arrived at Ti on Monday last, with four gun-boats, two ammunition-boats, and thirty bat- teaux, with a number of shipping, and two thousand men. Ten batteaux and one whale-boat have been taken over to Lake George. The number of men with them, and their destination, is unknown to him, he being a sailor on board the gun-boats, which lay in the bay this side the Mount. THE LIFE OF LORD STIRLING. OO3 " The above is the substance of the intelligence he gives. Ho appears to be very intelligent, and his inten- tions good. "I am, &c." M. G. the Earl of Stirling to Brigadier General Stark. " Head-quarters, Albany, October 28th, 178 L " Dear Sir, — Yours of the 27th came to hand last evening. I am very unhappy that your parties have not, any of them, as yet been able to know the force and situation of the enemy. Want of such intelligence renders it exceedingly difficult to give the necessary or- ders to the militia. However, upon your assurances that the enemy are in force upon Lake George, and ad- vancing, I have written to the several officers command- ing brigades of militia, to march with what men they can call out, to your assistance. Very soon, I presume, it will be ascertained whether they come on or not, at this season ; after which, the militia can come home with safety. General Rensselaer will join you this day, or to-morrow ; he is on his way with part of his brigade. " The party to the westward, you perceive, was larger than you imagined. The latest intelligence from that quarter, you have enclosed. We have accounts — which, by the way, are not official — that Lord Corn- wallis surrendered with his whole army, on the 17th. "I am, &c." Brigadier General Stark to M. G. the Earl of Stirling. "Head-quarters, Saratoga, October 28th, 178L "My Lord, — Captain Crary returned from Lake George this instant, and informs me that one of the 224 THE LIFE OF LORD STIRLING. enemy's gun-boats came so nigh the shore that she threw several shot over his head ; and that he perceived a very large smoke at the Narrows, supposed to be an encampment. " I enclose two copies of letters from General Enos, whereby you will perceive the enemy's motions at Ti. What their design is, I am unable to determine ; per- haps against this place ; if so, I shall endeavour to give them a reception they will not like. " I am, &c." On receiving this intelligence Lord Stirling repaired in person to Saratoga ; and on his arrival despatched orders to General Gansevoort, to put in immediate motion such of his brigade as had not yet marched, and bring them up to that post as soon as possible, furnished with five or six days' provisions. But these orders were afterwards countermanded at the request of the Corpo- ration of Albany, in consequence of the alarm prevailing among the inhabitants of that city, from the approach of the British army. General Gansevoort was nevertheless directed to hold himself in readiness to act as occasion might require, either as a detachment for the immediate defence of Albany, or in conjunction with the main body of Lord Stirling's force. The incursion of the enemy mentioned in the pre- ceding correspondence, was the renewal of a similar plan of invasion to that which resulted in the surrender of Burgoyne ; and had the attempt been persevered in, it would probably have terminated in the same manner : for although the army of Lord Stirling was inferior in num- bers, and in its proportion of regular troops, to that of General Gates, yet the militia had turned out with THE LIFE OF LORD STIRLING. 225 greater alacrity and confidence, in consequence of tlieir former success. They had besides a predilection in favour of Lord Stirling, which did not exist with regard either to General Schuyler or General Gates ; — not that they had greater confidence in his abilities as a com- mander, but his soldierly frankness, and even the dignity of his manners, combined as they were with a disposi- tion and habits calculated at once to conciliate and in- spire confidence, without encouraging familiarity, or impairing his authority, — qualities which, together with the firmness and consistency of his conduct, his constant attention to the wants and comforts of his troops, and the ready ear he lent to their reasonable complaints, gained their affections ; whilst his foresight, vigilance, and energy, the promptness and efficacy of his mea- sures, commanded their respect. The support too which he gave to Stark, and VVillet, the discrimination he had shown in their selection, and in the choice of other in- ferior officers for special service, not only attached those individuals to him personally, but secured to him the approbation and esteem of the whole army. It was, therefore, with equal confidence in their General and themselves, and with hopes and resolutions strengthened by the omen of the place, that the troops at Saratoga prepared to meet the enemy on the same field, where the American arms had already achieved so signal a triumph. It was the intention of Lord Stirling to concentrate his forces, and make his stand on the west bank of the Hudson, near the present bridge at Fort Miller, there to await the attack of the enemy, and dispute tiie passage of the river. He issued, accordingly, the following 15 226 THE LIFE OP LORD STIRLING. Order of Battle, accompanied by the annexed explana- tory programme. *' Order of battle for the army at Saratoga, under the command of Major General Lord Stirling ; — Novem- ber 1st, 1781. " The New Hampshire brigade, consisting of Scam- mel's, Read's, and Tapper's regiments, to form on the left, in the order they are named, under the command of Colonel Tupper. Weissenfeldt's, Sears's, and McKin- stry's regiments to form a brigade, under the command of Colonel Weissenfeldt, on the right of Colonel Tupper. The whole of this first line to be under the command of Brigadier General Stark. " On the left of this line, at about one hundred yards distant, one hundred and twenty-five picked marksmen, from General Rensselaer's brigade, in five bodies, each commanded by a Captain, to spread at the. distance of sixty yards from each other. These are to commence firing on the enemy's right flank as soon as they can get within a good distance to make their fire effectual ; and are to observe a deliberate and well aimed fire, and are never to give it but when they are sure of their mark. They are to be under the com- mand of Colonel Henry J. Van Rensselaer. In like manner the right wing is to be covered by two similar parties from General Gansevoort's brigade. <' The second line is to be composed of the remain- der of General Rensselaer's brigade in two bodies, under the command of Colonel Van Alstine, and Colonel Waterman, for the left wing ; and the remainder of General Gansevoort's brigade will compose the right wing of the second line. THE LIFE OF LORD STIRLING. 229 " General Rensselaer will command on the left, and will superintend the flank of the first line. In like man- ner, General Gansevoort will command on the right. '* On all movements to the northward, the army is to march by the left ; and southward bj the right. "Our friends on the east side of Hudson's river will watch the enemy, and embarrass them as much as possible on the flanks and rear." The next day Lord Stirling had the pleasure of an- nouncing to his troops the glorious termination of the campaign in the Southern States, in the surrender of the British army to the combined American and French forces under General Washington. This decisive event, in addition to the severity of the season, deterred the enemy from prosecuting their designs in the North, and deter- mined Lord Stirling to prepare to act on the offensive. Being, however, subsequently convinced that General St. Leger would attempt nothing farther during the remainder of the year, he dismissed the militia, and returned himself to Albany, whence he immediately renewed his correspondence with General Stark, whom he left with the regular troops at Saratoga. M. G. the Earl of Stirling to Brigadier General Stark. "Head-quarters, Albany, November 6th, 1781. " Sir, — Since my leaving Saratoga, I have received a letter from Colonel Willet giving a particular account of the action near Johnstown, and of his pursuit after- wards. They were very precipitate in their retreat, leaving behind them their packs, blankets, &c., which were found strewed through the woods. He pursued them 230 THE LIFE OF LORD STIRLING. eight miles bejond Canada creek. Before his arrival at that place, he fell in with about forty, who were left in the rear to procure provisions. He instantly dis- persed them. At the creek, he came up with the rear, when an action commenced, in which Major Walter Butler fell, with a number of others. Finding his own provisions very short, and the probability of coming up with the main body not very great, he wisely gave over the pursuit, leaving them in a situation promising little short of certain death from cold and hunger, — an end more befitting such a band of murderers and plunderers, than the bayonet and ball. As they must have been, at his quitting them, more than eight days' march from any place where they could procure provisions, the pur- pose of an entire defeat must be very well answered. " I am &c." Brigadier General Stark to M. G. the Earl of Stirling » " Saratoga, November 7th, 1781. "My Lord, — I am just honoured with your letter of yesterday, and am very happy to hear of the success of Colonel Willet. The death of Major Butler will doubtless be pleasing news to the frontiers — especially to those who have felt the sad effects of his murders and ravages. " Captain Senter, who was out on a scout to the northward, has just returned. He has been within about twelve miles of Ticonderoga. He discovered nothing on Lake George ; but saw four boats, on the 6th instant, opposite to Putnam's Point on Lake Chara- plain, moving to the northward. He discovered my smoke, or signs of men at Ti, or Mount Defiance.. Captain Emerson, who went to the northward, returned THE LIFE OF LORD STIRLING. 