39002008316284 I ^ : ["i - ^J\ Of ^PH ¦" ( -M 1 -Li hrj r - 1 J '^ltu..'j- '—- 1 -^-^-ip^-'^-^^ ¦d^^ - - rC^rj-z-iil^SEl i L..!^ " -^^?*3^ED^r:i .-y - .f -"fair jf-ip ¦¦ T-i-' THE E X A M I N AT I O N O F JOSEPH GALLOWAY, Efqj Late Speaker ofthe House of Assembly of Pennsylvania. > : BEFORE . THE HOUSE OF COMMONS, IN A COMMITTEE ON THE AMERICAN PAPERS, WITH EXPLANATORY NOTES. LONDON: Printed forJ.WiLKiE, No. 71, in St, Paul's Church-yard. MDCCLXXIX. [Price Two Shillings. J 102 Galloway — The Examination of Joseph Galloway, Esq., late Speaker *'>^ House of Assembly of Pennsylvania before the House of Commons, in a Committee on the American Papers, with Explanatory Notes, 8vo., title + 85 pp. (v, 13), £2 10s LoTidoii- ^Vilkic 1 77Q ^ W,?fl!,^^ ¦ '!^^^i^^^ ^'- Galloway's very important evidence, this pamphlet contains'many useful and interesting notes relative to the conduct of the war in America, Mercuriiy ib^diejuniii 1779. COMMITTEE on PAPERS prefented by Mr. De Grey, the 19th of March laft, purfuant to Addrefs. Mr, MONTAGU in the Chair. JOSEPH GALLOWAY, Efq; called in, and examined by Lord George Germaine. Q^ TT ^ ^ '°"S hzvt you lived in America ? T~jL -A- I have lived in America from my nativity to the month of Odtober laft, about forty-eight years! Qj^In what part; and what public ofEce have you held? A. I have lived in the province of Maryland, in the Delaware counties, and in the province of Pennfylvania, chiefly in Philadelphia. My public profeflion was that of the law. — I praftifed in all the courts of Pennfylvania, in thofe of the Delaware counties, and in the fupreme courts of New Jerfey. — I was a mem ber of the Aflembly of Pennfylvania eighteen years— Speaker of the Houfe twelve. — I was B appointed ( 2 ) appointed by the Aflembly of that province to attend the American Congrefs, which met the 5th of September 1774. — During the lafl: war, under an appointment of the fame Aflembly, I was one ofthe Commiflioners for difpoflng ofthe money granted to the crown, and have been feveral times a Cornmiflioner to treat with the Indians; and, when Sir William Howe took pofleflion of the city of Philadelphia, at his requeft I undercook the office of Superintendant of the Police of the city of Philadelphia and its fuburbs, of the Port, and of the prohibited Articles. Q. When did you come over to the Briti.Qi ^rmy, and how long did you continue with it ? A. I came over to the royal army in the begin ning of December 1776, and continued with it until the evacuation of Philadelphia, on the iSth of June lafl:. Q^ At the beginning of the prefent rebellion, when the inhabitants firft took up arms, had the people, in general, independence in view i A. I do not believe, from the beft knowledge I have of the ftate of America at that time, that one-fifth of the people had independ- ipnce in view.-^ — I wifli when I give an opinion, always to give my reafons for it. — The prpgrefs of the fpirit of independence was very gradual. So early as the year 1754, there were men in America, I may fay in the towns of Pofton, New York, Philadelphia, and Williamftjurg, vyho held independence in profpedl, and who were determined to feize any opportunity that offered to promote it, by pro curing additional perfons to their number. Thefc men, when the Stamp A(ft was pafl"ed, made ( 3 ) made a ftalking^horfe, br flcreen^ of the gentle-' men of the law in every part of America, to cover their defigns, and to found the trumpet of oppofition againft Government ; but avowed, that their condud was , on the ground of ob taining a redrefs of American grievancesj and hot with a defign to feparate the two countries. — Upon this ground, I am confident, the gentlemen of the law adted. When the Tea Ad was paflied, they made the fame ufe of the; merchants who were fmugglers in America, aS they had done of the lawyers before, ftill de claring, that they meant not independence.— So late as the fitting of the Congtefs in 1774, th6 fame men when charged with it in Congrefs, and whilft they held it tenacioufly and religi- oufly in their hearts, they almoft to a degree of profanity denied it with their tongues — and all this was done on their knowledge, that the great bulk of the people of North America was averfe to independence.-r-If we look at the refolves of Congrefs, down almoft to the very period of their declaration of independence, we fliall find the fame language, the fame pre tence of obtaining a redrefs of grievanceSj held out to the people. And for the fame reafon, at the very time they declared independence, they gave out, that it was not with a view to a total leparation of the two countries, but from neceflity; becaufe, unlefs they declared inde pendence, the powers of Europe would not trade with them, and they were in great diftrefs for want of a great many foreign neceflTaries. — • So that, from all thefe circumftances, I am con- B 2 vincedj ( 4 ) vinced, that not one fifth part of the people had independence in view * ! * Mr. Galloway here added,—" I think I may fafely fay, not one-tenth part had independence in view ;" — which opinion will appear to be founded in truth from the following circumftances. The inftrudlions given to the Delegates in Congrefs were partly in the following words : — To the De legates from New Hampfhire, — " to reftore that peace, hatmony, and mutual confidence, which once happily fiib- filled between the parent country and her Colonies." — To the Delegates of Maflachufetts Bay, — " to determine on meafures for the reftoration of union and harmony between Great Britain and the Colonies, mofi ardently dejired hy all good men ^' — To the Delegates of Rhode Ifland, — " to con sult upon proper meafures to eftabliih the rights and liberties of the Colonies." — To the Delegates of Connefticut, — " for advancing the beft good of the Colonies." — The Delegates from New York and New Jerfey had no particular inftruc- tions, — The Delegates from Pennfylvania were enjoined — • *' to confult upon the prefent unhappy itate of the Colonies, and to form and adopt a plan for the purpofes of obtaining a redrefs of American grievances, afcertaining American rights upon the moft folid and conftitutional principles, and for eftablifliing that union and harmony between GreatBritaia and her Colonies, which is fo indifpenfably neceflary to the welfare and happinefs of both." — The Delegates from the Delaware Counties were confined to — " prudent and laijoful meafures for obtaining a redrefs of the general grievances.'' — The Delegates from iVIaryland and Virginia were con fined to meafures — " operating on the commercial connec tion of the Colonies with the mother-country, and fpeedily to procure the return of that harmony and union, fo beneficial to the whole nation, and fo ardently defired by all Britifb America." — And the inlirudlions from North and South Carolina were to the fame purport. — In the Letter to the People bf Quebec, the Congrefs declare, that " their confederation has no other ob- jeas, than the perfeft fecurity of the natural and civil rights of all the conflituent members of the Britifli government, acpording to their refpeftive circumftances. and the preftr- vation of a happy and lapng conneaion with Great Britain, on falutary and confitutional principles."— AnA in a pamphlet publifhed ( 5 ) Ql If fo large a proportion of the people of A- merica were fo averfe to independence, why have they fufi^ered their prefent rulers to obtain fo much power over them as to prevent any effec tual exertion in fupport of their principles? A. The Congrefs having prevailed upon a very fmall part of the people to take up arms, under the pretence of obtaining a redrefs of grievances; and having an army compofed of thofe people under their command, and fubjeft to military difcipline, they difarmed, or caufed to be difarmed, all perfons whom they thought difafieded to their meafures, or wilhed to be united to this country, contrary to their fcheme of Independence. I have the re folves of Congrefs, dated 2d January, 1776, publiflied in vindicition ofthe condufl: of the Congrefs^ in- titled, " The other Side of the Queftion, &c," they are obliged to make the following declaration, to refute the charge brought againft them of iijtending to eftabliih inde pendence, viz. — " As to the thought of eftablithing a re public in America, — breaking off our connexion 'with Great Britain, and becoming independent, — I confider it as the moft vain, empty, IJiallow, and ridiculous projeft, that could poflibly enter into the heart of man, — I do not believe there are ^fi-ve hundred on the Continent, who have the leaft preteniions to common fenfe, who would not rifque their deareft blood to prevent fuch meafures." Even fo late as the time of declaring the Colonies independent, the Congrefs who were appointed by a very few cf the people, and thefe the moft difafFe£led, found it an arduous talk to accomplilh it. —-Their debates lafted near a fortnight, and when the queftion was put, fix Colonies divided againft fix ; the Delegates for Pennfylvania being alfo divided, the queftion remained undecided. — However, one of the Members of that Colony who had warmly oppofed it. being wrought upon by Mr. Adams's art, changed his opinion, and upon the queftion tbe next day, it was carried in the affirmative by a fingle vote only, 4 at ( 6 ) at tiiy houfe to that purpofe*. — They went fo far as to difarm (by fending two battalions intCi Queen's county, in the province of New York, for that purpofe) a large number of the people of that diftridt, for no other reafon but becaufe they voted againft fending a member to the Convention of New York; they totally, as I may fay, disfranchifed them ; — ^they would not fuffer them to trade, or be traded with ;— they fuf- •Extrafls from the Journals of Congrefs, January 2d, 1776. *¦ " — And with refpeft to all fuch unworthy Americans 9s, regardlefs of their duty to their Creator, their country, and their pofterity, have taken part with our oppreflbrs, and, influenced with the hope and pofleflion of ignominious' rewards, ftrive to recommend themfelves to the bounty of adminiftration, by mifreprefenting and traducing the con- duft and principles of the friends of American liberty, and oppofing every meafure formed for its prefervatioii and fecurity ; " Re/ohed, That it be recommended to the diflferent Af- femblies. Conventions, and Committees or Councils of Safety in the United Colonies, by the moft fpeedy and effec tual meafures, to fruftrate the mifchievous machinations, and refirain.the wicked praftices of thefe men: — And it is the opinion of this Congrefs, that theyought to be difarmed, and the more dangerous among them either kept in fafe cuf- tudy, or bound with fufficient fureties to their good beha viour. And in order that the faid Aflemblies, Conventions, Committees, or Councils of Safety may be enabled, with greater eafe and facility, to carry this refolution into execution, " Refohied, That they be authorifed to call to their aid, whatever continental troops, ftationed in or near their re- fpedlive colonies, may be conveniently fpared from their more immediate duty ; and the commanding ofiicers of fuch troops are hereby direfted to afford the faid Aflemblies, Conventions, Committees or Councils of Safety, all fuch afliftance, in executing this refolution, as they may require, and which, confiftent with the good of the fervice, may be fupplied." ^ fered ( 7 ) fered them to be fued, but would not let them fue in their courts of juftice; they would not fuffer them to pafs out of their diftridt on any account f. — By thefe means the well-affefted part of America to this government became difarmed, and the arms were put into the hands of thofe on whom the Congrefs could rely — a fmall part of the people. If we look into the hiftory of this kingdom, fo early as the great febellion in 1640, we ftiall find the very fadt t Extradls from thejournals of the Congrefs, January 3d, 1 776, " Refolved, That all fuch perfons in Queen's County, as voted againft fending Deputies to the prefent Convention of New York, and named in a lift of delinquents in Queen's County, publifhed by the Convention of New York, be put out of the proteftion of the United Colonies, and that all trade and iptercourfe with them ceafe ; that none of the inha bitants of that county be permitted to travel or abide in any part of thefe United Colonies, out of their faid county, without a certificate from the Convention or Committee of Safety of the colony of New York, fetting forth, That fuch inhabitant is a friend to the American caufe, and not of the number of thofe who voted againft fending Deputies to the faid Convention ; and that fuch of the faid inhabitants, as fhall be found out of the faid county, without fuch certificate, be apprehended, and imprifoned three months. " Re/olwd, That Colonel Nathaniel Heard, of Wood- bridge, in the colony of New Jerfey, taking with him five or fix hundred minute-men, under diicreet ofiicers, do march to the weftern part of Queen's County. And that Colonel Waterbury, of Stanford, in the colony of Connefticut, with the like number of minute-men, march to the eaftern fide of faid county ; — that they confer together, and endeavour to enter the faid county on one day ; that they proceed to dif arm every perfon in the faid county, who voted againft fend ing Deputies to the faid Convention, and caufe them to de liver up their arms and ammunition on oath; and that they take and confine in fafe cuftody, till further orders, all fuch as refufe compliance," alluded ( 8 ) alluded to in the queftion, adtually exifting in the ftate of this kingdom,— We fliall find the peo ple taking up arms, in order, as it was faid, to obtain a redrefs of grievances. — We fhall find a few people at that time, who had arms in their hands, preventing the reft, numerous as they were, from taking meafures for their relief*. After • After the Congrefs had deluded a few of the moft im prudent and violent of the people to affociate in arms, and had obtained an army in the field, they immediately took meafures to difarm thofe who retained their loyalty, and gave oppofition to their defign. This oppofition appeared in a variety of inftances : but they, immediately on its ap pearance, took meafures to fupprefs it. If pamphlets were wrote, condemning their conduft, the printer who pre- furaed to publifti them was obliged to fly his country, and his ofiice was feized. If any gave oppofition at eleftions to their candidates, they were threatened, and intimidated from vot ing, imprifoned and disfranchifed. If any refufed their Continental money at the nominal value, they were ordered, by a refolve of Congrefs, nth January, 1776, to be treated Zi Enemies to their Country, and, precluded from all trade or intercourfe with the inhabitants. And by another Re folve, dated January 14, 1777, they forfeited the value of the lands, goods, or commodities offered to be fold, and the debts in payment of which it was tendered. And fur ther to intimidate the Loyalifts, and effeftually to prevent their taking, meafures for their relief, laws were pafled by the New States, declaring, " That if any perfon ihould be adherent to the King of Great Britain, or to the enemies of the United States, by giving him or them aid or afliftance, he (hould bis adjudged guilty of High Treafon." And even, " If any perfon fliould, by writing or fpeaking, obftruft or oppofe the meafures carried on by the United States," he ihould be puniftied by fine and imprifonment. If any body of men rofe in favour of Government, and to relieve them felves from their opprefiion, of which there have been a variety of inftances, they were immediately fupprefl"ed by the fuperior force of the Continental Army, in this ftate of the people, into