23 i without making any discovery ; and after summing up their two accounts, I think we may pursue our block- houses without interruption, or without any great appre- hension of a visit until they are finished. I engaged with Colonel Sears's regiment, that upon their bringing timber for one of them, they should have a discharge. They finished their work this afternoon, and to-morrow are to go off. I have heard nothing from Captain Carr since he went away. " I would ask, my Lord, that some German steel, suitable for axes, might be sent, as many of our axes fail ; and if we had steel, our own smiths might repair them. 1 would beg leave to suggest whether it would not be very proper to have a piece of iron cannon, in each of our block-houses. Two suitable pieces are now at Schenectada. If you agree with me in opinion, I wish they may be sent to me. " I am, &:c." M. G. the Earl of Stirling to Brigadier General Stark. " Albany, November 9th, 1781. " Dear Sir, — Your letter of the 7th, came to hand yesterday evening. I think, by the accounts of Captains Senter and Emerson, it is reduced to a certainty that the enemy to the northward are retired into Canada. Yet I would wish to hear from Captain Carr soon ; for if the enemy do not accept my proposal, I would send the prisoners of war now here, down the river before the winter sets in, and let them take New-York in their way to Canada. Their number is increased to fifty odd. " I have ordered some very good German steel to be sent to you, and will inquire into the state of the 232 THE LIFE OF LORD STIRLING. iron cannon, and send you two of the best of them ; I send you enclosed an account of Colonel Willet's loss in his late encounters with the enemy. I do not doubt theirs will be the destmction of their whole party. " I am, &c." M. G. the Earl of Stirlirig to Lieutenant Colonel Marinus Willet. " Albany, November 9th, 178L " Dear Sir, — I have received yours of the 4th, en- closing the return of loss you sustained in your encoun- ters with the enemy, and a copy of the orders you issued on the 2nd. I have expressed my sentiments to you on that subject in a letter of the 5th, and am very sorry that any part of the troops under your command deserve the implied censure you give the right wing ; yet 1 can- not but approve the discrimination you make in your thanks to those who behaved more worthily. " Since writing the above, I am favoured with yours of the 7th, enclosing the paper therein mentioned, of which proper notice will be taken. Pray let Lieuten- ant Ryckman be well secured, and sent to me as soon as the Indians can spare him. " 1 am, &c." The following letter to the officer in command at West Point, is another proof of the enterprising spirit of the writer, ever on the alert for opportunities of activity and usefulness. THE LIFE OF LORD STIRLING. 233 M. G. the Earl of Stirling to Major General Heath. (secret.) " Albany, November 10th, 1781. " Dear Sir, — The circumstances of Major Ross's situation, who commanded a party of the enemy, amounting to six hundred and seven, rank and file,* the loss of one-half of the recruits that went from New- York to Quebec in August last, together with St. Leger's probable situation at present, will greatly re- duce the enemy's force in Canada, and, I think, present a fair opportunity of carrying on a winter's expedition into that country — at least so far as to reduce St. Johns, Chambly, and Montreal, and be ready to proceed to Quebec, early in the spring. " The necessary preparations for such an expedition would be but few, and those not expensive. The chief article would be about five or six hundred strong three- barred wood sleds, the cost of which cannot amount to above thirty shillings each. These might be built partly at Fishkill, and partly at this place, and might be used either for this expedition, or for one to New-York, or both. Indeed, I believe it is the only way to take New- York, without shipping, as the latter are generally ren- dered useless by the 1st of January,— about which time there is generally favourable weather to go in with sledges over the ice, and out of the reach of the enemy's cannon. It will still be time enough to prosecute the other, as the ice in some parts of Lake Champlain is seldom strong till the first of February. If any part of this plan should be adopted, there will be no time to lose in the preparations. * The party pursued by Willet. 234 THE LIFE OP LORD STIRLING. " The propriety of the latter expedition cannot, I think, be doubted. The peace and happiness of almost all of the United Stales, are deeply concerned in it. While the British are in possession of Canada, with free access to the Lakes, they can enter the rear of any of the States, from New Hampshire to Carolina, whenever they please. We shall be always at their mercy. Trea- ties of peace will never secure us. Their command of the trade with the Indians will enable them to distress our frontiers, break up our back settlements whenever they think proper, and lay the blame on the Indians, It will be a constant check to the growth of the States. If we cannot get possession of all Canada, we ought to strive for Montreal with the river St. Lawrence, at least as low as the mouth of the river Sorel. This, and nothing less, will effectually exclude them from Lake Champlain, as well as the great western lakes, which are the avenues to the rear of all the future western States. " This boundary to the possessions of the British, would divide the Indian trade pretty equally among all the States. That of New England, New-York, and New Jersey, through Lakes Champlain and Ontario ; that of Pennsylvania and the more southern and western States, through Lake Erie and the rivers Ohio and Mis- sissippi. It will, in short, divide the fur trade with all the maritime powers of Europe, which would otherwise be engrossed by Great Britain. " If a general peace should be treated of this winter, it will not be concluded until the spring ; and most prob- ably, it will be on terms of possession at the date of the treaty. This is a sufficient inducement to push as far as we can this winter. " I am, &c." THE LIFE OP LORD STIRLING. 235 No answer to this letter appears from General Heath, nor any other evidence of his disposition or ability to co- operate in the proposed plan. The wisdom and foresight by which it was suggested were, however, soon appa- rent ; and so long as the British retained possession of the chain of posts on our northern and western frontiers, — which they continued to hold until their surrender under the treaty of 1794, — so long were our settlements on those frontiers literally " at their mercy." Until then, they were enabled to engross the whole Indian trade, as, by the possession of Canada, they still monopolize the most valuable portions of it even within our own terri- tory, M. G. the Earl of Stirling to Lieut. Colonel Willet, "Head-quarters, Albany, November 12th, 1781. " Sir, — It is with pleasure 1 forward you the enclosed copy of General Orders. I am happy that my opinion of your conduct is supported by that of my superior offi- cer. The representation given him of your proceedings was as full and explicit as possible, which the General informs me he has transmitted to Congress. " I am, &c." M. G. the Earl of Stirling to Brigadier General Stark. "Head-quarters, Albany, November 12th, 1781. " Sir, — 1 have within this hour received a pacquet from Colonel St. Leger, in answer to the letter I wrote to him by Captain Carr. It must have come through you^ It surprises me not a little that it was not accompanied by a line from you enclosing Captain Carr's report as to where he received the letter from Colonel St. JLeger,. with other circumstances which I think he must havQ 236 THE LIFE OF LORD STIRLING. thought it his duty to inform me of. I desire, sir, you will direct Captain Carr to come to me immediately. I must also desire you, sir, to transmit to me copies of all intelligence you have received since I left you. " I am &c." Brigadier General Stark to M. G. the Earl of Stirling. "Head-quarters, Saratoga, November 13th, 178L "My Lord, — Your letter of yesterday, is just now delivered to me. 1 shall order Captain Carr to attend you as soon as possible. He found the enemy encamp- ed at Chimney Point. On coming in sight of them, he was met by Lieutenant Hamilton of the 34th, aid to St. Leger, and ordered into a creek this side of Crown Point. A subaltern and twenty men were placed as a guard over him ; and at day-break the next morning after his arrival, he was dismissed. He saw no officer, except Lieutenant Hamilton, and the officer of the guard, nor could he make any satisfactory discovery of their numbers ; but by some indirect hints of the officer, he suggests that a south wind would be very agreeable. They informed him that the cause of their coming was to draw the force of the country this way, and by that means save Cornwallis. You may place as much confidence in this report as it deserves ; for my part, I think it a slender veil to cover their real design. Cap- tain Carr can possibly give you a more satisfactory ac- count of the matter than my paper will admit me to do. " I am, &c." The following letter to the Commander-in-Chief, contains a summary of the operations detailed in the preceding correspondence, and fills up the chasms which i)ccur in it. THE LIFE OF LORD STIRLING. 237 M. G. the Earl of Stirling to General Washington. "Rhynbeck,* November 26tli, 1781. " Dear Sir, — 1 most heartily congratulate your Ex- cellency on the glorious victory you have obtained over the British arms on the 1 9th of October, at York and Gloucester in Virginia, an event, important in the affairs of Europe, as well as of America. It will weigh heavy in the scale of negotiation, and 1 hope, secure peace to the latter, on the principles of independency and honour, with permanent advantages to our generous and illus- trious allies. I should have had the honour of express- ing to your Excellency the joy I feel on this occasion, much sooner, had 1 not been engaged on the northern frontier, — whence I am just returned. "After repeated intelligence had been received that the enemy were on their way from Canada, in order to invade the frontiers of this State, I had the honour, on the 15th of October, to take command of the forces in this quarter. On my arrival at Albany, I found the in- telligence of the enemy's having landed on the south side of Lake George — on which the militia had been called out — was premature. I therefore dismissed the militia, with thanks for their alertness in turning out so universally. The enemy, however, was on Lake Cham- plain, on Bull's Bay, beyond Crown Point. From this position, I was suspicious that they meant to send a light party by Jessup's patent down the north branch of the Hudson to Sacondaga, and then to fall on the Mohawk river by Johnstown, or to surprise Schenectada. The passes on this route were immediately guarded, and * The residence of his son-in-law, Mr. Duer, in Duchess County, N. Y. 238 THE LIFE OF LORD STIRLING. Colonel Willet desired to look well to the westward, as 1 had intelligence that six hundred of the enemy had pro- ceeded from Montreal, by the St. Lawrence, towards Lake Ontario. " The 22nd, at night, I received information that the enemy had advanced to Crown Point. The next day, the New Hampshire brigade moved towards Saratoga. On the 24th, I was informed that the enemy had ar- rived at Ticonderoga, and were moving their boats over the carrying place, into Lake George. The militia were directed to hold themselves in readiness to march on the shortest notice. On the 25th, at noon, I received intelligence that a large body of the enemy were within eight miles of Schenectada, burning and destroying the country. I immediately ordered the militia nearest at hand to move that way under General Gansevoort, and sentofF sixty volunteers mounted on horseback, and about thirty continentals of different corps, and despatched an aid to Colonel Tupper, then on the road to Saratoga, with orders to move towards Schenectada, by the north bank of the Mohawk. On the morning of the ^6th, intelligence was brought that Colonel Willet had met with the enemy, engaged them, and was defeated and surrounded at Johnstown. I ordered more militia to the westward, and directed Colonel Tupper to move towards Johnstown, intending myself to proceed to the vicinity of that place. I received various accounts of Willet, during the day, and learnt from General Stark that the enemy were certainly advancing by Lake George, and that he expected to be attacked in twenty-four hours. He called for the militia to fly to his assistance ; the whole of them not em})loyed to the westward were then ordered to move towards Saratoga as briskly as possible. THE LIFE OP LORD STIRLING. 239 " On the 27th, in the morning, I received advice that Colonel Willet had indeed fought the enemy, but with advantage, — had taken forty prisoners, and had gone on in pursuit. This appears to have been a party of six hundred and seven rank and file, partly from Niagara, and partly from Buck's Island, that rendezvoused at Oswego, about the 8th of October, under the com- mand of Major Ross, and thence proceeded to the S. E. point of Lake Oneida, where they left their boats, and went on by the head branches of the Susquehanna, through Cherry Valley ; crossed the Schoharie, fell upon Warren's bush, burnt about twenty houses and barns, then crossed the Mohawk, near Fort Hunter, and pro- ceeded to Johnstown, where, about half an hour after their arrival they were attacked by Willet with about five hundred men, who, after a variety of fortune, beat the enemy off the ground. They retired in the dark some miles. Willet followed them in the morning, and kept up the pursuit several days, during which he had several skirmishes with them with some advantage. He left them about twenty miles north of the Oneida Lake, in a miserable situation without provisions, and an eight days' march before them. It became prudent for Willet to proceed no further. He has done, I believe, every thing a man could do in his situation ; and has great merit. Upon the whole, Mr. Ross has made a bad ex- pedition of it, — his loss being at least one hundred and fifty, in prisoners, killed, and deserters, besides the wounded, whom they contrived to carry off. Among their killed was their partisan Walter Butler, and a Brit- ish Captain of the 28th. " The intelligence from the northward convinced me that the enemy was not so near at hand as was ap- 240 THE LIFE OP LORD STIRLING. prehended ; jet I kept moving the militia upwards, ordering part to halt at Stillwater, and determined to go up to Saratoga, to reduce the position and strength of the enemy to some certainty. Accordingly, on the 30th I rode up to Saratoga, in company with General Schuyler; and soon after our arrival there, ordered out four scout- ing parties to different parts of Lake George. A Cap- tain Gray had that day reported to General Stark that the enemy's gunboats had approached so near the south shore of the Lake as to throw shot over his head. Other intelligence had been received from General Enos at Castletown, and Colonel Walbridge at Skenesborough, that about five hundred of the enemy were employed in covering some of the old works at Ticonderoga, and drawing up heavy cannon to the works, — the rest pro- ceeding by Lake George. " On the 31st I reconnoitred the grounds, in order to erect some works to cover the troops that may be posted here for the winter. At noon intelligence came from General Enos that the enemy were all on Lake George, advancing under the command of General St. Leger — their strength three thousand. I thereupon ordered General Enos to move to Fort Anne, and the militia on the east side of the Hudson, with those of the lower part of Vermont, to assemble at Battenkill. I also wrote to General Gansevoort to bring up the militia not yet come forward. I then formed the orders of bat- tle and march, intending to meet the enemy in the act of crossing the Hudson, should they attempt it. " On the 1st of November, we received the glorious news of the surrender of the army under the com- mand of Earl Cornwallis to your Excellency, which was announced at noon by thirteen cannon, adding one in THE LIFE OF LORD STIRLING. 241 compliment to our friends in Vermont, who were co- operating with us against the common enemy. On the 2nd, I ordered two commissioned officers, with small scouting parties, to reconnoitre Lake George, and go as far as they could with safety, and until they could dis- cover the situation of the enemy. I thought it necessary at this time to send Captain Carr with a flag to Colonel St. Leger. My letter to him with his answer are en- closed. In the evening. Captain Wright, another of my scouts, reported that he had been down the Lake below the Narrows, and could discover no signs of tiie enemy. This was confirmed by another scout, which arrived soon after. I therefore ordered the Generals and officers commanding brigades, to meet nu\ at eleven o'clock the next day, when, finding tlie Council u/Jaui- mously of opinion with me, that the enemy had retired, and considering that, from the severity of tlx^ season, and the height of the waters from the late heavy rains, it would be impossible for them suddep/y to return, 1 ordered the militia to be dismissed with my thanks. " On the 4th I returned to Albanv^ ; and during my stay there I received full and satisfactory evidence that the enemy had retired in good ear/iest. The last account placed them at Chimney Point, opposite to Crown Point, on the 8th instant, where t-'iey had been several days waiting for a favourable wind, and where, I think it not improbable, they are sti.'t ; for the winds have been ad- verse, and the weather severely cold ; the tops of the mountains now in view are white with snow, and the air piercingly cold. They must feel it more severely where they are. " The letters I have written from time to time, to General Heath, I doubt not have been communicated to 16 242 THE LIFE OF LORD STIRLING. your Excellency, but I think it my duty to give you this detail, that you may have a more distinct idea of affairs in the quarter where I had the honour to command. I shall proceed to-morrow in order to join General Heath. "1 am, &c."