which they were feduced by the arts and force of the Congrefs, no man of fenfe can be furprifed at ( 9 ) Q. After thedeclarationcf Independence, when Lord Howe and the General arrived at Staten Ifland, did the people at large in the country exprefs a defire to treat with the Commif lioners .? A. I believe, in the Middle Colonies, where I refided, it was very generally the wifli of the people to treat with the King's Commiflioners; and I have the beft reafon to believe, that it was in purfuance of the clamour of the peo ple about the Congrefs in Philadelphia, that they fent three Commiflioners to meet Lord and Sir William Howe *. Q. What at their not being able to take effeclual meafures for their relief. There have been very few revolutions in fettled govern ments, which^ have been effefted with the confent and ap probation of the people. Mankind are not eafily drawn into a dereliflion of a form of government, under which they have been educated. It is habit and fixt manners that form the national attachment, and prevail on men to prefer thofe governments, however arbitrary and defpotic, to others eftablifhed on the beft legulated freedom. Jt is this that prevails with a Turk, or a Spaniard, to prefer the go vernment of a bafhaw, or the inquifitorial power, to that freedom which he might enjoy in o'.her countries. Hence it is that we ihall find, upon looking into hiftory, that moft revolutions have been effefted by a few artful, bold, and ambitious men, whofe fifft ftep has ever been to de lude the incautious and reftlefs few, which every fociety af fords, into arms ; the next to difarm the reft, and then to eftablifli their own meafures and power over the whole fociety, who, however defirous of making the greateft ef forts for their relief, find it impoflible under thefe circum- ilances, and therefore patiently fubmit to what they deteft. • The Congrefs were compelled by the clamours of the people to fetid a Committee to treat with Lord Howe ; but did not mean to do it, fave in appearance only. The au- C thority. ( to ) Q^ What proportion of the inhabitants of the revoked Colonies, do you think, from principle and choice, fupported the prefent rebellion at any period? A, I don't think that one fifth part have, from principle and choice, fupported the prefent re bellion, — Many of thofe, who have appeared in fupport of it, have, by a variety of means, been coinpelled I would wifh to give rea fons, and not fatigue the Committee. The laft delegation to Congrefs, made by the province of Pennfylvania, and the appointment of all the officers of that ftate, was made by lefs than two hundred voters, although there are at leaft thirty thoufand men intitled to vote by the laws of that province. One inftance more thority given to that Committee was only " to hear fuch propofitions as Lord Howe Ihould think fit to make," and not to treat. See Refolve of Congrefs, 6th of September, 1776. The Committee reported, that "his Lordfhip's Commiflion contained no other authority of importance than that of granting pardons, with fuch exceptions as the Com miflioners Ihould think proper to make, and of declaring America, or any part of it, in the King's peace, upon fub- miffion." If the Commiffioners had further and other powers, it is greatly to be lamented, that they did not think proper to make them known to the people, who were fo defirous of having the difpute between the two countries fettled without further bloodfhed, and upon reafonable terms. It would have produced the moft beneficial effedls. If the terms had been approved by the people, which is far from being iir.probable from their then difpofitions, the Congrefs mull have accepted of them, and an end would have been put to the war. The New States at this time were not formed, nor the Congrefs well eftabliftied in their power ; they were of courfe more dependent on the people than they have been fince, and mull have complied with their de mands, I beg ( II ) I beg leave to give. One of the Delegates from the province of New York* (with whom I fat in Congrefs in 1774) reprefenting a con- fiderable diftrifc in that province, was chofen by himfclf and his clerk only, and that clerk certified to the Congrefs that he was unani- moufly appointed! Q^ Was the perfon fo chofen received by Congrefs ? A. Yes, he was received on that return by the Continental Congrefs, in 1774. Q^ From your knowledge of the people of America, what proportion of the inhabitants do you think at this time would prefer a re conciliation with Great Britain, rather than aflift in fupporting American independence.'' A. From the experience which thepeople have had of the fuperlative and exceflive tyranny of their new rulers ; from the diftreflTes they have felt by the ravages of war, and the lofs of their trade ; from an averfion which they have to an attachment and connedtion with ' The people of King's County fo much difapproved of the fending any Members to the Congrefs, that although due notice was given'of the time and place of eledlion, only two of them met : Mr. Simon Boerum appointed his friend Clerk, and the Clerk appointed Mr. Boerum a Delegate in Congrefs, who was the only Reprefentative for that large county. Other counties fent no Delegate ; and even fo late as the year 1776, the inhabitants, of Queen's County were difarmed and disfranchifed for refufing to fend a Member to the Convention of New York; and in no Colony, where thefe Delegates were not appointed by the Affemblies, which were in four only, were they chofen by one twentieth part of the people. C 2 France, ( 12 ) France, which they are fearful will terminate in the lofs of their liberties, civil as well as religious ; and from th- old attachment, and I believe an eameft defire to be united with this country, I think I may venture to fay, that many more than four-fifths of the people would prefer an union with Great Britain, upon con ftitutional principles, to that of Independence. Many of the people, who at firft took part in the oppofition to Government, and were de- luded'by the Congrefs and its adherents, have feverely felt every degree of diftrefs. From thofe feelings they now reafon, and that reafon has prevailed on them to compare their old happy fituation with their prefent mifery, and to prefer the former. Q. Whateffedl do you think it would have in America, if the people of that country thought an opinion prevailed here, that they were ge nerally hoftile to Great Britain ? A. It would ftrike the friends of this country with diftrefs and refentment ; with diftrefs, at the thought that you fhould conceive an idea fo injurious to their principles ; and with re fentment at the injuftice of the idea. Q^ Have the inhabitants of America fliewn a willingnefs to take up arms in the prefent con- teft, and have the Congrefs found it eafy to recruit their armies ? A. A very fmall partofthe inhabitants of North America (I would rather confine myfelf to the Middle and Southern Colonies) have fliewn a willingnefs to take up arms, more efpecially fince the declaration of Independence. The Congrefs have not found it eafy to recruit their C 13 ) their armies ; they have made ufe of every means that art and force could fuggeft for that purpofe. Q. What were the methods made ufe of by the Congrefs to compel the inhabitants to take up arms ? A. When they fopnd they could not recruit their army in the ordinary way by recruiting, the Rebel States pafl'ed laws for drafting their militia, compelling every perfon drafted to enter into the military fervice, or to find a fub- ftitute, or to be imprifoned. Some were even puftied into the Seld by the bayonet (but this was not part of the law). In Virginia they paflTed a law for exempting every two perfons, who fhould find a recruit, from all military fervice. For thefe fubftitutes, and for the re cruits, there have been from 40I. to 100 1. given. In the fame province, they palTed another law for manumitting every fervant who would enter into the fervice. By thefe means the Congrefs chiefly raifed their armies, and not from the voluntary enliftment of the peo ple. Q^ Were great exertions made by the Congrefs and their adherents, to bring a numerous army into the field for the campaign of 1776 ? A. There certainly were very great exertions ; but at that time they did not make ufe of the compulfory meafures, which they were obliged to do afterwards, when the people were fatif- fied that they meant Independence. Q^ What was the force under Waftiington when Sir William Howe landed in Long Ifland ? A. From. ( 14 ) A. From the beft information I could get, I believe it was about 20,000 men. Some faid more, others faid lefs. Q^ Was their force compofed chiefly of mi litia, or continental troops ? A. More of militia than continental troops. — They had not then had time to raife by re cruiting any great number of men, nor were their ftates at that time perfedlly formed, and therefore could not make the exertion for raifing the regular troops which they did af terwards, Q^ Did WaQiington's army diminifli after the battle at Long Ifland — and what was his force at the end of the campaign, when Gen. Howe was at Trenton ? A. In confequence of the fuccefs on Long Ifland, New York, the White Plains, and Fort Independence, Wafliington's army did dimi nifli very rapidly ; infomuch that, when Wafliington crofTed the Delaware, and Sir Wil liam Howe marched to Trenton, his army did not confift of more than 3300 men. -Qi What do you take to have been the caufe of fo great diminution of the rebel force ? A. They were panic-ftruck by the fucceflfes I have mentioned, and deferted in great num bers. I was at that time in Pennfylvania. Many of them, who fled from the army, paflTed by my houfe, and I converfed with them. They all appeared to me to be in the extremeft panic. Q^ What was the difpofition of the people in Pennfylvania when Gen, Howe arrived at Trenton ? A. I ¦ ( 15 ) A. I had, though with the army at that time, conftant communication with my friends in Pennfylvania, from whom, while on the De laware, I learnt the difpofition of the people; and when laft in Philadelphia with the Britifli army, I made it my particular bufinefs to en quire into the ftate of the province, at tlie time Sir William Howe was at Trenton ; and I converfed with no man, who did not inform me, that the people of Pennfylvania were dif- pofed to fubmit to Government, a few of the moft violent, and very few excepted, and they were thofe who had adted the moft violent part. Great pains were taken to get the mi litia out, but in vain ; very few were pre vailed on to turn out. Q^ Did they expedt the Britifli army in Phi ladelphia at that time ? A. They certainly did, Q^^ Did the members of the Congrefs, and others who had taken an adtive part in the rebellion, take any fteps in confequence of their expedting the Britifli troops in Philadelphia? A. I was informed by every one I converfed with on the fubjedl, that the Congrefs and the Rebel States, in which I include all their of ficers, fled in a panic from Philadelphia, many of them leaving a part of their property be hind them ; and when I was laft at Philadel phia, I was informed by two of three gentle men, that they were appointed by a number of refpedtable inhabitants of the city of Phi ladelphia, to wait on Congrefs, and to inform ^hem, that they would go out, and certainly 5 meet ( i6 ) meet Sir William Howe, in cafe he fliould crofs the Delav/are, and implore his protec-' tion in behalf of the inhabitants ; — that they did wait on Congrefs accordingly, delivered their mefl^age, and received for anfwer from the Congrefs, that they could not blame them, for they could no longer protedt them*. Q^ Do you know any thing of the difpo fition of the other revolted colonies ? Were they, from the fucceflfes of the Britifh army, difpofed to peace ; or did they ftill remain fan- guine in their hopes of maintaining their Inde pendence — I mean thofe who had been the fupporcers of the Congrefs and their mea fures ? A. I had very good opportunities of know ing tlie ftate of the Middle Colonies, in which I include New York, New Jerfey, Pennfylvania, Maryland, the Delaware counties, and Virgi nia. Gentlemen of fortune and integrity, on whom I fhould rely, came in to me at Phila delphia, from Norfolk in Virginia, Williamt burgh, Frederickfburgh, the diftant county of Botetourt, Fort Pitt, and from the interme diate parts of New York, New Jerfey, Mary land, and the Delaware counties, from whom I made it my particular bufinefs to learn the • It is well known to feveral gentlemen now in London, that the Congrefs loft all fortitude of mind, and in the greateft diftrefs weeped at the folly of their Condudl, declared they could no longer oppofe Great Britain, and that they were ruined. They fled with the greateft precipitation from Philadelphia to Bsltimore, and many of them to their refpeitive colonies. i ftate • ( <7 ) ftate of the difpofition of the people of thofe Colonies, as well at that time, as in the yeaf 1776, when Sir William Howe was at Tren ton, And I was informed by all of thepi, that the panic extended through all thofe parts, and at that time very few indeed entertained hopes of fupporting the independence. Q^Doyou think if Sir William Howe had pur- fued Walhington crofs the Delaware, fcattered the remains of his army, and taken up his quarters at Philadelphia, that_ the Congrefs would have been able to raife another army ? A, I verily believe they would not have beefi able to raife . an army of any confequence, not of 5000 men, fo as to take the field at the ufual tirhe of opening the campaign.— -It was not only my opinion, but that of every gentle man I converfed with on the fubjedl in Penn fylvania. • Q. What effedl had the fuccefs of the rebels in defeating ^nd making prifoners the Helfians at Trenton on the minds pf the people ,'' ' A'. It had a very mifchievous effedltO the Britifli fervice.- — It removed "that panic with which the new ftates of the Middle Colonit^s were ftruck, - — It enabled the Congrefs and the Members of the new ftate of Pennfylvania to return to Phila delphia, the moft advantageous poft for their refidence in all America, — It revived their fpirits, and the fpirits of the difaffedted. — It induced a number of the Militia to turn out, who otherwilc would not have done it, and contributed in a great nuafure to the raifing of the army which Wafliington commanded the next campaign. D Q^ After C i5 > QL After the affair at Trenton, did the Con grefs find it eafy to recruit their army, and what number of troops had Wafliington with him in the Jerfeys during the v/inter? A. Notwithftanding that fuccefs, the Congrefs did not find it eafy to recruit their army, — They were obliged to make ufe of the compulfory methods I have mentioned ; and yet, during the winter, Walhington, at Morris Town, from the beft information I could get, had not 6000 men, Q^Did Walhington take any meafures to pre vent the Britifli army from procuring provifions in their march through the Jerfeys, and what meafures ? A. In Wafliington'sretreat through tbe Jerfeys, he ilTued a proclamation, commanding the in habitants near that route, which he fufpedled the Britifli army would follow, to remove all their provifions, under pain of having them deftroyed; but this pxoclamation was not obeyed, nor did he dare to put it into execu tion — he did not, left he fliould render the people more averfe to his meafures. Q^Did the Britifli army find difiiculty in pror curing provifions whilft on the banks of the Delaware ? A. They did not. — I was both at Trenton and Burdenton, the two pofts left by Sir William Howe on the Delaware. — The people brought in their cattle and other provifions to both thofe pofts,— Captain Gambell, with whom I lodged, adted as Deputy Quarter- mafter.