* * The Tories in Wittemberg, a Ger- man settlement near Rhynbecli, were apprised of this visit of Lord Stirling's, by their friends on the Mohawk, and a plan was concerted between them for his capture, which was defeated by the fidelity of a female servant in the family of Colonel Duer, whose parents lived in Wittemberg. She had spent the day 'i' home, and on her return in the evtning, communicated to her mistress a conrersation she had overheard in re- lation to the plot ; whereupon such measures were taken as prevented its execution. The dragoons, who had accompanied Lord S. from Albany, as a guard, were brought into the house, and loop-holes were made in the walls ; the windows and doors were barricado- ed, the male inmates were armed and stationed, and when at night the enemy made their appearance, they were re- ceived with a volley, which dispersed them. CHAPTER X. 17S1-1783. The remainder of the autumn, and the (;arlier part of the ensuing winter, were spent by Lord Stirling in New Jersey; wliere he held the military comn)and, al- though residing at his place at Baskenridgc. During this interval, he received a letter, of which the following is the translation, from a member of that branch of his family, which, at the expulsion of James the Second from the British throne, had followed the royal exile into France, and become naturalized in that country. The Count Alexandre (PHanache to the Earl of Stirling, " Chateau de Pauleen, November 30fli, 1781. " Mr Lord, — I embrace with great pleasure the opportunity afforded by the departure of my brother-in- law, Count De la Croix, Captain of the Cleopatra frig- ate, to inquire after you, and to congratulate you on the taking of York and Gloucester, w^ith the garrison of six thousand men under Lord Cornwallis. This great ad- vantage, my Lord, together with that gained by Count De Grasse over Admiral Graves, is the harbinger of peace ; — the more certainly so, as England has been equally unfortunate both in Europe and the East Indies. •244 THE LIFE OF LORD STIRLING. I think that nation must at length be forced to sue for peace, on such conditions as the belligerent powers op- posed to her may dictate. The independence of Amer- ica will doubtless be the first clause of the treaty, and the wisdom of your government will soon restore that abundance and prosperity which must necessarily have disappeared under the calamities of war. " It is with great pleasure, my Lord, that I learn any thing which contributes to your happiness, and I shall be extremely anxious to keep up a correspondence which has been interrupted by the events of war. I am igno- rant, my Lord, whether you received the letter in which I announced to you the death of my father, Command- ant at Gonaives, in St. Domingo. I delivered myself, to Dr. Franklin, some years since, a letter for you, which he promised me to forward with his despatches, — probably it never reached you. " I married, about two years since, a young widow of this province (Mauze), whom 1 hope to present to you in a few years, as I intend to take New England in my way to my plantation in St. Domingo. The strong desire I have, my Lord, to make your acquaintance, will induce me to take this route, though somewhat the longest. "The Chevalier L'Etanduerre, my brother-in-law. Lieutenant of the armed vessel the Hercules, of Count De Grasse's squadron, writes me from the Chesapeake, under the date of the 22nd of October, informing me of the success of the French troops, joined to those of America. He would assuredly have been the bearer of a letter to you, my Lord, had I known his destination when he left France. But as his profession will un- doubtedly bring him again to New England, I have THE LIFE OF LORD STIRLING. 245 written to desire him to present himself to you, and shall be much obliged by any good offices to him in your power. " I live on an estate of my wife's, near the ports of Roche fort and Rochelle. If I can be of any service to you here, or in any other of the Provinces of the King- dom, I beg you to command me with freedom ; and be assured that f shall be happy in having an opportunity of proving the sentiments of esteem and most perfect attachment with which "1 am, &c." In January, 1782, Lord Stirling repaired to Phila- delphia, which was within his military department, and where he established his head-quarters for the winter. Shortly after his arrival he received the following : Colonel David Brearly to M. G. the Earl of Stirling. '• Trenton, January 11th, 17S2. " My Lord, — I despatched the Sheriff of Burlington down to Egg-harbour, who returned yesterday, and in- forms me that the enemy have not made any fortifica- tions on Osborne's Island, as was supj)osed ; but that there are a considerable body of armed boats which ply constantly between Egg-harbour and New-York, — some of which are always at Egg-harbour, in order to carry on a trade with the disaffected inhabitants, (for they are chiefly so there,) and also to carry off deserters and others who choose to go to New-York. Colonel Law- rence of Monmouth was down at the same time, with a party of Militia ; and on his approach the enemy, who were in the village, at the Meeting-house, fled over the 246 THE LIFE OF LORD STIRLING. beach, where, by means of their boats, they were in a state of perfect security. ''• Unless these fellows are routed, all the sea-coast for many miles must be given up to the enemy ; yet I know of no possible means of accomplishing it, but by send- ing a superior force by water, so as to cut off their retreat to New-York. If this could be effected, they might then very easily be demolished. " I am, &c." Governor Livingston to M. G. the Earl of Stirling. " Trenton. January 11th, 17S2. " My Lord, — Before the receipt of your Lordship's letter of the 6th instant, I had sent an express with let- ters to three gentlemen of note in a certain part of the country, for the information we want. The messenger has not returned ; nor do I expect so precise an answer to my queries when he does return, as Colonel Law- rence, who takes the trouble of this, is able to give you. He is not only well acquainted with the state of things in that quarter, from general information, but has very recently been on the spot with the command of a party of militia to dislodge the enemy. He is a member of our Council ; and, as the greatest confidence may be re- posed in him, I have taken the liberty of communicating to him the intended operations; and now recommend him to your Lordship's notice, not only for the informa- tion I think him capable of giving, but as a gentleman whom, from his amiable character, you will be natu- rally disposed to treat with that attention to which his merit and station entitle him. " I am obliged to your lordship for your kind offer of THE LIFE OP LORD STIRLL\G. 247 Ibrwarding any of my despatches to France or Spain.* I have a few days since confided my letters to my cor- respondents in the latter kingdom to Kitty ;t and sup- pose they will be conveyed by the same opportunity which your Lordship has in your eye. " The enemy, with about three hundred men — a motley of British and refugees — have made an irruption into the city of Brunswick by water ; have captured Heyler's gun-boat — one of the first-rates of New Jer- sey- — and three whale-boats ; — plundered two houses — carried off about five or six prisoners — some of them, probably, volunteers — and wounded five or six men. By the extreme darkness of the night, the impossibility of collecting an adequate force to oppose them, and the shortness of the notice of their coming, they could not be repelled, nor prevented from executing the object of their enterprise ; but the few men that could be col- lected, behaved with great bravery, or in the language of General Burgoyne, ' to a charm.' " I am, &c." In the spring following. Lord Stirling, Brigadier General Hand, Adjutant General of the American army, and Colonel Nichola of the corps of Invalids, were ap- pointed by the Commander-in-Chief a Board to settle the rank of the subalterns of the Connecticut line, and for that purpose he repaired to Fishkill, in the State of New- York, where those troops were encamped. Whilst engaged in this duty. Lord Stirling received the follow- * His daughter, Mrs. Jay, had ac- Justice of the Supreme Court of the companied her husband on his missions U. S. was attached to the legation, to those countries ; and his son, the late t Lady Catharine Duer, the daugh- Brockhoist Livingston, an Associate ter of Lord S. and niece of Governor L. 248 I'HE LIFE OF LORD STIRLING. ing letter, giving an account of the first indications of the abandonment of the contest by the British. Major General Heath to M. G, the Earl of Stirling. "Highlands, June 28th, 1782. " Mr Lord, — I am this moment honoured with yours of the 27th. My barge shall attend you at head quar- ters on Sunday morning, in hopes of the honour of a visit from your Lordship. " At two o'clock this morning I received a letter from Colonel Greaton, commanding at Dobbs's Ferry, cover- ing one from Major Goetshius of the militia, containing intelligence that a Captain of militia left Newark the day before yesterday, and brought an account that the enemy had evacuated Staten Island, and destroyed all their works. Colonel Greaton adds that he had heard a firing of cannon the most part of yesterday, and that he had heard that a number of the inhabitants had come off Staten Island, and begged that they might not be plundered. If this account be true, an evacuation of New- York will follow. " I am, &c." To two young officers of distinguished merit about to visit Europe, Lord Stirling gave the following letter of introduction : — M. G. the Earl of Stirling to Lieut. Gen. the Marquis de Bouille.'^ " Head-auarters, Fishkill, N. Y., June 25th, 1782. " My Dear Marquis, — I need not apologize for in- troducing to your Lordship two brave and virtuous men, * A French General of celebrity, com- of La Fayette, but opposed the Revolu- manding the land forces at the siege of tion, emigrated to England, and died ir> Gibraltar. He was the brother-in-law London in 1800. THE LIFE OF LORD STIRLING. 249 who feel an ardent desire to serve their country and its friends in a righteous cause : your established character makes you the friend of such men. Lieutenant Colo- nel Smith* and Major Clarksonf— two gentlemen very dear to me— who have served in the armies of America every campaign since the present contest with Great Britain begun, are apprehensive that the present cam- paign on this continent will be rather inactive— at least, unttl late in the season— they therefore seek for a more active scene in the combined armies of France and Spain under your command. Give me leave to recommend them to your countenance and friendship. " I am, &c." After performing the duties assigned to the Board of Officers at which he presided, Lord Stirling was once more ordered to his former command of the Northern de- partment, and again established his head quarters at Albany. Among his correspondence at this period, is a letter from a late President of the United States, who had formerly been attached to his military family as an aid-de-camp. * William Stephens Smith, the son- persons could have afTonled a stronger in-law of the elder President Adams, and contrast of character and manners than afterwards a Colonel in the provisional these two gentlemen. The one was as army of 1798 remarkable for his imposing military t Matthew Clarkson, who after the appearance and pompous bearing, as the war commanded the first Division of other for his modest, unassummg and the New- York militia-was a member : mial.le deportment. In the French of the State Senate, and as much dis- camp, the one probably passed for much tinguished for his private worth as for more than he was worth, while the other his^public services. Perhaps no two was not estimated at half his value. •250 "THE LIFE OF LORD STIRLING. Lieutenant Colonel James Monroe to M. G. the Earl of Stirling. " Richmond, Sept. 10th, 1782. " My Lord, — I have such confidence in your Lord- ship's friendship and candour, as to be convinced that, although 1 have merited in some degree jour displeasure by not writing to you and informing myself sooner of your health and welfare, that an acknowledgment of my fault, and a promise to be guilty of the like no more, will make a sufficient atonement. Had I not been able to hear of your Lordship by almost every passenger, and to be informed of every even the minutest circumstance respecting you, which my attachment to your interest and welfare would prompt me to make inquiry, I should not so readily expect your forgiveness. Believe me, I have always been happy to hear from you, and have never failed to seize an opportunity that would give me that pleasure. " For my part, till very lately, I have been a re- cluse ; chagrined with my disappointment with the State in not attaining the rank and command I sought, — chagrined with some disappointments in a private line, I retired from society with almost a resolution never to enter it again. Being fond of study, I submitted the direction of my time and plan to my friend Mr. Jeffer- son — one of our wisest and most virtuous republicans — and aided by his advice, I have hitherto of late lived. Lately I have taken a part in the civil line of the State, and have been elected to the Legislature — and afterwards by the Legislature into the Executive Council of the State, which last office I at present fill. " I am happy to make my acknowledgments to your THE LIFE OF LORD STIRLING. 251 Lordship, and his Excellency General Washington, for your and his friendly letters to this State in Aivoiir of my conduct while an aid in your family, witliout which I could not have expected, among so many competitors, at my age, to have attained, in this degree, the confi- dence of my countrymen. I cannot forget your Lord- ship's kindness to me on this and many other occasions, and, believe me, it is one of those circumstances of my life which I frequently recur to with the greatest plea- sure. " I am to require of your Lordship to make my re- spects to your Lady and family, and to assure them that they have my sincerest wishes for their health and wel- fare. Nothing would give me more pleasure than to hear severally of their happiness. 1 shall, in future, take the liberty of writing to your Lordship, as opportu- nity may present, so soon as I have your permission, with a forgiveness of my former neglect. I shall be happy to hear from you as soon as possible, and " Am, &c." Upon resuming his command at Albany, Lord Stir- ling's official correspondence commenced with the fol- lowing letter from the officer who had succeeded General Stark in the command at Saratoga. Lieutenant Colonel Henry Dearborn* to M. G. the Earl of Stirling, '' Garrison. Saratoga, Sept. 20tli, 17S2. "My Lord, — I find in your Lordship's orders of the 14th instant 1 am severely reprimanded for deviating * Secretary at war under Mr. .TefTersoii, and .Major General and Commander- in-Chief of ilie army in 1812. 252 THE LIFE OF LORD STIRLING. from the general orders of the 7th of August last. I conceive your Lordship must have been misinformed respecting the matter. The stars on the breasts of the non-commissioned officers and privates of the 1st New Hampshire regiment were put on previous to the publi- cation of the general orders of the 7th of August respect- ing badges. I complied with them, but did not take off those I had put on. In that, perhaps^ I was wrong. 1 wish, and, I believe I do, pay as strict attention to or- ders as any officer whatever, and am exceeding sorry that any part of my conduct has been such as to give your Lordship reason to censure me. " 1 see in your Lordship's orders of the 17th instant, all men who are deserters from the British army are forbid to suttle or remain with the troops at any of the posts in this department. I had heretofore supposed that the commanding officer of a regiment, when detached with his regiment, and commanding a post or garrison, had a right to license a suttler for the post, if he found one necessary or convenient, and, on that principle, have licensed one for this post. He has acted in that char- acter for some time past by General Stark's license, and other commanding officers. This man, I suppose, is a deserter from the British army ; but he has a family in Albany, and is a very sober, steady, inoffensive man. His having been here for a considerable time, and having furnished the officers with articles to a considerable amount more than they can pay for at present, and hav- ing contracted to furnish the officers of the garrison with liquors and other conveniences, for the present month, to the amount of what may be due to them, his going from this post immediately will be very disagreeable to the officers, and detrimental to him. If your Lordship THE LIFE OF LORD STIRLING. 