— I drew, at his requeft, invitations to the people of the country ( 19 ; Country to bring in their provifions towards forming a magazine at Burdenton ; and al though he was there but a little while, a very confiderable magazine was formed, and great quantity of provifions brought in, before he was obliged to leave it by the taking of Tren ton. Q^ Had General Howe taken up his winter quarters at Philadelphia, would he have run any rifk of not being fupplied with provifions from the country ? A. I think it impoflible. — The country was full of provifions. — General Howe's army was the fuperior army, and certainly might have foraged, had the inhabitants not brought in their provifions — of which, I think, there could be no doubt, becaufe, when Sir William Howe was at Philadelphia in 1777, the people at that time, when Wafliington had four times the number of troops that he had at Trenton, and when his party was continually patrolling round the lines ; — the inhabitants of Philadel phia, the army and navy, fuch as chofe to eat frefh provifions, were fupplied by the country — from without the lines, Q^ What number of men did the Congrefs vote for the campaign 1777 ? A. Congrefs voted for that year 88 bat talions, each confifting of 750 men, officers included, making in the whole 66,000 men. Q^ What number did they adlually raife for that year ? A. At the outfide, they did not bring into the field 16,000 men. — I think I am beyond the mark in that number, D 2 Q. What ( 20 ) Q^ What was the reafon that fo fmall a number of the troops voted were raifed ? Was it that the Congrefs had altered rheir refolution as to the numbers to be employed, or was it becaufe the men were not to be had ? A. It was not becaufe the Congrefs had altered their refolution, but becaufe the men were not to be had. — They made every exer tion as ufual ; but they had loft in the Canada expedition, at Bofton, where they were ex tremely fickly, liilled in battle in the leveral engagements with the Britilh troops, taken prifoners, and by deaths in the military hofpi- tals, fouthward of New York, I thinic I may fately fay, upon good enquiry, nearly 40,000 men, — The people alfo, at that time, were more averfe to fhe meafures of Congrefs than the year before *, Q^' What were the exertions made ufe of to bring a numerous army into the field? . A. They were, as 1 mentioned before, partly recruiting, drafting their militia, and enlift- ing of fcrvants. Q. W^hat proportion of the troops that compofed Wafliington's army enlifted volun tarily ? A. I cannot anfwer that queftion with precifion, -rr I believe, not a moiety of them, * The Rehel States fince tne pommercement ofthe re bellion, have loft in thHr military hofpitals, and in battle, in their naval and land fervice, not m.ich fhort of 100,000 Dien, which amount to a fifth- part of ths white men in ,if^nfieri,ca papable of beiirifig arms, Qi Were ( 2X ) Q^ Were deferters from the rebel army frequent while Sir William Howe was in Phi ladelphia ? A. They were frequent — almoft daily. — I have known forty-nine come in in a day — mapy days from ten to fifteen, Q^ What number do you fuppofe came in to the army at Philadelphia ? A. The deferters were generally fent from head-quarters down to me for examination — from me they went to Mr. Story, the officer appointed to adminifter the oath of allegiance. — He kept a regular account of their numbers, their names, and the places of their nativity, and I think there were upwards of 2300 qualified at his office ; and I believe, on good reafon, there might have been upwards of 7 or 800 more not qualified ; for I often found, on feeing him in the evening, that the numbers I had fent down to him had not gone, fo that I fuppofe, at leaft, 3000 came in. Q^ Do you fuppofe the number you have mentioned to be the whole ofthe defertion from the rebel army ? A. By no means ; I do not fuppofe it ; — ¦ many might have deferted into the country to their friends — perhaps, half as many more. Q^ What was the encouragement held out to induce deferters to ctame over to us ? A. A proclamation was ifTued by Sir Wil liam Howe, offering them a pafTage home to Ireland or England, their native country, and they were generally paid for their arms and ac coutrements. Q^That ( 22 ) Q^ That part of the rebel army that en- lifted in the fervice of the Congrefs, were they chiefly compofed of natives of America, or were the greateft part of them Englifh, Scotch, and Irifh ? A, The names and places of their nativity being taken down, I can anfwer the queftion with preciflon. — There were Icarcely one-fourth natives of America ; — about one-half Iriih,— - ihe other fourth were Englifh and Scotch. Q^ What is the charadler that the Provin cials ferving in the Britilh army bear ? Are they good troops, and have they behaved well when employed ? A. I have underftood, as foon as they are dilciplined they are very good troops, and have always behaved well ; I know of no inftance to the contrary. — That I know to be the opinion of many of the military gentlemen, Q^ Do you know any thing of the army of the Rebels in general, how that is compofed — of what country people ? A. I judge of that by the deferters that came over. Q^ What was the fum given as bounty money to a recruit enlifting in our provincial corps .'' A. I have underftood five hard dollars. Q^ At that time, what was the fum given by the rebels for a recruit to ferve in the army of the Congrefs ? A. The Congrefs gave twenty paper dollars a man, befides eight paper doUars to the per fon who fhould procure a recruit — It was re commended by jhe Congrefs, in order to faci litate ( 23 ) litat« the recruiting for the Rebel States^ to divide the ftates into diftridls, and to appoint two or more perfons to recruit in each diftridl. — Thefe perfons had the eight Continental dollars. Q. What was the proportion between the hard and the paper dollars ? A, It is impoffible to fay ; — they are now from fifteen or twenty to one, Q. At the time the army was at Philadel phia ? A, I cannot fay; they might be three or four, or five or eight to one *. Q^ What have you known to be given for fubftitutes ? A. I have known from 40 1, to lool. Con tinental money f. Qi What number of men do you fuppofe are now ferving in our army in America, as Provincials ? > A. I have been informed, from 6 to 7000 — but I do not know of my own knowledge. Q. Were there any number of them em bodied as militia in any part of the country where the King's troops have been in pofTelTion ? A. I underftood, when I was at New York, that there was a body of militia formed at Long Ifland.-T-There were none in the Jerfevs, nor at Philadelphia. * The Continental money was conftantly flu£luating in its value. — When the Britifh army entered a province, its value was in a manner annihilated, arid the people ventur- td openly to refufe it. f Ry late accounts from gentlemen of the beil credit at New York, the extravagant fum of 200I. has been givea for a fubilitute. 2 Q^ Were ( 24 ; Q^ Were there ever any attempts made tci mduce the inhabitants to take up arms, and defend the country againft the incurfions of the Rebels either in Pennfylvania or the Jerfeys? A. Not as militia ; — there were corps en- lifted in Philadelphia. Q^ What number of men were there in Philadelphia capable of bearing arms ? A. At the defire of Sir Wilham Howe, I numbered the inhabitants of the city of Phila delphia and the fuburbs, diftinguifliing the males from the females," and taking the number of thofe between i8 and 60 years of age, — There were in Philadelphia and fuburbs, with in the limits, 4481 males under that defcrip- lion, Q^ Might not thofe men have been embodied as a militia for the defence of the city ? A, A part of them were Quakers — about one-fourth. — Thefe would not take up- arms on any account. — Lknow of no reafon why the others might not have been induced to take up arms. Q^ Were thofe who were found in atSlual re bellion, or known to be difaffecled, difarmed? A. In the city of Philiadelphia, the inha bitants that were difaffedted were difarmed by me, in purfuance of diredlions from Sir Wil liam Howe. .:.' - Q^ Were arms put into the hands of the well affedled inhabitants who had before been difarmed by the rebels ? A. Not generally. — A number of men, to the amount of eighty or ninety, came in from the country, where I generally refided in the fummer. ( 25 ) fummer, and offered to ferve without clothing or pay, with an allowance of provifions;— for thefe I procured from Sir William Howe arms 3 * — and another body of men that came frorri Jerfey, the numbers I do not know, had alfo arms put into their hands. Q^ Do you know of any inftances of the inhabitants taking up arms of their own accord in fupport of the King's authority ? A. There was a confiderable body of people of the back parts of North Carolina (the rebels in their account called them 1600)^ who took up arms in fupport ofthe King's authority, but they were attacked and defeated by the rebels *, — Another body in the peninfula between the Chefapeak and the Delaware (as I was well in-» formed, confifting of 2000), likewife took up arms in fupport of the King's authority.— Another party in the fame peninfula, at an other time (confifting of feveral hundreds), and another in the county of Monmouth, in the Jerfeys, confifting of about 100. — ^And I was well informed, that fome of the diftridls above Albany, at the time that General Burgoyne was advancing towards that place, took up arms, and prevented the difaffedled part of the di ftridls from joining General Gates; declaringj that if they went out to join General Gates, they would join General Burgoyne. * Some of thefe loyalifts were armed with puns, othei-s with clubs only. — Indeed this was the cirdumftance in every cafe where the people rofe in favour of Government j — their arms having been generally taken from them, under the or* der cf the Congrefs or Conventions. E Q^Did ( 26 ) Q^ Did you find many houfes deferted as the army marched through Jerfey, or in the way from the Head of Elk to Philadelphia ? A, General Howe happened toland his troops in a part of the country more difaffedled than any other part I know ; I mean Cecil county io Maryland. — At and about the Head of lElk, a number of inhabitants did defert their houfes, and carry off their effedls, but not all, — After Sir William Howe had advanced into the coun try from thence, about eight or ten miles, as near as I can guefs, I don't believe that I faw in the whole route of the army, from thence to Philadelphia, confifting of at leaft feventy miles, above ten, or, at moft, fifteen houfes deferted, — I think not fo many, but I chufe to be under tbe mark. — The inhabitants were found quietly at home ; and, to me, there appeared every mark of pleafure at tbe troops arriving in the colony, (^ What quantity of provifions did the army carry with it from the Head of Elk, or from Pencadder, where General Grant joined them ? A. I can't fpeak to that queftion from my own knowledge; but I was informed by the officers of the army that there was about four teen days provifions landed -[-. Q^ How long was it from the time you left Pencadder to the time the General received provifions from the fleet in the Delaware ? + A great part of thefe provifions mufl have been expend ed by the army befoie Sir William HoWe left Pencadder. — The army was landed on the 2fth of Auguft, and it did »ot march from, that place before the 8th of September. A. I ( 27 ) A. I think the army marched from Pencad der the Sth of September; and, to my beft recol- ledlion, the Welch Fuzileers went down, for the firft time, to the fhips below Philadelphia, to efcort up the firft provifions on the 3d of Odlober. Q^ How did the army fubfift during that time ? A. The army in their march got large quan tities of provifions fupplied by the inhabitants — They drove a large quantity of live ftock with them to German Town, and fome to. Philadel phia. — They got other provifions in the country. — They took a magazine of flour at Valley Forge, which I underftood was deftroyed. Q. While the Britifli army lay at Philadel phia, did the inhabitants from the neighbour ing countries, without the lines, bring in pro vifions, and were the rtiJlrkets plentifully fup plied ? A. The army lay at Philadelphia nine or ten months — there was in that city and fuburbs, within the Britifh lines, near 25,000 inhabitants — I include the number of people that came in, befides the real inhabitants tliere; thefe, with the army and navy, did not want frefli provi fions of all kinds whilft they remained at Phi ladelphia, Q^ In what ftate was Wafliington's army, in refpedl to provifions, while the Britifli army was thus fupplied ? A. Part of that time Wafliington's main ariry lay at Valley Forge — it was then in excicmr diftrefs for want of provifions — the deferte.s who came in informed me, that they were Icv.,- E 2 i^- ( 28 ) ral days at half allowance ; and fome that I ex-? amined told me, that they had had furloughs to go out into the neighbourhood to get provi fions. — At that time Wafliington received a confiderable part of his fupplies from the diftant parts of Virginia and North Carolina, brought up the Chefapeak, landed at Elk, and from thence conveyed to his camp at Valley Forge in waggons, The inhabitants v/ere fo averfe to the meafures of Congrefs, that they did not fup- ply him with provifions, Q^ Had not you correfpondence through many different parts of America, in order to furnifh General Howe with intelligence ? A. The General, in fome meafure, relied on me for intelligence — ¦ he had other means of getting intelligence, — I fent out to my friends on the Sufquehannah and to the Dela ware — it w^s ^n eafy thing fo to do,-T-The in habitants were continually going in and com ing out; and I defired that they would inform me of every thing material that happened in thofe parts refpedling the number of troops that fliould be coming to join Walhington, — I fent out many fpjes for the General on other occa- fions. — The General had the beft intelligence from other circumftances, which it wOuld be improper for me to mention. — The intelligence, I think, muft have been good, whilft Walh ington, in poffeflion of that country, complain ed of the want of intelligence, and faid he was in an enemy's country.— ^1 had this from an offi cer under Wafliington, — I would add, with re fpedl to the difpofition of the people, that petr fpfis came in to me from all quarters of the Middle ( 29 > Middle Colonies, and from their intelligence I anfwered the former quellion. Q^ To what caufe was it owing that Wafli ington's army was fo badly fupplied, when he had the command of the country ? A, Wafliington wanted flour and bread for his army, and grain and forage for his horfes.— He iffued a proclamation, commanding all the inhabitants within feventy miles of his camp northward, fouthward, and weftward, to threfh out their grain ; one half by the firft of Febru ary, the other half by the firft of March, under pain of having it taken from them, and only paid for as ftraw.^-rBut this proclamation was not obeyedr— Wafliington then was obliged to fend fome of the men of his army to the neigh bouring farmers to threfh out their grain, which he took and made ufe of without paying for it. Q^ Did Walhington find the people ready to fupply him with carriages ,'' A. He did not. — He got few carriages but what he took by force. — The people hid their waggon wheels, — He compelled them to pro duce them. — They then broke their wheels and difabled their waggons, which rendered it very difficult for him to be fupplied with waggons. Q^ In what ftate was Wafliington's army in refpedl to clothing in the campaign of 1777 ? A. All the deferters who came in to us, ex cept the Virginians, and a very few from the northward, were in a manner naked; — they were not clothed fit for the inclemency of the feafon. — Some of them had linen garments on, and thofe very ragged and torn, — Some with- put fhoes, very few with whole breeches or ftockings C 3° ) ftockings — in fliort, they were objedls of diftrefs when they came down to me to be examined.—* The Virginians had paffed a law, under which they authorifed Commiffioners to fearch the houfe of every inhabitant for whatever fpare cloth of every kind that might be fuitable for the army, and to feiie it for that purpofe, which Was executed, — The Virginians, therefore, were better clothed. — Wafliington fent into the countv of Bucks, where there was a confiderable quantity of cloth manufadlured, lying in their fulling-mills, and feized it for the ufe of his army ; but before it was conveyed to him it was taken by an American troop of light horfc and ibme refugees, and condudted to Philadel phia. Q^ What ftate was the rebel army in, in re fpedl to health ? A. From the time the rebel army was at Bof ton, to the time alluded to in the queftion, Wafhington's army was always very fickly, oc- cafioned, as the principal phyfician of his ho- fpital informed me, by the want of fait, and the eating of frefh provifions conftantly without fait, together with their often wanting clothes,- and other good appointments. — At the time alluded to in the queftion, Walhington had not lefs than ten hofpitals. — I examined onfe of th6 phyficians of thofe hofpitals, who gave me this information when became to Philadelphia. Q. What was the number of Wafhington's army at this time at Valley Forge? A. In the latter end of February, or begin ning of March, Wafliington had not 4000 effec tive men— from a great variety of accounts, from ( 3' ) from a nuttiber of people who lived by his camp, and from ofiicers of his own army. Q^ By what means were the numbers there diminiflied after the battle of German Town? A. By the means I have defcribed; ficknefs and defertion, Qi Could an army of 1 5,000 men fubfift up on the country in a march through the Middle Colonies ? A. Unlefs it is very much altered, and,that very lately, they certainly could, and a much greater army. The Middle Colonies are colo nies of provifions. — They have a plenty of cat tle and hogs ; and they abound with grain, In dian corn, wheat, rye, oats, and barley. Q^ What number of people do you fuppofe the Britifh army and its followers confifted of that were fed by the country in the march from Elk Head to Philadelphia, and until it iOpened its communication with the fliips ? A. The army and its followers, I imagine, confifted of about 20,000 men. — I underftood fo from officers of rank in the army — I never faw the returns — but I underftood ;hat to be near the number. Q^ What was the difpofition of the Middle Colonies in the fpring of 1778, before you left Philadelphia? A. i had good reafon to believe, from the enquiries I made refpedling the difpofition of the people, that they were very generally de firous of giving up their new rulers, and of being united with this country. Q^ Had you reafon to belive that any gen tlemen of v^eight and influence in Pennfylvania 2 were ( 52 ) were ready to exert themfelves in difarming the difaffedted in the feveral counties, and re* ftoring the counties to the peace of the King? _ A. Almoft from the time that I went to Phi* ladelphia with the army, to that of the evacuat ing of the place, gentlemen from many of the counties in the peninfula below, indeed almoft all, and feveral counties in Pennfylvania, Phila delphia county, Bucks, Lancafter, Chefter, Cumberland, and fome of the counties in Jer fey,' fent me affurances, that as foon as the Bri tifli army fhould operate againft General Walh ington, and drive him over the Sufquehannah, Or the Delaware, they would (could they be fupplied with the arms they wanted) exert them felves in reftoring the feveral diftridls to the peace of the crown, and that they had no doubt of accomplifhing it. — I believed this informa tion. — I will not fay whether I gave it to Sir William Howe ; becaufe I don't recoUedl whe ther I made out a ftate of the fadls before the intended evacuation of Philadelphia; but I gave a paper to this amount to Sir Henry Clinton, antj, i believe, to Mr. Eden and Governor Johnftone.— But I am nor certain whether I gave it to Sir William Howe or not. Q^ When Sir William Howe arrived off the mouth of the Delaware, were there any ob- ftrudlions to his landing below the Chevaux-de- frize, and above Bombay Hook ? A. There was no obftrudlioh that I know of, — There were no forts below the Chevaux-de- frize, nor any obftrudlion, unlefs the water- guard, that lay above the Chevaux-de-frize, miglit be deenit;d an obflrudtion, Q. Were ( 3i ) Q^ Were there, to your knowledge, any re gular force in the province of Pennfylvania at that time?' A. There was none — I made particular en quiry of the .inhabitants of Philadelphia and others. — I enquired of a gentleman who lived at NeWcaftle, and was on the fpot, Q^ What was the diftance between the Bite of Newcaftle and the road leading from Ellc Head to Philadelphia? A. About feven or eight miles. Qj^ Where was Mr. Wafhington's army at the time the King's fleet and army were off the Delaware ? A. They were in the Jerfeys. — 1 fpeak to this from a particular enquiry from the inhabitants in Pennfylvania; and, from the beft information I could get of Wafliington's army, they did not pafs the Delaware from Jerfey until about the ioth or i2th of Auguft. Q^ When did the rebels pafs through Phila delphia ? A, 1 was infornied that they paffed through about the 23d of Auguft, Q^ From whom had you that information ? A. I do not know it from my own know ledge, but from the general declaration of the people who were on the fpot. Q. Had you any communication with Sir William Howe, refpedling his going up the Chefapeak, and what communication ? A. After my return from Hillfborough to New York, 1 met on the road accidentally Lord Howe. From a converfation which paffed be tween us, I fufpedled that Sir WiUiam was F going ( 34 ) going with his fleet and army round to the Chefapeak. I forefaw, the difficulties he would meet with, and was diftreffed at it. Inftead of pursuing my journey to the city, 1 returned to mv friend's, where I had lodged the night before, Mr. Foxcroft, Deputy Poft-Mafl^r Ge neral of North America, I told him, that I apprehendeid Sir William Howe was going round to the Chefapeak, I aflced him for pen, ink and paper, I put down in writing thofe difficulties, which I thought Sir William Howe would meet with, and which he ought to be apprifed of When finifhed, I fliewed them to Mr. Foxcroft, and he approved of them, and I refolved to fend them to Sir William Howe, I carried them to Capt. Montrefor, through whom I often communicated wjth the Gene ral. Capt. Montrefor, on perufal, approved them alfo, and faid, he would cheerfully de liver them to the General. The difficulties I pointed out were in fubftance as foflows.— The diftance of the way round from the Hook to the head of Elk ; the conftarit prevalence of the foutherly winds along the, coaft at that feafon of the year. In order to induce Sir William Howe to prefer going up the Dela ware to the Chefapeak, 1 mentioned, that the diftance from Newcaftle to Lancafter, where I apprehended he might be going after Wafli ington's magazines, was nearly about the fame, as the diftance from the head of the Elk — that the country was more open, and the roads better; and that, fuppofing his objedl was the magazines at L.ancafter, his going up the De laware would be an excellent cover to his de figns, ( 35 ) iigns, as the enemy would naturally conclude that Philadelphia was his objedl, and not thofe magazines. Thefe, to the beft of my recol- ledlion, were the difficulties and fadls contained in the paper that I delivered to Capt, Montrefor, If I am miftaken in any piarticular, it is froni want of recolledlion, and Sir William Howe tan fet me fight, as he had the paper. About eight or ten days after I had delivered the paper. Sir William Howe fent for me by Capt^ Montrefor, and afl^ed me, how I knew he was going to the Chefapeak? I anfwered, I did hot pofitively know it. He faid, I did, from the paper before him. I replied, the paper was not pofitive, but conditional, fuppofing he intended to go there. He then afked, whether my objedlions refted on the difficulties of the navigation of the Chefapeak ? I replied, they did not. I was a very little while with Sir Williatti Howe, and I don't reeolledl any thing elfe that paffed. Q^ When it was known in Philadelphia, that that city was to be evacuated, what effedl had it on the minds of the inhabitants ? A, The .inhabitants of that city, a very few excepted, were faithful and loyal fubjedts of the Crown; many of them had taken a very decifive and adtive part on the behalf of the Crown — a meafure of that kind could not fail, therefore, to ftrike them with great difmay and diftrefs. .Q. Did you, or any other perfon, to your knowledge, apply to the Commander in Chief, upon this occafion, for advice, refpedling the F a mealures ( 36 ) meafures proper to be purfued for your perfo- nal fafety, and v/hat was the advice given ? A. Sir Wifliam Erfkine came down to me from Sir William Howe and Sir Henry Clin ton, to give me notice, as fuperintendant of the city, that it was to be evacuated. I fent for the magiftrates that were adting under mc, immediately, to confult them refpedling our own fafety, and that of the inhabitants, who had taken a decifive part on behalf of the Crown. In our converfation, Mr. Schoemaker repeated what he had told me a few days be fore, that Sir William Howe had advifed him to go over to Wafliington, and make his peace. It was natural for us to confult together upon the confequences of that advice, and we all re folved not to follow it. However, we thought it neceffary, as our fafety was ftill unprovided for (our lives being attainted, and all that we had in the world confifcated), ftill to know what was to become of us. The magiftrates, therefore, requefted I would wait on Sir Wil liam Howe on the occafion, which I accord ingly did immediately, when he gave us the fame advice. I ftarted, a difficulty refpedling the pradticability of it ; upon which he advifed us to apply to Sir Henry Clinton to procure a flag to go out for that purpofe. I returned to the magiftrates, and reported what had paffed; and we then ferioufly debated and confidered among ourfelves, whether we fhould follow the advice. One of the magiftrates did not fay fo much on the fubjedl as the two others did, which induced me to put the queftion fingiy. ( 37 ) fingly, whether we Ihould follow the advice or not. I put it to the magiftrate who had faid little firft. His anfwer was immediately in the negative, and we unanimoufly agreed not to follow it. We however refolved, before we parted, to communicate our circumftances to Sir Henry Clinton, with the advice that was given to us, as we knew upon him, in a few days, the command of the army would devolve. I wrote a letter to Sir Henry Clinton, requeft- ing an interview upon a matter which highly concerned the magiftrates and citizens of Phi ladelphia. Not receiving an anfwer from Sir Henry Clinton fo foon as I expedled, and Col. Innis, a confidential friend of Sir Henry Clin ton, calling on me, I communicated the whole that I have mentioned to him, and reiquefted he would fpeak to Sir Henry Clinton on the occafion. A good deal paffed between us. He feemed alarmed that we fhould be ad vifed to go over to the eneniy, and pointed out the confequences that would attend it, and immediately offered to go to Sir Henry Clin ton, and bring us an anfwer relative to our perfonal fafety. He foon returned and in formed rne, that what he Ihould fay I was not to underftand as official from Sir Henry Clin ton (he did not fay fo— but I underftood, at the time, it was becaufe the command had not then devolved on Sir Henry Clinton), and in formed me, that Sir Henry faid, he could not have granted a flag on fuch an occafion, had we requefted it — that the game was not up— . that the war was not over, but would ftill be carried on vigoroufly, and defired that we 2 would C 38 ) would not Entertain a thought of going over to the enemy. Q^ If the magiftrates of Philadelphia had gone over to the Rebels, what effedt would that meafure have had in America ? A. If the magiftrates of Philadelphia had gone over to the Rebels under that advice, it would certainly have had every pernicious effedl. — The people in general would have be lieved what the Rebels at that time induftrioufly propagated. — that the conteft was given up, and that America was to be evacuated. — They would, or at leaft great numbers of them would, have taken the oaths of allegiance, and abjuration to the States, and become their perfedl fubjedts. Q^ Did you attend the army from Brunfwic to Trenton in 1 776 ? A. Yes. Q. At what time did the army march from Brunfwic, and at what time did it arrive at Prince Town that day ? A. I lodged with General Vaughan the evening before, and underftood the orders were to march at four o'clock, — The army did march very early ; they arrived at Prince-Town about four o'clock in the afternoon. CX Where was Walhington and his army at that time ? A. The main body of his army was at Tren ton, a part at Prince-Town, and I believe a few advanced nearer to Brunfwic, to obferve the motions of the Britifli army. Q^ Had you information, which you had reafon to believe, witb regard to the time of of (¦ 39 ) of Wafliington's leaving Prince-Town that day ? A. I was informed by feveral of the inha bitants of Prince-Town, and particularly by the gentleman with whom I lodged, that Walhington had left it ab.,rt an hour before the van of the Britifh army arrived. Q^ At what hour the next morning did the army march from Prince-Town to Trenton, and at what time did the army arrive at Tren- • ton ? A. To the beft of my recolledlion, the armyJ marched between eight and nine o'clock -in the morning, and arrived at Trenton about three in theafternoon, Q^ Do you know what was General Wafhing ton's force at that time, and by what means do you know it ? A. I have faid before, that General Wafli ington's force confifted at that time of about 3300 men. — A number of the inhabitants of Trenton made his force lefs ; but Major Barnes, of the Provincial corps, who lived in Trenton at the time, and at whofe houfe Wafliington took up his head-quarters, informed me, that by a return made to Wafliington the day before he paffed the Delaware, his whole army, ex cepting Lord Sterling's brigade, amounted to 2900 men; — and Lord Sterling's brigade did not, at that time, amount to 400. Q^ Is it your opinion, that it was poffible or not, to have overtaken General Wafhington's army before it had croffed the Delaware ? A. 1 am no military man, and can fpeak pnly to fadls, which, as far as they go, I am ready ( 40 ) ready to anfwer. — Had Sir William Hovre marched from Prince Town at four o'clock in the morning as he did from Brunfwic, or at three o'clock, as he did from Philadelphia, to White Marfh, he certainly would have been at Trenton four or five hours fooner than he was. — Wafhington's laft boat, in which he carried over his army, had not reached the oppofite fliore, when the van of the Britilh army arrived at Trenton. Q^ How far is it frorn Prince Town to Tren ton ? A, Twelve meafured miles. IVithdrew. Veneris ,i iS°die yumi, 1779. COMMITTEE on P A P E R S prefented by Mr. EXe Grey, the 19th of March laft, purfuant to Addrefs. Mr. MONTAGU in the Chair; JOSEPH GALLOWAY, Efq; called in, and examined by feveral Members of the Committee. C^TTTHETHER, in your opinion, the VV "v^'' Delaware might have been croffed by Sir William Howe when he came down to Trenton with the army, and your rea fons for that opinion ? A. There does not appear to me to have been any difficulties to have prevented the Britifli army from paffing the Delaware in De cember 1776, when Sir William Howe was at Trenton,— I have faid, that Wafhingtpn's force was but fmall. The river Delaware, in and about Trenton, is from 3 to 400 yards G ^ wide. ( 42 ) wide, — At a place called Bond's Ferry, about two miles below Trenton, I think the diftancp acrofs the river is very near 300 yards, — The ground at the place I have mentioned (Bond's Ferry) is high, and perfedlly commands the fliore on the oppofite fide, far beyond cannon fhot. — Under thefe circumftances, I know of no difficulty except that of the want of boats or pontoons. — I had a converfation with Captain Montrefor. OhjeSiion being taken to Mr. Galloway'j giving an account of this converfation^ he was ordered to withdraw. JgAin called in. Q^ Had you any occafion to examine par ticularly into the pradlicable means of pafling the river ? A. The converfation I intended to have mentioned, was only as introdudlory to a moft material fadl, which was, that, at Captain Montrefor's requeft, I did enquire, whether there were any materials in or about Trenton, with which pontoons, boats, or rafts might be conftrudled; and I found 48,000 feet of boards, a quantity of iron, and there was timber enough about Trenton for that purpofe. Q^ Did you find boats or fchoughs ? A. I didi — there were two boats in a mill pond, at a little diftance from Trenton.