253 will please to consent to his remaining here until the officers can have time to settle with him, it will very much oblige them. " I am, &c." Lieutenant Colonel Dearborn to M. G. the Earl ofStiiiing. " Garrison, Saratoga, September 30th, 17S2. "My Lord, — Agreeable to directions received from your Lordship, through Captain Sill, I have taken vari- ous measures for procuring intelligence from Canada, but I have not been able to obtain any of consequence. I have had repeated scouts to Crown Point, with directions to take every measure in their power to take a prisoner, or more if possible. But the enemy have kept their men so close on board their vessels, that we have not been able to take any. My scouts have been very fre- quently at different parts of Lake George, — at Ticon- deroga, and all the other different communications from Crown Point to this garrison, but have made no dis- coveries of any party, or signs of any, since the one that crossed Lake George about the 10th of August, whose boat a scout of mine secured. " A man by the name of Carpenter, who was taken by the enemy near Fort Schuyler, in the fall of 1780, arrived here this day from Canada. He says he made his escape from an Island above Montreal, in comj)any with eight others, on the 13th instant, — four of them arrived in the neighbourhood of this garrison with him. He appears to know very little of the circumstances of matters in that quarter. About two montlis ago, he saw a body of troops moving up the river; and he was told an expedition was intended against some part of the Mohawk River ; but he has heard nothing of the matter 254 THE LIFE OF LORD STIRLING. since. He was told Great Britain and America were reconciled, and had agreed to unite their forces against France. He heard nothing respecting the Indians lately ; nor of any movements this way. He left about one hundred and fifty prisoners at the place he escaped from, and in a very distressed situation, — being almost en- tirely destitute of every article of clothing, and no pros- pect of relief, except they engaged in the enemy's service. It seems a pity those poor fellows should be neglected, when it must be in the power of the Commissary of prisoners to exchange them. " I should be greatly obliged to your Lordship for giving me as early information as the good of the service will admit of, respecting the destination of my regiment this winter. If we are to remain at this place, a con- siderable quantity of boards and other materials, for re- pairing the barracks, will be absolutely necessary, for which I shall make application the moment I know my regiment, or any other, is to winter here. " I am, &c." John Sullivan, Esq.^ to M. G. the Earl of Stirling " Keeue, N. H., October 4th, 1782. " My Lord, — I take the liberty of informing your Lordship that last evening arrived in this town, one Captain Snyder, who was taken near Esopus, about three years since, and escaped from his confinement near Montreal on the 10th of last month. He informed me that the British army were encamped at Isle^aux-Noix, on their way to Albany ; that their numbers consisted of * Tlie former Major General in the Continental service, now a member of the civil government of New Ilanipshire. THE LIFE OF LORD STIRLING. 355 four thousand, principally German troops ; that the Indians under Johnson were to move down the Mohawk River, and fall back, upon Schenectada, at the same time that tiie main army was to attack Albany. He adds that it was currently reported by their officers that the inhabitants of Vermont were to join them on their arri- val at Crown Point, — of which, from other accounts, there seems to be some reason to be apprehensive. " General Bailey also writes by express, that he has similar accounts through other channels. 1 have con- versed with an intelligent officer commanding on our frontiers, who confirms this account, and assures me that some of his party have reconnoitred the enemy at Isle- aux-Noix, and find their numbers about four thousand ; and through a secret channel I have discovered that the army is commanded by Major General Clark ; that their object is Albany ; and that they are in full expectation of being joined by Vermont, — of which, from evidence I have this moment received, I have little reason to doubt. " As your Lordship commands the Western depart- ment, it was thought proper by the Judges of the Su- perior Court, now sitting here, and all the officers in this quarter, to despatch an express to your Lordship with the foregoing intelligence, that you may take the proper measures to frustrate the enemy's designs. It is difficult to conjecture what may be their intentions. Possibly the plan for forming a junction of the two armies on Hudson's River, may be again in contemplation ; but making a diversion in that quarter to weaken General Washington, and then bringing him to action, is still more probable. There is, indeed, a possibility that their intention is to establish themselves on this side the Lake, secure, and bring over to their measures those in- 256 THE LIFE OF LORD STIRLING. habitants of Vermont who are ignorant of the designs of their leaders, and may probably attempt to make oppo- sition when the plot is discovered. Your Lordship will, I am convinced, use every effort to discover and frustrate their designs, whatever they may eventually appear to be. " I am, &c." The measures adopted by Lord Stirling in conse- quence of General Sullivan's information appear from the following letters. Lieutenant Colonel Dearborn to M.G. the Earl of Stirling. " Garrison, Saratoga. October 8th, 1782. " My Lord, — I this morning had the honour of re- ceiving your Lordship's letter of yesterday ; in conse- quence of which 1 sent a Captain with a small party to Skenesborough, with directions to take every measure in his power for gaining intelligence respecting the move- ments your Lordship mentioned ; and in such manner as to give the Vermonters no reason to suspect his busi- ness. " I am, &c." The Same to the Same. " Garrison, Saratoga, October 14th, 1782. " My Lord, — By the bearer I send a prisoner to your Lordship, who was taken near Hubbartstown in Vermont, by a small party sent out from Skenesborough, by an officer sent there to procure intelligence. The Corporal who took him held a conversation with him for an hour or two, where he first met him, intimating that he and the two men with him were deserters, and wished to get to Canada. The prisoner very soon in- THE LIFE OF LORD STIRLING. 05- formed him that he was from Canad^ and was a recruit- ing officer from Rogers's corps, and said many things to induce them to enlist with him, and promised to conceal them till he could send them safe to St. John's. The prisoner's name is Fifield ; he is from that part of New- Hampshire where I belong : I am acquainted with his family, and suspect he has been sent to Canada, by some man or men, for some particular purpose. He has said that Captain Pritchard from Rogers's corps was to hunt not far from Ticonderoga, until the express re- turned from New-York. I suppose Pritchard is in Lake George, with his boat. A small scout of mine returned from thence last evening, which informs that a sail-boat was in the Lake. I have sent a scout off this morninsr to hunt him up. " I am, &c." It does not appear that any thing more was done in this affair, for upwards of a month ; when the following instructions were sent by Lord Stirling to the officer detached by Colonel Dearborn, whose object was not so much the apprehension of deserters, as to watch the movements of persons in Vermont suspected to be in correspondence with the enemy. M. G. the Earl of Stirling to Captain E. Macomber* " Albany, December 20th, 1782. " Sir, — When you arrive at Arlington, you are to call on Governor Chittenden with my compliments, and ask his advice with regard to the best method of appre- hending the deserters you are in pursuit of, and his assistance in procuring sleighs and horses ; and his- * He had, probably, verbal instructions as to the real object of his mission. 17 258 THE LIFE OF LORD STIRLING. recommendation to all officers, civil and military, in each township you are to go through, to do the like ; for which services you are to give your orders on the A. D. Q. M. at this post, and they shall be punctually paid. You will pass through the towns of Arlington, Sunder- land, Stratton, New Fane, and Brattleborough, at the two last of which I am told there are a number of deserters ; and you will detach to the right and left, as you find necessary. " I am, &c." Here the correspondence of Lord Stirling was brought to a sudden close by the illness which within a month from the date of the last letter, terminated his life. The fatigue of body and mind to which he had been subjected during his command on an important and exposed frontier, superadded to the hard service and con- stant exposure he had undergone from the commence- ment of the war, brought on a violent attack of the gout, which soon proved fatal. He died at Albany on the 15th of January, 1783, in the 57th year of his age, and was buried in the vault of his wife's ancestors within the walls of the ancient Dutch Church in that city, and when that venerable edifice was demolished, his bones were removed to the cemetery belonging to the Protestant Episcopal Church of which he was a member. His funeral was solemnized with the military observances appropriate to his rank, and the religious rites of his communion ; and the ceremonies of the occasion are still remembered, by the elder inhabitants of that city, as a spectacle of extraordinary interest and solemnity. He left a widow, and two daughters, who have been spoken of more than once in the course of THE LIFE OF LORD STIRLING. 359 this narrativ^e ; Mary the elder married, as has been mentioned, to Robert Watts, Esquire, and Catharine the younger to Colonel William Duer, — all now deceased. The death of Lord Stirling was lamented bv his brother officers, and the troo])s he had commanded,* as well as by his personal friends. He was regretted, in- deed, by all, both in military or civil life, who knew him either in his public capacity or private relations, — by many also, who, without knowing him personally, were aware of the loss the public cause had sustained in being deprived, at a critical moment, of the influence of his character, and the benefit of his services. No stronijer evidence could have been given of the estimation in which both were held, than is afforded by the manner in which his death was communicated to Congress by the Commander-in-Chief, — by the Resolution f passed by that body on receiving the intelligence — and, above all, by the following touching letter of condolence ad- dressed to his widow. General Washington to the Countess of Stirling. "Ncwbiirg. 