— I did not fee them, but they were reported to me to be there, Q^ How many men would thofe boats carry at a time ? A, I underftood from fifty to fixty men a-piece, QAn C 43 ) Q. In what time, from the information you got, did you underftand that a bridge might be made to pafs the river ? A. I am not competefit to anfwer that quef tion from my own judgment, and I made no enquiry refpedling it. Withdrew. Called in again. Q^ Did you fee the boards you mentioned ? A, I did not. Q. When the Britifli troops took poffeffion of the Jerfeys, were any proclamations iffued, or meafures taken to conciliate the minds of the people to the Britifli Government ? A, There was a proclamation ; I underftood it was iffued when Sir William Howe was in the Jerfeys ; I met with it at Brunfwic, I real ly cannot be certain as to the date. — By this proclamation, a pardon was offered to all fuch of the inhabitants as Ihould come in and take the oath of allegiance to the crown, with a promife or engagement to protedl them in their perfons and properties, Q^ In what manner were the inhabitants treated by the Britifli troops after they received their protedlions ? A. Many of them, by far too many, were plundered of their property while they had their written protedlions in their hands, or in their houfes,— Friends to Government, and thofe difaffedled to Government, fliared the fame fate in a great variety of iaftances. Withdrew. G 2 '^gain ( 44 ) /igain called in. Cj Was that laft anfwer given from your own knowledge ? A, From my own knowledge. Q. By whom were fuch inhabitants plun dered after they had received their protec tions ? A, By the Bi-itifli and Heffian troops, Q^ To your own knowledge ? A. I fliould be happy if the Committee would let me explain myfelf, — It may be ex pedled, that I ought not to anfwer, to my own knowledge, unlefs I faw the fadl committed. —That I did not, and yet I can affign fuch reafons, I think, as will juftify me in faying— to my own knowledge, — The people plundered have come to me recently from the fadl, with tears in their eyes, complaining that they were plundered of every thing they had in the world, even of the pot to boil their vidluals. — I myfelf drew a memorial to Sir William Howe, in behalf of a friend to Government, who had been plundered of many thoufands in Madeira wine ; — that memorial was prefented, — the de termination of it was referred to General Robertfon, whether the perfon fhould be paid' for the wine or not (the perfon was Mr, Sharp of New York), This was fettled, and I have reafon to know of many other memorials that were prefented on the like occafions. — I have feen them before they were prefented ; — and as to the fadl of the plunder, many affidavits were taken on that occafion by the enemies to Go vernment, C 45 ) vernment, which affidavits were publifhed throughout all America *. Withdrew. .Again called in. ol Was you with the army when they marched from Brunfwic to Hillfborough ? A. I was. Q. Do you know of any roads leading round Mr. Wafliington's camp at Middle Brook, on the North, by which Sir William Howe might have paffed round between him and the Dela ware and his magazines ? A. I never paffed the^oad from Brunfwic to Middle Brook f. Q^ Where were Wafhington's magazines at the time you were in the camp at Middle Brook ? A. His artillery magazine was at Norrington, about fifteen miles from Philadelphia. — The magazines of provifions were at Lancafter, * Whoever wifhes to be fully fatisfied in refpeft to the indifcriminate plunder and wanton deflruftion of property committed by the Briti.'h foldiery, in the county of Weft Chefter, in the province of New York, and in the towns of Newark, Elizabeth-Town, Woodbridge, Brunfwic, Kingllon, Prince Town, and Trenton in New Jerfey, are referred to the Pennfylvania Evening Pofts of the Z4th and 39th of April, ift, 3d, and lothof IVIay 1777. -f- The chart of New Jerfey will fliew, that there is a road leading from Brunfwic to Bound Brook, and from thence to Eafton ; and it is known, that in that part of the country, which is full of plantations, there are many roads leading round Wafliington's camp on his right and left, in which there can be no doubt buc Sir William Howe might have pafled with his army even to the Delaware. With thefe fadls he could not be unacquainted, as the Surveyor ti the diftridl in which Waftiington was encamped, was at the time with the Britifh army. 5 Manheim, ( 46 ) Manheim, Carlifle, Lebanoh, and I believe fome at Reading— all in Pennfylvania, — I fpeak from accounts brought to me at New York, which I gave to Captain Montrefor. Q^ Could General Wafliington, in your opinion, in cafe General Howe had croffed the Delaware, have remained in the Jerfeys when his magazines were in the places you have mentioned ? A. He certainly might if he had chofe it, and had determined to abide the confequences which might have attended the lofs of his- magazines *. i* Q^ Do you apprehend he might have main tained his army with provifions and ftores with out thofe magazines ? A. Not in any fliort time. Qj^ Were there any preparations made by General Howe for crolTing the Delaware at or before his march to Hillfborough, and what were they? * Had Waftiington remained in the Jerfeys, and per mitted Sir William Howe to have pafted into Pennfylvania without giving him battle, his magazines of military ftores and provifions muft have been loft, if Sir William Howe had chofen to have taken them, — Philadelphia muft have fallen into his hands, and the whole province fubmitted. — It is therefore not to be ptefumed, that Wafliington would have been fo deftitute of regard for his own intereft, as not to have either fought the Britifli army in Jerfey, or have left his ftrong poft, as it is called, and paffed over the Delaware with a view to the defence of objedls upon which the force and exiftence of his army fo materially depended. For thefe he fought at Brandy Wine in Auguft, and for thefe he muft have fought in New Jerfey or Peanfytyania in June, or loft them, A. Thwe ( 47 ) A. There were a number of pontoons built at New York ; a number of flat-bottomed boats prepared' and put upon carriages ; — thefe were carried to Brunfwic; taken out of the water and put upon carriages at Brunfwic — they were not carried to Hillfborough, but left at Brunfwic. Q^ Do you know whether the Delaware is fordable above or below Trenton ? A, In the fummer, it is fordable in a great variety of places,— -In June, Jifly, Auguft, September, and Odlober, the paffage over is interrupted occafionally only by heavy rains. — The frefhes in the Delaware generally fubfide in four or five days after the rain ceafes, Q^ Were there any particular circumftances to make you fuppofe it was not fordable at 'that time ? A. Whether the rain, while we were at Hillfborough, made it unfordable or not, I cannot tell, Q. Have you had your pardon ? A. I have not. Here the witnefs was interrupted, and ordered to withdraw. Again called in., and ¦proceeds h. his anfwer to the laft quejtion. A. I did not apprehend, and I am perfedlly confcious in my own mind, that I have never done any thing that requires a pardon. I beg that I may have an opportunity, in a brief man* ner, of explaining my condudl in Congrefs — and then I will proceed to fliew that a pardon was denied, as unneceffary. — I went into Con grefs at the eameft folicitation of the Affembly of Pennfylvania.— I refufed to go, unlefs they would ( 48 ) would fend with me, as the rule of my condudl, inftrudlions agreeable to my own mind ; — they fuffered me to draw up thofe inftrudlions ; — they were briefly, to ftate the rights and the griev ances of America, and to propofe a plan of amicable accommodation of the differences be tween Great Britain and the Colonies, and of a perpetual union ; I fpeak now from the records of Pennfylvania, where thefe inftrudlions are. Upon this ground, and with a heart full of loyalty to my Sovereign, I went into Congrefs, — and from that loyalty I never deviated in the leaft, I propofed a plan of accommodation in the Congrefs, agreeable to my inftrudlions ; — fome of the beft men, and men of the beft fortunes, efpoufed the plan,,, and drew with me. —It was propofed and debated a whole day, and carried upon the queftion, fix Colonies to five, that it fliould be refumed and further con fidered.— I have in my hand the introdudlory refolve of Congrefs in my own writing, which identically was delivered by me in Congrefs.— It is indorfed in the hand of Charles Thomp- fon, the then and prefent Secretary to the Con grefs. — The introdudlory refolve is but fliort, and I will, therefore, for the information of the Committee, and in vindication of my own reputation, beg leave to read it. He read it as follows: J' Indorfed^ « Mr. J, Galloway's MotiOft^! aSth Sept. 1774.'* « Refolded, " That this Congrefs will apply to his Ma- jefty for a redrefs of grievances, under which his ( 49 i hjs fdthful fubjfefts in America labour, and affurehim, that the Colonies hold in abhor rence the idea of being confidered independent communities on the Britifli Government, and moft ai*dently defire the , eftablifliment of a political union, not only among themfelves, but with the Mother State, upon thofe princi-^ pies of fafety and freedom which are effential in the ,conftitution of all free Governments, and particularly that of the Britifh Legiflature. And as the Colonies, from their local circum ftances, cannot be reprelented in the Parlia ment of Great Britain, they will hunibly pro pofe to his Majefty and his two Houfes of Par liament, the following Plan, under which the' flrength, of the whole empire may be dr.awn tO' gether on any emergency .^ the . intereft of both countries advanced, and the rights and liberties of I beg further to obferve, before I read thd Plan, that my gteit objedl was to prevail on the Congrefs to take the ground of accornmo- dation, and to avoid that of arms ; and there fore, in forming the plan, I omitted feveral things that I thought might obftrudl their taking that ground. I do nOt, therefore, pro^ pofe it aS a perfedl plan, nor altogether as a plan of my judgment. Withdrew. Called in again, ahd proceeds. The reafon why the plan was not altogether to my judgment was, becaufe I thought it would admit of fome very material additions, and not that I difapproved of the plan as far as it went. Reads the Plan, as follows : H ^PLAN ( 50 ) "A TLAN of a prcfo/edUNlOi^ Be- tween Great Britain and the Colonies of New Hampfhire, the Maffachufet's Bay, Rhode Ifland, Connedicut, New York, New Jerfey, Pennfylva nia, Maryland, the three Loiver Coun^ ties on the Delaware, Virginia, North Carolina, South Carolina, and Georgia. " THAT a Britifh and American legifla ture, for regulating the adminiftration of the general affairs of America, be propofed and eftabliflied in America, including all the faid Colonies, within and under which govern ment each Colony fhall retain its prefent con- ftitution, and powers of regulating and govern ing its own internal police in all cafes what ever, " That the faid Government be adminiftered by a Prefident General to be appointed by the King, and a Grand Council to be chofen by the Reprefentatives of the people of the feveral Colonies in their refpedlive Affemblies, once in every three years, " That the feveral Affemblies Ihall chufe Members for the Grand Council in the foUow ing proportions, viz. New Hampfhire, Delaware Counties, Maffachufet*s Bay, Maryland, Rhode Ifland» Virginia, Connedticut, North Carolina* New York, South Carolina* New Jerfey, Georgia. Pennfylvania, ( 51 7 who Ihall meet at the city of for the firft time, being called by the Prefident General, as foon as conveniently may be after his appointment, *' That there fhall be a new eledlion of members for the General Council every three years; and on "the death, removal, or refig- nation of any member, his place fhall be fup plied by a new choice at the next fitting of the Affembly of the Colony he reprefented. " That the Grand Council fhall meet once in every year, if they fhall think it neceffary, and oftener if occafion fhall require, at fuch time and place as they fhall adjourn to at the laft preceding meeting, or as they fliall be called to meet at by the Prefident General, on any emergency. " That the General Council fhall have powei- to chufe their own Speaker, and fhall hold and exercife all the like rights, liberties, and privi leges as are held and exercifed by and in the Houfe of Commons of Great Britain. " That the Prefident General fliall hold his office during the pleafure of the King ; and his aflent fhall be requifite to all adls of the Grand Council, and it fhall be his office and duty to caufe them to be carried into execution. " That the Prefident General, by and with the advice and confent of the General Council, hold and exercife all tlie legiflative rights, powers, and authorities, neceffai-y for regu lating and adminiftering all the general police and affairs of the Colonies, in which Great Britain and the Colonies, or any of them, the (Colonies in general, or more than one Colony, Ha are ( 5» ) are in any manner concerned, as well civil and criminal as pomroercial. " That the faid Prefident General and Grand Council be an inferior diftinSi branch of the Britifi) Legiflature, united and incorporated with it for the aforefaid general purpofes, and that any of the faid general regulations may origi nate, ^nd be formed and digefted, either in the Parliament of Great Britain or in the faid Grand Council, and being prepared, tranf-r mitted to the other for their approbation or dif- fent ; and that the affent of both fhall be re-? quifite to the validity pf all fuch general adls or ftatutes. " TJiat in titne of war, all bills for grant ing aids to the Crown, prepared by the Grand Council, and approved by the Prefident Gene- fa}, fhall be valid, and paffed into a law, with out the affent of the Britifh Parliament," Upder the circumftances of my whole con dudl, as well in Congrefs as out of it, I did not apprehend, that I had done any one adl that required a pardon ; and yet, as