20th January, 1783. " My Lady, — Having been informed by a letter * It was his singular good fortune, in Chief, in a manner most respectful to the the course of the war, at different peri- memory of the late Major General the ods, to have had under his command, Earl of Stirling, the sense Congress en- every brigade in the American army, tertain of the early and meritorious ex- except those of South Carolina and ertions of that General in the comnion Georgia. cause, and of the bravery, perseverance t " In Congress, .January 28ih, 1783. and military talents he possessed ; which The Commander-in-Chief having, in a having fixed their esteem for his char- letter of the 20th, informed Congress of acter while living, induce a proportion- the death of Major General Lord Stir- ate regret for the loss of an officer who ling — on motion of Mr. Peters, seconded has rendered such constant end impor- by Mr. Dickinson, Resolved, that the tant services to his country." President signify to the Commander-in 260 THE LIFE OF LORD STIRLING. from Captain Sill, of the unspeakable loss which jour Ladyship has experienced, I feel the sincerest disposition to alleviate bj sympathy those sorrows which I am sen- sible cannot be removed or effaced. For this purpose I would also have suggested every rational topic of con- solation, were I not fully persuaded that the principles of Philosophy and Religion of which you are possessed, had anticipated every thing I could say on the subject. " It only remains then, as a small, but just tribute to the memory of Lord Stirling, to express how deeply 1 share the common affliction, on being deprived of the public and professional assistance, as well as the private friendship, of an officer of so high rank, with whom i had lived in the strictest habits of amitv, and how much those military merits of his Lordship, which rendered him respected in his lifetime, are now regretted by the whole army. It will doubtless be a soothing consider- ation in the poignancy of your grief, to find that the General ofli^ ers are going into mourning for him. " Mrs. Washington joins me in requesting that your Ladyship and Lady Kitty \'\ill be assured that we feel the tenderest sensibility on this melancholy oc- casion. With sentiments of periect esteem and respect, " I am, &c." The man thus spoken of by Washington needs no other epitaph or monument. But it would perhaps be deemed a failure of customary duty on the part of his biographer, to close this narrative without some attempt to sketch the character of the deceased. Fortunatelv, in this instance, it is illustrated by his acts, and their re- sults. These bear witness that to strong native powers of mind, he added industry and perseverance, with early THE LIFE OF LORD STIRLING. Og [ acquired habits of method and attention. His natural abilities were more sohd than briUiant — his acquirements more useful tlian uncommon. Ilis education was such only as the state of the country afforded, but he received from his father instruction in his favourite studies of Mathematics and Astronomy, which rendered him no ordinary proficient in those sciences. He was bred, as we have seen, a mercliant, and was successfully pursuing his business, when he was induced to join the army under General Shirley, — first as a Commissary, afterwards as Aid-de-Camp and Private Secretary to the Com- mander-in-Chief. In these stations he served several campaigns in the war, which commenced on this con- tinent in 1747 ; and the result of his military experience was especially evinced in the battles of Long Island, Brandyuine, Germantown, and Monmouth, in all of which he sustained, as we have seen, a conspicuous and efficient part. In an evil hour, he accompanied General Shirley to England, — from motives more consistent with the generosity of his temper, than with prudence or fore- thought ; and when there, he was persuaded by Shirley and others of his friends, to prefer a claim to what proved to be a barren title. The prosecution of this claim was attended with heavy pecuniary expenses, which, together with those incident to his prolonged residence in England, of which it was the cause, laid the foundation of subsequent embarrassments. Remark- able for the cheerfulness and hilarity of his disposition, he was there confirmed in those convivial habits that in- creased upon him in after life, though never to such a degree as to interfere with the performance of his pub- lic duties, or deprive him of the esteem and confidence of his official superiors, or private friends. They con- 262 THE LIFE OP LORD STIRLING. tributed, nevertheless, to deepen the shade cast over his latter years by the perplexity of his affairs, and rendered more striking the contrast between the opening and close of his career. Almost from his first entrance upon the active duties of life, he was engaged in the service of his country. Although possessed of an easy fortune, he devoted a large portion of his time, with his peculiar talents and acquirements, to the public, in that department of the Colonial government, in which they were calcu- lated to be most useful. Early imbued with sound principles of constitutional liberty, we find him, when the rights of the Colonists were assailed, among the first to take up arms in their defence; and notwithstand- ing his social and personal relations with Great Britain, cultivated, as they had recently been, during his resi- dence in the metropolis of the Empire, and brightened by the attentions he had received from the most power- ful and distinguished of her sons, he did not for a moment hesitate to protest against her usurpations, and declare in favour of his native land. From that moment, he literally devoted his life and fortune to her cause — and literally lost them both. At the commencement of the Revolution, he was possessed of large landed estates in New- York and New Jersey, which, though charged with heavy debts, were estimated at the time to be worth upwards of one hun- dred thousand pounds of the colonial currency, over and above all incumbrances. Before joining the army, he obtained from the Legislature of New Jersey, an Act vesting the greater part of his real property in that State in Commissioners, to sell what portion of it might be necessary for the payment of his debts, and to manage the residue for his benefit. The whole of the property THE LIFE OF LORD STIRLING. 263 thus conveyed 'was sold, and payment made in con- tinental money, then a lawful tender; but before the Commissioners had proceeded to pay his debts, the Lejjis- lature repealed the tender law in force when his j)roperty was sold. Thus were the proceeds of the sale rendered of no value, from the rapid depreciation of the currency of which they consisted, and thus both the estate and the purchase money were lost, while the debts remained in force. The remnant of his property in New Jersey, and the whole of his estate in New-York, were sacrificed at forced sales by creditors, who had remained within the British lines and adhered to the enemy, under whose local authority the judicial proceedings were conducted ; and when he died, he left nothing but the certificates issued by the State of New Jersey for the depreciation of his pay, which, on his death-bed, he delivered to his wife for her future support * Had Lord Stirling taken part with the mother-country at the Revolution, how dif- ferent, in all probability, would have been his fortunes ! The services he could have rendered, and the sacrifices which must have followed, would have entitled him to at least as liberal a compensation as was made by the British Government to any of the Americans, who suf- fered the confiscation of their estates by their adherence to the Royal cause, and would, doubtless, have included a remuneration for the territory in the State of Maine, which was lost to him by the treaty of peace,t — but that * Even the bounty land promised by + By the adoption, in the treaty of Congress to those officers who served peace, of the River St. Croix as part of during tJie war, was denied to his wid- the N. E. boundary of the United States, ow — although he died between the pre- Lord Stirling lost the land* between the liminary and definitive treaties of peace Penobscot and Kennebec rivers, granted — on the technical ground that the to his ancestors by James I. war continued until peace was actually proclaimed. 264 THE LIFE OF LORD STIRLING. he preferred the public cause to his private interest, was but in consistency with the principles which he inherited from his father, and transmitted to his descendants, and is, to them, a subject not of regret, but of pride. APPENDIX. AUTOGRAPH WILL OF LORD STIRLING. This is the last Will and Testament of me, William Alexander Earl of Stirling, Major General in the armies of the free United States in North America. I give, devise, and bequeath all my real and personal estate what- soever unto my dear wife, Sarah, to hold the same to her, her execu- tors, administrators and assigns. But in case of her death, without giving, devising, and bequeathing by will, or otherwise selling or assigning the said estate, or any part thereof, then I do give, devise, and bequeath all such estate, or all such parts thereof as shall so remain unsold, undevised or unbequeathed, unto my daugliter, Lady Catha- rine Duer, the wife of the Honourable William Duer. Esq., of the State of New- York ; To hold the same to her, her executors, admin- istrators and assigns. And I do appoint my said dear wife, together with my said daughter, Catharine, and my said son-in-law, William Duer, Esq., or either of them, executors of this my last will. In witness whereof, I have hereunto set my hand and seal, this twenty-ninth day of January, in the year of our Lord one thousand seven hundred and eighty, and in the fourth year of the Independency of the United States in North America. STIRLING, [l. s.] (endorsed.) The within paper writing was signed, scaled, published and de- clared, as and for the last Will and Testament of the within named testator, by him, in presence of us, who, in his presence, and in the presence of each other, subscribe our names as witnesses. P. V. B. Livingston. W. Barbek. W.M. Alex'r Livingsto.n. INDEX. A. Mcrcr(mtbie (of Tulliebody). His Cliarter- chesl, 23. Alexander (James). Emigrates to America, 1 — Cause of his leaving Scotland, ib. — Served under the Pretender, 2.— Arrives at New- York, ib.— Employed in Si-cretary's office, ib.— Appointed t^uiveyer-General of New- York and New Jersey, and member of Council in N. Y. ib. — Studies and practices law, 3. — His success and reputation, ib — Volunt;ed documen s, 6», 61. ' Lincoln (M. Gen. Benj imin). Descends Hud- son ill boats, and lakes posso.-sion of Har- larm Heights 212. Livingston (fhiliy, Juii.\ Nephew to Lord and Lady Stirling. 67.~Niilice of him, ib. — His letters to Lord Stirling, ib., t>7. Z.iiii»io-i(fln (William). Brother in law ofLord Stirling, 6. — Brigadier General of .Militia, 129 — Governor ol New Jeisey, ib —His let- ter to Lord Stirling, i.'4l). Long Island. Granted to 1st Earl of Stirling, 37.— Battle of, 166. M Macombrr (Captain E.). Sent to Vermont by Lord Stirling, 957. — His insiruciions ib. McWtUiams (Major). Aid to Lord Stirling, 18-', — Repeats lo him Wilkinson's disclosuie of " Conway Cabal," ib. Maxwell ( B. Gen. William). Commands N.J. brigade at Brandywine, 173. — and at Ger- mantown, 175 — heceives l^ady Stirling and her daugliiei at Elizabcthtou n, 200. Mifflin (B. Gen. Tliom is) Engaged in " Con- way Cabal," 181. — Appointed moinber of Board of War, 184. Monckton (Robert). Served under Wolfe, 77. -Governor of New- York, ib. — His rtception on returning to England, ib. Monmouth. Battle of, 196. Monroe (Lt. Col. James). Aid to Lord Stir- ling, 250.— His letter o him, ih. JV/orris (Gouverneiii) His opinion of Zenger's case, 5. Morris (Lewis, Jun.). His letter lo VV. Alex- ander, 7. — Recdnimends John Duann, ib. Morris (Robert II.). t liii f Justiou of New Jcisey, 9 — Governor of Pennsylvania ib. — Uiiiti.'S in peisuiding W. Alexaniler loclaiin Earldom, 10— His letters lo Lord Stirling. 71, 79. 270 INDEX. Morris (Staats L ). A native of New- York, 12. — Served under Shirley, with W. Alex- ander, ib. — Married Duchess Dowager of Gordon, ib. — His letter to W. Alexander, ib. — Ordered to India, 56. N jVash (B. General). Killed at Germantown, 177. Jfewcastle (Duke of). Advises Lord Stirling to petition, 35. JVova Scotia. Granted to 1st Earl of Stirling, 37. — Claimed under C. Delatour, ib— Re- gained from French, ib. O Ogden (Robert). Chairman of Elizabethtown Committee of Safety, 128 — Letters to him from Lord Stirling, ib. — His letter to Lord Stirling, 133. Oa-den (Samuel). His controversy with Lord Stirling, 104.— His letters, ib, 1 5, 106. 107. — His advertisement. 111. Pahr.er (The Rev. George). Applies for, and receives appointment of Chaplain to Lord StirliniT, 29. Pcnn (John) A Prnprietary of Pennsylvania, 10. — Persuades W. A'exatider to claim Earldom, ib. — His letter to Lord Stirling, 69. Perm (Thomas). A Proprietary of Pennsyl- vania, 10.— Persuades W. Alexander to claim Earldom, ib. Perth (Earl ol ). A Proprietary of East-Jer- sey, 94. — His misunderstanding with Lord Stirling, ib. Porteotts (The Rev. James). Married an Alex- ander, 23. — Usefulness to W. Alexander, ib. His character, ib. — His letter to Lord Stir- ling, 27. Pringle {"SU.). Counsel in Edinburgh for W. Alexander, 11. — His opinion on claim to Earldom, ib. — Created a Judge, and takes title of Lord Alemoor, 22. Provoost (David). His soubriquet, how ac- quired, 6. See " Ready-money Provoost." Putnam (M . Gen. Israel). Commands on Long Island, 166.— His orders to Lord Stirling, ib. R Race (Joh.innos). Family servant of J. Alex- ander, 68. — His letter to Lord Stirling, 69. " Ready-money Provoost." See " Provoost, David." Reynolds (David). Accomplice of S. Ford, 99- — (,'ondemned to death and executed, ib. See " Ford, Samuel " Richartbson (Joseph). Accomplice of S. Ford, 98. — Escapes with him from prison, ib. See " Ford, Samuel." Rochambeaii (Conipte de). Arrives in America with Frinch arniy, 2(i9 — His interview with Gen. Washington, 210. — Joins him with lii.a army, 211. Rogers (Major Robert) Commands New Hampshiie Rangers, 94. — His exploits, ib. Romney (Lord). President of Society for en- couragement of Arts, &c., 63. — Letter to him irom Lord Stirling, ib. Ramsey (Colonel). His ktter to Lord Stirling, 172. RiLlherfurd (Walter) Brother in-law of Lord Stirling, 6.— Informs him of repeal of Stamp- .\ct, 83. — Receives Lady Stirling and her daughter at New- York, 200. SactviWe (Lord George). His trial, 44. — Found guilty aid cashiered, ib. — Created a Viscount and appointed Secretary of State, ib. — His death, ib. Sagadahock (in Canada). Granted to Ist Earl of Stirling, 38. — Agreement respeciing it be- tween Lord Stirling and Messrs. Trumbull and Lee, 36, 44. Schuyler (M. Gen. Philip). Commands Middle Depanment, 131. — His letters to Lord Stir- ling. 148 — 155 — Accompanies Lord Stirling to Saratoga, 240. Shelburne {Em\ of). Letter to him from Lord Stirling, 74. — Notice of him, ib. Shirley (General). Commander-in chief in America, 7. — Appoints W. Alexander his Aid and Secretary, ib. — His plans defeated, 8 — Keturns to England, ib. — Persuades W. Al- exander to prefer claim to Earldom, 10. " Short-HMs" Affair of, K8. Skinner (Stephen). Treasurer of New Jersey, 97. — Reports robbery thereof to Governor, ib. — Declared by Assembly that through his neglect it happened, ib. — Takes meai-ures to exculpate himself, ib. — Charged as party to robbery, 100. — Resigns, ib. — Appointed mem- ber of Council, ib. — Adheres to Crown at Revolution, 101. Smi'tA (William the Elder). Came to America in same ship with James Alexander, 3. — Volunteers with him to defend Zenger, 4. — Disbarred in consequence, ib. — Restored on death of Gov. Cosby, 5. Smith (William the Younger). Historian of New York. 2 — His character of J. Alexan- der, 3. — Lord Stirling's letter to him, 95. Smi. Tucher (Samuel). Chairniiin N. J. Committee of Safely, 167.— Lord Stirling's letter to him, ib. V. Van Rensselaer (Brig. Gen. James). Com- mands brigade of militia under Lord Stil- ling, 229. W. Wulbridire (Colonel). His letter to Gen. Stark, 222 /furrf (Colonel). Statinned with his regiment on Long Island, 135. — His orders from Lord Stirling, ib. IVashinirton (General). His letters to Lord Stirling. 123, 143, 1.50, 194 —Arrives with army at New-York, 160. — Evacuates it, 167. — Proposes exchange ofjjord Stirling, ib. — 272 INDEX. His retreat into New Jersey, 168 — Encamps at Mornstown, ib. — Reassembles army at Middlebrook, 169. — Advances to Quibble- town, lb. — Concerts plan for attacking New- York, 209, 211. — Advances to Valentine's Hill, 212.— Plan f.ir attacking New- York, again f rmed and abandoned, 213. — Proceeds wiih army to Virginia, ib. See " Army, American." fToHi (Lady Mary). Daughter of Lord Stir- ling, 8(1. JFaMs (Robert). Son-in-law of Lord Stirling, 80. — Remains in New- York during Revolu- tionary war, 199. fVayne (M. Gon. Anthony). His conduct at Germantown. 175 — At Monmouth, 197. JVedderburn (Alexander). Counsel of W. Al- exander, 11. — Account of, ib. — His opinion in favor of claim to Earldom, ib. Jfllkinson (Colonel James). Reveals " Conway Cabal," IS-l. — Appointed Secretary of Board of War, 18.5.— His conduct to Gates, 187.— His correspondence with Lord Stirling, 1;8. — Appointed Clothier General, ib, Wdlel (Lieut. Col. Marinus). Detached west- ward from Albany, 220. — His attack near Johnstown, '229. — His defeat and pursuit of the enemy, 230. JVilmot (Henry). His letter to Lord Stirling, 84. Winds (Lieut. Col. William). His letters to Gov. Franklin, 120, 121. Wiiher^poon (Dr. John). His sarcasm upon Wilkmson, 182. Z. Zertger (Peter). His trial, 4 — Defended by J. Alexauder, and W. Smiih, ib. — His acquittal ib. — Importance of his case, 5. ^ jBRP^^' OF COI iMG'^^.f^il IIP 005 072 278 8 ■1 j III 11 1 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^Mi i \ Hii i l^^^^^l 1 1 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H 1 llnHH tli 1 1 1 HlMM ■ 1 ni i^^^^^^^^^^^^^^^^^^^^^^^H