I was a member of that Congrefs, I did apply to the then adling Secretary of the Commiflioners, and tendered myfelf to comply with the Pro clamation, by taking the oath of allegiance, and thereupon to receive a pardon *, ¦' ' ¦ ¦ Q^What * The plan propofed by Mr, Galloway gave the inde pendent faftion much uneaiinefs, as they faw it contained the great outlines of an union vfrith Great Britain, which were approved pf and fiipported by a confiderable majority of the gentlemen pf abilities, fortune, and influence, then in Congrefs ; from whence they juftly concluded it would be agreeable to the people at large ; and, Ihould it be ' adopted ( 53 ) Q. What year was it you tendered youp? felf ? A. I think it was in January, 1777. I was told by Mr, Searle, who was the Secretary, that adopted as the ground of reconciliation, their fcheme of Independence would be totally fruftrated. Mr, Adams and his party left no means in their power uneflayed, to pre., vail on the members of Congrefs to rejeft it on the fecond reading, and left this ftep fliould fail of fuccefs, to incenfe the mob in Philadelphia againft it. At this time, the minds of the lower ranks of people in Philadelphia, who were governed in a great degree by Mr. Adams, being prepared for the moft violent meafures, Mr, Galloway and his friends thought their perfonal fafety depended on not renewing the potion. But this did not fatisfy the violent party in Con grefs, Confcious that it would be approved of by the peo ple at large, if publilhed, and believing that Mr, Galloway \vould not venture to make it public, they procured a ma jority, who ordered it, with the introduflory motion, to be erafed from their Minutes. However, after the Con grefs broke up, much pains being taken to traduce the con dudl of Mr. Galloway, he thought it neceflary, at all events, to vindicate his injured charafter, by ftating the rights of both countries, upon the ground, and from the argutaents he made ufe pf in the Congrefs. This vindication, with the uniform and indefatigable oppofition which he gave to every violent meafure tending tp a feparation of the Colo nies from Great Britain, will appear in two pamphlets, en titled, " A candid Examination of the mutual Claims of Great .Britain and the Colonies, with a Plan of Accommo dation on conftitutional Principles ;" apd " A Reply to an Addrefs to the Author of a Pamphlet, entitled, A candid Examination, &c." Immediately after this Congrefs was diflblved, Mr. Gal loway publiflied his plan in the firft mentioned pamphlet, and gave to the people the following account of his condudl. " In order to prevail on the Congrefs to defert their fcheme of Independence, and to purfue thofe meafures for reftoring the rights of America which carry with them a profpeft of fuccefs, he propofed a plan of union between the two countries, which would have reftored to the Colonifts the ^uU enjoyment of their rights. He waited firft, with pa- "¦ - tience. ( 54 ) that he would not give a pardon, becaufe it was not neceffary. I defired he would men tion it to Lord Howe. I faw him a few days after, and applied again for a pardon. I re ceived tience, to fee whether any fcheme of union would be adopt ed by the Congrefs, determined to unite with them in any meafure which might tend to a reconciliation ; but he waited in vain. And when he found them bewildered, perpetually changing their ground, taking up principles one day, and ihifting them the next, he thought it his duty, however little the profpeft of fuccefs, to fpeak his fentiments with iirmnefs, and to endeavour to fliew to them the true line of their duty. And after proving the necefjity of a supreme auihority over every member tf the ftate, tracing the rights of the Colonies to their origin, and thence ftiewing the ne- ceffity of an union with the Mother-State, he introduced the plan with the refolve which precedes it ; but declared, that he was fenfible it was not perfedl— that knowing the fundamental principles of every fjiftem muft be firft fettled, he had, to avoid perplexity, contented himfelf with only- laying down the great outlines of the union ; and fliould they be approved, he had feveral propofitions of leffer con fequence to make, in order to render the fyftem more com plete. The plan being read, and warmly feconded by fe- veral gentlemen of the firft abilities, it was referred, for fur ther confideration, by a majority of the Colonies. Upon this promifing afpedl of things, he was led to fign the Non importation agreement, although hi b.ad uniformly oppofed it." See page 51, jz. The efforts of this gentleman in Congrefs, to prevail on them to defert their views of Independence, being fruftrated, he returned to the Affembly, where he was again unani moufly eledled to the chair; but he refufed it, wiftiing to be on the floor to fpeak to meafures he had refolved to pro pofe in that body. Thefe were, that they would take the ground of negociation, not of arms — to difapprove of the proceedings in Congrefs, and to withdraw their Delegation from it. The firft and fecond he carried on a divifion 18 to 14, and the third he loft by a lingle vote only, occafioned by feveral falfe and feditious letters, written by the difaffedl ed in this country, which unfortunately arrived on the morn- ing before the queftion was put, Notwithftanding this condudl. ( 55 ) ceived the fame anfwer, that he would not givd me one, becaufe it was not neceffary. Q^ Is Mr. Searle a barrifter at law, and what OfBce was he in ? A. I don't know whether he is a barrifter i he was adling Secretary to the Commiflioners, and was granting pardons. Q. Did you ever apply to Lord, Sir Wil liam Howe, or Mr. Strachey their Secretary, on that fubjedl ? A. Not perfonally. I thought two appli cations to the adling Secretary were fufficient. Qj^ Are you not of the profeffion of the law? A. I am. Qj Did you think that Mr. Searle under- condufl, the fame Affembly unanimoufly appointed him, when abfent, again to reprefent them in the next Congrefs. On his feeing the minute, he informed the Houfe he would not ferve them in that capacity, and infifted they fhould erafe the appointment; but fuch was their confidence in him, and hope that he would change his refolution, they could not be prevailed on to do it, although he declared, if it would be decent, and the minute was in his power, he would erafe it himfelf. After he found thefe exertions to ftem the torrent of vi olence in vain, he retired to his feat in Bucks, where hs remained feveral months in the utmoft danger from mobs raifed by Mr, Adams to bang him at his own door ; but ^hefe were fuppreffed by the vigilance and affedlion of his friends in the city. Soon after, the Congrefs being defirous to gain him over to their meafures, and iioping that his danger might induce Jiim to change his condudl. Dr. Franklin came up to him in Bucks, and earneftly folicited he would join in their mea fures, ; but, unalterably fixt in his duty to his fovereign, he refufed, determined to abide the confequences, however difaftrous they mjghi prove to himfelf and his family. ftood ( 5^ 5 flood the hature of your proceedings in Cdfl^ grefs better than yourfelf ? A. I imagine he did not; nor do I think a perfon being in an affembly of people (if I underftand any thing of the law), which af fembly does an illegal adl, and that perfon docs not affent, but objedls to it (as all guile muft originate in the mind), is guilty ; and I believe no authorities of the law will juftify a contrary dodlrine. Q^ Have you not figned the Affociation ? A. I did — and I will give my reafons. I did it on the ground of preventing the Con grefs from proceeding to more violent mea-* fures ; and even when I confider that Aflb- ciation, if this was a proper place to reafon on the figning of it, I think there was no degree of guilt in it. Q^ Does not that Affociation begin with a declaration, purporting, that the fituation of American affairs was unhappy, and that it was occafioned by a ruinous fyflem of colony ad miniftration, adopted by the Britifh Miniftry about the year 1763, evidently calculated for enftaving the Colonies, and with them the Britilh empire— that adls were paffed for de priving the American fubjedls of the, confti tutional trial by jury, expofing their lives to danger by a new and illegal trial ; and that the Qiiebec Adl for the eftablithment of arbitrary government, difcouraging the fettlement of the Britifh fubjedls in that country, and to difpofe the inhabitants to adl with hoftility againft the free proteftant Colonies, whenever a wicked miniftry fhould choofe to diredl them ? 2 A. I ( '51 ) A. I declare to this Committee, I don't knOW whether that was in the Affociation or not.— I have never read the Affociation fince I figned it, which was near five years paft, I liked it fo little. Q^ Did you read it before you figned it ? A. fdid not read it before I figned it, but it was read to me,' or elfe I could not have faid I diiliked it, Q^ You figned it nbtwithftanding .? _ A. I did fign it notwithftanding, and I have given my reafons for ic *. Q. Did it not contain an agreement, not to import from Great Britain ihtb Atherica the goods vv^hich might legally have been import ed, or to export thofe which might legally have bieen exported to Great Britain ? A. The fubftance of the Affociation is really out of my mind. — I fuppofe it did.— I am ready to ainfwerall queftions, although they may tend to criminate myfelf, if the Committee approve of it. Q^ Whether this Affociation did riot contain a refolution that they would never have any con- nedlion with any merchant that made fuch im portation or exportation ? * Many of the introdildlory fentinieiits contained in th^ alTociation agreement were ufed by the Congrefs on various other occafions. — Mri Galloway muft have a very tenacious and extenfive memory to have recoliedled particular fenti- menti contained in a paf-iiicular paper; which he had not read in the courfe of five years. If he had retollefted that the claufes mentioned in the queftion were in the agreement; he could have no motive to deny it, as he knew the agree- njsht muii prove whether they were in ii or noti 1 A. I ( 58 ) A. I don't recoUedl any one particular article of the Affociation. If the honourable Member will give me the paper in his hand, which I fuppofe contains the Affociation, I will inform him. Q^ Whether that Affociation was not to con tinue until feveral adls of parliament were re pealed ? A. It is very probable it might. — I don't re eolledl when the Affociation expired, nor the terms upon which it was to expire. — The Affo ciation is a public paper, and will fpeak for it- felf Q^ Do you think, if fuch refplutions be con tained in the Affociation, they are agreeable to law? A. I am ready to fubmit to the decMion of the law, with refpedl to that matter, whenever 1 am called upon. Q^ Did you not fit in the Committee of Grievances? A. I fat in the Grand Committee that were appointed to ftate the grievances, and propofe the Plan of Accommodation with Great Britain, —It was one Commi.ttee. Q^ Did not that Committee come to a refo lution that three ftatutes, viz. The Bofton Fort Bill, the Maffachufct's Charter Bill, and the Adl for' the impartial Adminiftration of Juftice, are impolitic, unjuft, and cruel, as well as un- conftitutional, and moft dangerous and deftruc- tiveof American rights? A, They did, I believe, but not with my approbation ; becaufe I thought then, and think ftill. ( 59 ) ftill, there were fufficient grounds for making thofe adls, Q^ Did you declare that in Congrefs ? A, I don't know that I did — I do not re coUedl,— It is very poffible I might ;— for I did in Congrefs things equally difagreeable to the violent party— infomuch that they fent me a halter, with a letter attending it, threatening to put me to death if I did not make ufe of it.-^ — This much I can fay, that there was no violent meafure propofed in ic, that I did not oppofe, and to which I did not infift upon leave to en ter my proteft, which was denied me. Q^ Who lent that halter and its accompani ments ? Was the letter figned by Charles Thomp- fon, Peyton Randolph, or by any other Mem ber of Congrefs ? A. I don't know pofitively who fent it ; it was fome infamous affaffin, I prefume, on the part of the violent part of the Congrefs. — It was reported that two Members of the Congrefs were concerned irt it; but as I don't know the fadl, I don't mention their names. — The letter was anonimous. Q^ Do you know that you offered yOur pro teft on that queftion of the refolves concerning the three ftatutes ? A. I don't remember that particularly, more than in the courfe of the other parts of my condudl. Q_ Do you remember that the Congrefs came to a refolution, that the dutiful, humble, loyal, and reafonable petitions of theii" Affemblies to the Crown for redrefs have been repeatedly I 2 treated ( 6p ) treated with contempt, by his Majefty's Mini- fters of State? A. I really don't recoUefc that they came to fuch a particular refolution. — Poffibly they might, and it is very probable thty did.— I have qqt read over the proceedings of Congrefs fince' I left it. ^ Q^ Did they come to a refolution, that the keeping a ftanding army m the colonies in time of peace, without the confent of the Legifiature cf that colony in which fuch army is kept, is againft law ? A. They did — I remembfe*^t, Q^ Do you think that is agreeable to law ? A. I have no delicacy in anfwering that quef tion. — Buc, as a lawyer, I would wiOi to con fider queftions of law before I give an opinion. r — I ever made it my pradlice in matters of much lefs confequence than the prefent, Q^ Did you in that queftion vote before you had confidered it ? A. I imagine no^, — I muft have confidered it; in the courfe of the debate. Qi Have you forgot what you thought of it ^t that time ; whether you then confidered it as a true or a falfe propofition ? A. I really don't recoUedl what I thought of it; and I fhould wifh to confider it before I give my opinion now : was it propofed to me out of this Houfe, with a fee for my advice, I fliould choofe to reconfider it. Q^ Whether the ten refolutions come to by the Congrefs in confequence of a report from the Grand Committee, which they demanded as ( 6i ) their indubitable rights and liberties, are not entered in the journals as being paffed Nemine; Contradicente ? A. I don't recoUedl, at this time, how they were entered ; but this 1 know, that many re folutions of Congrefs, when they were publifh ed, I found them entered unanimoufly, and Nemine Contradicente, when they were not fo as to the individual Membei-s, — The votes of the Congrefs were taken by colonies ; fome of the colonies were reprefented by nine Members ; fome by feven ; fome by five ; and fome by three ; and whenever a -majority of the Me^n- bers, reprefenting a colony, was for a queftion, it counted one ; although four out of the nine were exprefsly againft the queftion ; and when all the colonies gave a vote in this way in the affirmative or negative, it was entered unani moufly, or Nem. Con.; although in fome in ftances there were one-third of the Members prefent againft the queftion carried. Q. Do you recoUedt that thefe ten refolutions, which were confidered by the Congrefs as their Bill of Rights, met with any confiderable oppo- fitiop ? A. They did meet with a very confiderable oppofition. — The Committee fat near three weeks. The gentlemen who drew with me in oppofition perplexed the propofals made by the violent party, as we adied entirely on the de- fenfive; — fo that they did not come to a fingle refolution for better than a fortnight, neither in ftating their rights or their grievances. — And, as well as I can recoUedl, the Grand Committee did not determine on thofe refolutions. — To the beft ( 62 ) beft of my knowledge, the Commiitee was dif- folved before they were voted, and that owing to the oppofition thefe refolves met with. Q^ Did you give any confiderable oppofition to thofe refolutions, on the report, to the whole, or to vvhich of them ? A. I have not one fingle one of them in my memory now; fo I cannot fay which I oppofedj and which not. Q. Did you oppofe any of them on the re port ? A, I did make an oppofition to fome of them, I make no doubt, but I can't fay which. Q^ Are you pofitive you made any oppofition to any of them ? A. If I could fee the ten refolutions, I could anfwer — otherwife not. \^He looks over the refolutions in a printed book.'] I oppofed the ift and the 4th, — The 2d and 3d I don't recoUedl; — The 5th I did not, nor the 6th.— The 7th I don't recoUeft,— The Sth I rnuft have oppofed. — -I was of a contrary opi nion to the 9th, and believe I oppofed it. — As to the 10th, I d<)n't recoUedl. Q. Are they not aU great fundamental points concerning the principles of the Britifh conftitu- tion, which you as a lawyer mUft have frequent ly confidered ? A. I may have confidered thein, but I don't know how frequently. Q^ Did not you think yourfelf particularly called upon at that time ferioufly to attend to. them ? A. I did attend to them at that time. ^teflion ( 63 ) ^ejlion repeated. A. I don't know whether that idea entered into my head at that time ; 1 don't doubt but that I did think of them ;, but I am fpeaking of very particular tranfadlions that palled five years ago. Q^ Did not the Congrefs come to a refolu tion approving the oppofition made by the in habitants of Maffachufet's Bay to the execution ofthe late Adls of Pariiament; and that if the fame fhould be attempted to be carried into ex ecution by force, all America ought to fupport them in their oppofition ? A. I remember a refolution to that amount. Q^ Did you oppofe it ? A. I did oppofe it ; and I recoUedl particu larly, 1 infifted in Congrefs, that they fhould fuf fer me to enter my proteft. — Another Member (Mr. Duane) joined me in it. — There was a long debate, and we were over-ruled. — We then infifted, that our motion for protefting fhould be entered on the minutes— 'With their negative, — -It was refufed; on which Mr. Duane and myfelf, when we returned from Congrefs, gave each other a certificate, declaring our op pofition to -that queftion, as we thought it a treafonable one, Q. Did you continue to attend Congrefs after ? A. I did; — but propofed to Mr. Duane to leave the Congrefs, and confuked my friends out of doors, refpedling my perfonal fafety if I did. — Could I have prevailed on him to have left the Congrefs with me, or had not my friends unanimoufly advifed me that my perfo- 4 nal ( S'4 ) nal fafety would be in danger— I fliould cer tainly have left the Congrefs, — The city of Philadelphia, on the arrival of that refolve, wa4 thrown into gi-eat confufion and diforder — thd violent party infiftirig that it fhould be car ried into execution ; fo that we were in great danger from our oppofition. Q^ Was not there a refolution paffed, entered unanimoufly, that every perfon adting under thd authority of the Maffachufet's charter adl ought to be held in deteftation and abhorrence by all good men, and confidered as the wicked tools of that defpotifm which is preparing to deftroy thofe rights which God, nature, and Compaft had given to America ? A. I believe there was fuch a refolution, but I don't know how it was entered, Q^ Did you oppofe it ? A. 1 certainly did, Q. Was not there a letter Of Congrefs di- redled to be v/rote tp the people of England ? A. Yes, Q^ Did you confent to that letter ? A. I did not ; nor to the letter to the people of Ireland ; nor to any ofthe general letters that were wrote at that time; Q^ Did you confider the Congrefs as a full and free reprcfentation of the colonies * ? A, I * Whoever forms an opinion ofthe difpofitions ofthe peo ple in the revolted colonies, from the meafures of the Con*. grefs, does it on very miflalket^ principles. The minds of the people in general were peaceable and loyal; the meafures of the Congrefs were violent and rebeUious, Thefe truths are evident from the proceedings of the people and the reJ, cords ofthe Congrefs. It appears that the inftruftions given by ( H ) A. t did not. Q^ Was you freely chofen ? A. I was by the people who appointed the Cbngrefs, were only to feek for redrefs of grievances, and an union between the two countries, arid not to take up arms in order to eftablifh independence. They amounted to a prohibition againft all illegal meafures, efpecially fuch as tended to difunite Great Britain and America. The Congrefs, therefore, manifeflly violated their truft, and afted againft the fenfe of the people who chofe them. Neither the firft or any fubfequent Congrefs can, in any^ fenfe ofthe words, be deemed " a full and free reprcfentation of the people," In the firft, the Delegates of four Colonies only were appointed by tbe Aflemblies, viz, thofe of Mafs fachufett'sj Connefticut, Rhode Ifland, and Pennfylvania, and thefe Aflemblies had no authority from the people to make fuch appointment. They were chofen for other pur pofes, and before a Congrefs was thought of. And as the right of delegating their power was not included in the conftitution of their bodies, they not only afted •illegally, but without the confent of their conftituents. Thefe Dele gates, therefore, could not be the reprefentatives of thS people of their refpeftive Colonies. And as to the other Delegates who were appointed by the conventions, and in diftrifts by the people ; it is well known in America, that they were not the reprefentatives in many diltrifts of one hundredth, and in none, even in the moft zealous and violent, of a > tenth part of the legal voters ; and we have feen in the King's County, where there are not lefs than looo voters, the Delegate was appointed by one perfon only. The other Congreffes have not been a mere perfeft re- prefentation of the people than the firft. The people having difcovered at length the defign and perfidy of their rulers, and experienced the fevereft opprefiion and diftrefs under, their government, as well as all the calamities of war, and dreading the confequences of thd unnatural alliance with France, have very generally declined giving the leaft aid and countenance to their meafures, and withdrawn themfelves from having any fhare in their appointments; and being difarmed, have left it to a few violent men, who with arms K in ( 66 ) A. I was chofen a Member of the Affenrbly of Pennfylvania, and they appointed me a De legate to the Congrefs. — After the inftance I gave the other night of two men in a large diftridl meeting together, and one of them ap pointing the other a Delegate in Congrefs, and that Member being admitted in Congrefs, I can hardly think, that the Congrefs was a perfedl and complete reprcfentation of the Colonies. Q^ In what province do you fpeak of ? A. Of New York. Q^ Who was the perfon ? A. Mr, Boerum. Q^ Do you know that of your own know ledge? A. I was not on the fpot, but I had it from almoft all the Delegates of New York. Q^ Were the other Delegates {o chofen at New York ? A. They were not. Q^ Do you know of another inftance of fuch a choice ? in their hands, deprive them of all freedom of Judgment. Hence we have feen, froni a preceding part of this examina- ti^on, that the Members of the whole rebel ftate of that Colony, .and its Members of Congrefs for the year 1778, have been appointed by lefs than one hundred and fiftieth part of the people. In the province of New York, at an eletlion of the Rebel Governor, who was warmly oppofed by another candidate.there were not 1 000 voters attended, altho' all in that large Colony had a right to join'in the appoint ment. And the fame averfion to fupport the prefent fyftem of independence, has appeared in the conduft of the people in all the other Colonies,' A. There ( 6; ) A. There were feveral inftances where very ' few people met, compared with the numbers in the diftridl. Q. Do you fpeak of the firft Congrefs in which you fat ? A. I do. Q^ What counties were there ? A. In the province of New York, as well as I reeolledl, the Delegates of the city of New York were appointed by the Convention of the city of New York, — The counties and diftridls fent others ; fo that, if I don't forget, there were more Members from that province than any other. ^Q^ But they had no more than one vote ? A. I have anfwered that before ; — they had but one vote. Q^ Was that the cafe in the province of Pennfylvania — that they were not duly eledled ? A. No; — when the Affembly of Pennfyl vania were chofen, which was near eleven months before the Congrefs fat, the people had no idea of a Congrefs in their minds. Q^ Was the eledlion a fair one in that Affembly ? A. It was received as fuch by the Affembly, and I believe it was. Q^ Do you know any inftance out of the Colony of New York, of perfons eledled by a very few ? A. The Delegates of the Maffachufet's Bay were chofen much in the fame manner as thoie of New York; but it being a great diftance from where I refided, I do not know what number attended their eledlions. K 2 Q, r J ( 68 ) Q^ Do you know that they were not fairly leledled, and by great numbers of people ? A. I have no knowledge about it, as I never enquired into it, . nor heard of it, Q. Do you recoUedl v/hat perfons the militia' of Pennfylvania, and other provinces with 'which you are acquainted, confifted of in I>74 and 1.775 ? A. There was no militia in Pennfylvania in 1774. — In 1775, there v/as;— they confifted of a very fmall part of the province of Pennfylva nia. — The peopld took up arms with great re- ludtance in that province, — I think the militia pf Philadelphia,' where there are near 30,000 fouls, never amounted to above 15 or 1600 ; and in the whole county of Bucks, they were fhort of that number, — I, do not think there was a greater proportion in the county of Chefter ; — three of the oldeft, firft fettled Colonies in the province. Q. Who compelled them to take up arms in 1775 • A. The firft militia was by a voluntary affo-. friation, without any coinpulfion, Q^ Did any affociate to oppofe them? A. I never heard of any fuch; • Q^ In no part of Pennfylvania ? A. In none. ¦ Q__ Were not fuch affociations formed in feveral other Colonies ? A. I believe there 'were, ~^ Q^ Did any affociate to oppofe them ? A. 1 did not hear fo, Q^ Do you remember, in that year, that any great number of people were forcibly difarmed iu the province of Pennfylvania ? 2 A. I do ( h ) A. I do not particularly recoUedl' when they begun to difarm ; but many people were dif armed, before the refolve of Congrefs by the Convention, and before the declaration of in dependence. Q. How long before ? A, I cannot give a fatisfadtory anfwer. Q^ Was it in the year 1775 ? A. I do not remember whether in the latter end of 1775 or beginning of 17761 — but I rather .think in 9775. Q^-Were they the greater number of the people that were fo difarmed ? ¦ A. I rather fufpedl not ; — they did not difarm. thofe whom they did not fufpedl.of making ufe of arms againft them. Q^ How many do you think might have been fodifarmed ? • .A. I really cannot fay what proportion ; — I know they caUed on me for my arms. Q; Do you. think that the greateft part of the Pennfylvania militia, were compelled at that time to .ferve. by force ? A, The militia laws which were -made in Pennfylvania, 'I think, were made after, that time ;— but I' do not recoUedl that any "of the mihtia, before thofe laws, were made,, were compeUed to ferve. - i ' -Q!_'Did'they obey thofe laws ? A. Not -generally. Q^ Q^iakers ejccepted, I mean ? A. There were Quakers, and a mtmber of other feels, who fcrupled carrying arms. Q^ Do you remember the march- of Sir William Howe from the Elk to Phiiadelphia^- was you with him ? ' A. I - ( 70 ) A. I was. Q^ Is it not almoft the whole length of the province in that diredtion ? A. By no means *. Q^ Is the province more extenfive in that diredtion than from the Elk to the Delaware ? A. Not in that ftraight diredtion from the Elk to Philadelphia. Q. Had Sir WiUiam Howe a ftrong army with him ? A. 1 fhould think a very ftrong army, con- fidering the force in oppofition to him j. — The • Sir William Howe's march was not in a ftraight di- reftion from the Elk to Philadelphia, but in a circuit. — He marched fiift nearly north about fixty miles to the Schuylkill, then changed his route and paffed to Philadelphia, about twenty miles in a courfe fouthward of eaft. — In the firft direftion, he might have paffed an hundred miles farther' than he did, f The force of an army does not confift in numbers,. fo much as in military appointments and difcipline. — The Britifh army had the beft appointments, and was compofed of veterans, high-fpirited and perfeftly difciplined troops, —The Rebel army was not only very badly appointed, but confifted of new raifed undifciplined troops, commanded, forthe moft part, by ofiicers- unfkilled in military knowledge. Hence we find, that the Britifli troops have met with no difficulty in defeating them, however advantageoufly pofled, and whenever they have been attacked. But in the five feveral complete defeats at Long Ifland, the White Plain?, Quibble Town, Brandy Wine, and German Town, there was no purfuit after viftory. This important part of mili tary policy, fo effential to final fuccefs, was in every inftance omitted; and the Rebel General, with the afliftance of the Rebel States, fuffered to colleft and recruit his diminiflied army, to renew the appointments loft in battle, and to ap pear again in force in the field. Under a conduft (b erro- neous, what avail fuperior numbers, difcipline, or appoint ments .' Force, however great, is ufelefs unlefs exerted, and viftory is vain unlefs purfued. force ( 71 ) force in oppofition to him at the battle of •Brandy Wine, did not confift of more than 15,000 men, the army and its attendants, in cluding officers and all, fave about 1000 mili tia, for whom they could not procure arms. Q. How many of the King's loyal fubjedls joined the army of Sir William Howe on that march ? A. There were many came into the camp, and returned again to their habitations. — 1 do not know of any that joined in arms — not one — nor was there any invitation for that purpofe. — By Sir WiUiam Howe's declaration, which is before this Committee, he only requefted the people to ftay at home. Q^ If the people were fo defirous of re- preffing the tyranny of the Congrefs, how came they not to take that opportunity of rifing to protedl themfelves, and to deliver up the ufurp- ing magiftrates ? A. The people in the province of Weft New Jerfey had been deferted ; — many of them who had taken an adtive part, and been affifting to the General, were obliged, to fave their lives, to fly to New York for protedlion, and defert their wives, their families, and property ; and more, it is not natural to think that people of proper ty will join an army paffing as that did, from the head of Elk to Philadelphia, leave their wives and families, and their property, liable to be deftroyed every moment after the depar ture of the army, without fome affurance, or without fome protedlion left with them — or affurances that the army would continue with them, or be ready to protedl them. Q^ Is ( 72 ) Q^, Is that fo in all the provinces? A. I think it wiU be fo all the world over *. Q. So that the loyal people are not able to protedl themfelves after the withdrawing of the army ? ¦ A. I don't make that conclufion. — If an army goes into the country with defign to re duce it, and fhould find it neceffary to make * It is truly abfurd and ridiculous to expeft that the people of a country, however well afFefted to us, who are deftitute of arms or any cf the means of war, v.'ill rife in our favour, without fome encouragement offered, or the leaft commiffion Or invitation to do fo, more efpecially when that country contains a miliiia armed, and an army capable of keeping the field, ready to fupprefs them. Be sides, the people of Pennfylvania had feen the Britifh army in the poflTeflion of all New Jerfey, and its troops cantoned from New Yotk to Trentown, to cover it, and no meafures purfued to embody the loyal in arms, or to make ufe of the well afFefted force within it for its defence. They had feen that afmy, by one-fourth part of its numbers of new raifed undifciplined troops, driven out of Weft Jerfey, ?nd feveral thoufands of his Majefty's faithful fubjefts who had taken a decifive part in our favour, abandoned to the ex- afperated refentment of their enemies. They had feen large bodies bf loyalifts rifing in favour of the Crov/n, in the feveial Colonies of Maryland, the Delaware counties. North Carolina, and New Jerfey, unfupported by the Britifh arrry, and fuppreffed and feverely puniftied by the Rebels. After thefe examples, it would certainly have been extreme folly in the people of Pennfylvania, circumftanced as they were, to rife in our favour, without the Icalf affurance of aid or invitation to do fo. It is certainly cocfiftf nt with all experi ence and found policy, when a General enters a country and wifhes for the aid of a party in it, to folicit it, and to give them the neceffary fupport and means of doing it. Thc^ invitation, in all leafon, fliould come from the General, not the offer from the people. His intereft and duty demand it ; the danger of their fafety forbids it. If the people, labouring under fuch difiiculties, are to blame for not offering their aid, how much more fois the General for not afking it ? ufe ( 73 ) life of the force of that country for its defeficc', after the army may leave it to go on othet^ operations ; common policy, and the pradlice, I believe, of all Generals has been, for the army to remain in that country until the proper mea fures are taken, by proper rules and regulatioiiSi to embody that force, by which it may be pro* tedled when the army fhall leave it. Q^ How long did Sir WiUiam Howe ftay at Philadelphia ? A. The Britifh army, part of it, paffed ihtd Philadelphia the 26th of September 1777 — and evacuated it, I think, the i8th of June following. Q\ Was not that a fufficient time for the loyal people to coUedt and arm themfelves for their own defence^ in cafe Sir WiUiam Howe had chofen to quit that place and proceed on other operations ? A. During that time, Walhington had as much poffeffion of the country of Pennfylvania^ except the lines within which the Britifh' army were contained, as any enemy could be in pof feflion of a country. Q^ Did General Wafiiington hot confidef himfelf as in an enemy's country, and the peo ple as generally difaffedled to him ? A. Hfe did fo in refpedl to intelligence, and I believe in refpedl to procuring- provifions ;— but Walhington knew he could, and the peo ple without the lines knew he would, in cafe they attempted to rifcj fend a party of his army to fupprefs them, which might be eafily done, as the people well affedled to Government were before difarmed. L Q^WaS C 74 ) Q^ Was not General Walhington defeated at Brandy Wine ? A. He was driven off the ground — which I call a defeat, Q^ Did the people take that opportunity to rife, or did they in very confiderable bodies apply to Sir William Howe for arms and fup port, engaging to embody after that defeat ? A. In a few days after that defeat, Walhing ton coUedted his army ; — the people faw Walh ington again in fome force ; — they faw him march from PhUadelphia, round to Gofhen, to meet Sir William Howe, — Tfiat defeat gave them but little opportunity to Hfe. Q^ Did they rife, or fend a meffage, promif ing to rife if protedted ? A. They did not at that time. Q^ Did they, when General Walhington re tired, and Sir William entered fnto Philadel phia ? A. I cannot anfwer any queftion which may tend by a fhort anfwer to contradidl what I have faid before, without giving my reafons for it. Q^ Upon the retreat of Wafhington, and the entry of Sir William Howe into Philadelphia, was there any confiderable rifing of the people in favour of the King ? Withdrew. jigain called in. Reftion repeated ? A. There was not ; after the army went into PhUadelphia, Sir William Howe remained at German Town ; and although Wafliington's army retreated, when Sir William Howe croffed the Schuylkill, up towards Reading, very foon 3 after i T5 ) after he returned nearer to Sir WiUiam Howe's army about Skippach *. Q. After the battle of Brandywine, had General Waftiington any confiderable army in the lower counties ? A. He had not. Qi Was there any infurredlion in thofe counties againft the Congrefs ? A. There was not ; — but thofe counties very generally, in my clear opinion, from the head of the Elk, near 200 miles, to the Capes, would have rofe in arms, could Sir WiUiam Howe, confiftent with his operations, have re mained for a month at the head of the t Ik, or about Newcaftle, that covered that peninfula, a reafonable time to admit of their putting themfelves into a regular pofture of defence, provided they had affurances of this, and an invitation and authority from him to do fo. Q^ You having faid that General Wafhing ton had no army in thefe counties, was there pot a royal naval force in the river ? A. There was in the rivers ; — but there were mUitia in thofe parts who had arms in their hands, and prevented the reft of the people from putting their wifhes in execution. Q^ Did they apply to Sir William Howe, or Captain Hammond, or Lord Howe, or any other people in authority, for arms and affift- ance ? * Wafhington's army, when in the field, was feldom pofted at a diftance more than fifteen miles, often within twelve. And during the time the Britifh army remained in Fhiladelphia, his patroles conftantly furrounded the Britilh lines. He was therefore in the full pofTeiuon and command of the country. L 2 A. I ( 76 ) A. I don't know that they made any perfonal application to any of them ; but I underftood from Mr. Robinfon, a gentleman of the firft weio-ht and influence in thofe counties, who came in to Sir WiUiam Howe at New York, that he had mentioned it either to Sir WiUiam Howe or his Aid du Camp, that he would, with a few men, land in the Peninfula be low, in the courfe of the fleet's going round to the Chefapeak, he would engage to raife men enough, if he was provided with arms to difarm the Rebels in that peninfula, and meet Sir WiUiam Howe at the head of the Elk. Q^ Was that, or any fuch application, made to Sir William Howe when hp was ifi the city of PhUadelphia ? A, I don't know there was. Q^ Did Mr. Robinfon, when he made chat .application for joining Sir WUliam Howe tOr wards the Ilk, know that Sir William Howe intended to proceed by the Elk and the Chefa peak ? A. I believe he did not know it, but I knov^ that he hoped or fufpedled it, becaui'e we had niany converfations about it ; — he hoped it, becaufe he had his family and property there. Q^ Wiiat was the time of the firil of thefe converfations ? A. It was about the time that the fleet was got ready at New York, and I repeatedly con- veiied with him on the fame fubjeft in Philadel phia— v.hen he often Regretted that he was not put On fhore. Q^ V .is not Sir William Howe out of the lines at the battle of German wn ? A. Certainly ( n ) A. Certainly he was,; it was about four miles from the lines to Sir William Howe's head quarters, Q^ Was there at that time an infurredlion in his favour, or any confiderable invitation ? A. I did not hear of any. Q^ How many inhabitants were there in the city of PhUadelphia ? A. I have faid, about 21,600 when he went into the city. Q^ How many did the Provincial corps, formed by Sir WUliam Howe, during all his refidence in Pennfylvania, confift of? A, I really cannot tell the exadl numbers. — There were two troops of light horfe raifed, and 1 forget whether there was not a third. There were commiffions for raifing three regiments, — how many thofe regiments contained, I cannot tell. Q^ How many rank and file were there — were there one thoufand ? . A. I believe not. Q^ What is the reafon why you, who are of the law, recoUedl fo well the military tranfadtions of Sir WiUiam Howe, and forget fo many civil and legal matters that fell within your cognif- ^nce while you was a member of the Congrefs ? A. I have kept a journal, which I can pro duce to the Houfe, from the time I left my own family, to the time I entered PhUadelphia, in which I can fhew the diftance, latitude, the wind and the weather, during the whole voyage round, and other material tranfadlions. Qi Why did you not keep a journal or piinutes of your proceedings in Congrefs, fo far ( 78 ) far as related to yourfelf, your own condudl and opinions ? A. I have a great many minutes of my pro ceedings in Congrefs — fhort minutes on fe parate papers — notes that I fpoke from ; but I have never looked over thofe minutes fince, — nor did 1 think of making a journal, at that time, of the proceedings of Congrefs. — I had not that leifure at that time which I had when I made my other journal. Q. Was you kindly received, protedled, and promoted to an office of truft and confidence by Sir William Howe ? A. I was received by Sir William Howe with politenefs, and at his requeft I held the office (after confidering of it four days) of Superin tendant of the Police of Philadelphia ? Q^ Have you riot lived in intimacy with Sir "WUliam Howe, frequently dining with each other ? A. I have frequently dined with Sir WUliam Howe, and Sir William Howe dined once with me ; but never was at my houfe but once be fides, though we lived next door to each other. Q^ Did you make any complaint of incivi lity or unkindnefs from Sir William Howe whilft you was in America ? A. No— ^I don't recoUedl I did, nor have I faid that he ever treated me with unkindnefs. The bufinefs that was done between Sir Wil liam Howe and myfelf, refpedling his military operations, was done entirely by his Aid du Camps. When I came into him from the pro vince of Pennfylvania, I had no perfonal con verfation with him, or not for above eight or ten ( 19 ) ten minutes, refpedling the ftate of that pro4 vince, nor ever any other perfonal converfa* tion with him refpedling the ftate of the Colo nies in general, Q^ Had you a great property in America before thofe troubles, and is it now in your poffeffion, or of your attorney ? A. 1 had very confiderable property in Ame rica before the troubles. I have faid before, my life was attainted by an Adl of Affembly of the Rebel States, and my property confifcated. My eftate was not fhort of 40,000 1. Sterling, on a moderate valuation, before thefe troubles begun. Q^ Have you any hopes of recovering it but by the fuccefs of his Majefty's arnis ? A. Without that co-operation, I have no hopes of recovering it, Q^ Do you receive any allowance from Government ? A. I do — but a very fmall pittance, com pared with what I have facrificed for Govern ment. Q. Is it for life, or during pleafure ? A, I know not, for I never looked or en quired into the appointment. Qi (by Lord Howe) Don't you remember coming to Lord Howe's quarters in Philadel phia a fhort time before the town was eva cuated, to afk his advice, how it would be beft for you to proceed on that occafion ? A. I do. Q^ Did not Lord Howe recommend your ftaying in Philadelphia, if you fhould find it could be done with fafety ? A. He C 80 ) A. He did. Q^ Did not you then profefs, that great at tention had been fhewn by Lord Howe and Ge neral Howe to your perfon and fervices ante cedent to that period ? A. I don't recoUedl it. Something might drop from me to Lord Howe, refpedling his CQi>^dence,^ ^nd his attention to my family ; but as tq any attention to my fervices paid by bis, Lordfhip's honourable Brother, I don't re eolledl that any thing paffed from me with re fpedl to that, and I am inclined to think that nothing did ; becaufe the fervices that I per formed, I thought, deferved as much as I received, and more*. Q, Was * While others, '.'from very low circumftances, were amaifing immenfe fortunes under the General, Mr. Gallo way, for all his extenfive and very' important fervices, was allowed only at the rate of zool, fer annum for the firft year, and for the other fix months at the rate of 665I. So that all he ever received from the General amounted to the fmall fum of 5371. los. paid out of the public pqrfe ; and as ¦ the receipt of this fum has been mentioned to invalidate his credit, it is but juft that we Ihould give a brief account of the fervices he performed for it. While he remained at New- York, he was afliduous in procuring intelligence of the ftate of the Middle Colonies, the rebel force, and of the water-guard .in, th^ river Delaware, &c. When at Phila delphia, he accepted of the ofiices of Superintendant of the Police, of' the Port, and of the piohibited Articles — -officea which, being founded entirely on new principles, and being of the firfl importance to the inhabitants, as well as the Britifh fervice, required a great diverfity of attention and in- teflant application. He alfo fuperintended tbe avenues of the Britilh lines, appointing perfons acquainted with the people paffing them, whofe report he received every even ing. On him the General, in a great meafure, relied for intelligence. His diifufive knowledge of the Middle Colo- r.ies, his influence and popularity, enabled him to procure the C 81 ) Q^ Was not great attention paid to your diftreffed fituation fubfequent to the time that has been named, untU Lord Howe left Ame rica ? A. Jufl; the beft. He Was applied to and eonfulted on bufinefs in almoft all the general and different departments of the army ; by the Qnartfer-Mafter-Geiieral, to procure guides and horfes for the army ; by the Com mifTary- General of Pro vifions, to procure magazines of forage; by the Chief En gineer, to furnifh workmen for the lines; and by Lord. CornwaUis, to flop out the ivater on Blakeley's and the ?t-ovi nee Iilands — a work, vvhich was thought at firft im- praflicable in any reafonable time, and which he performed in fix days, and without which it was impoflible to ere£t the batteries againft Mud- Ifland fort. He offered to raife a rtgiment of Anierican light-horfe, but received a warrant for raifing only a troop. Thef?, in a fhort time, he had perfedly difciplined fit for aElion. He alfo embodied eighty refugees from the county he lived in, who ferved the Crown as volunteers, receiving neither pay nor clothing. Having obtained ledve to operate with thefe two corps, he kept them conftantly executing plans formed by himfelf. Know.? ing that Waftimgton's army was in great diftrefs for want of clothing, and that he had feized all the cloth in Bucks county, which was making up for his drmy at Newtown, a village diftant near thirty miles from the Britifti lines, he lent out twenty-four of this troop, and fourteen of the vot lunteers, to take it. This they performed in lefs than 24 hours; and, a.^ter having ftormed two rebel pofts, killed eight men, taken a major and feveral other officers and pri foners, making in the whole thirty-two, they returned with the cloth. He next meditated an expedition againft Briftol with forty horfe and fifty volunteers ; but receiving intel ligence, that upwards of two hundred rebels had taken poft about four miles from the road to that village, he ordered Capt, Hoveden, who commanded the party, to attack them, if he found ihem there ; if not, to proceed on to Briftol. This was performed with the utmoft gallantry ; the rebels were defeated and difperfed, twenty-three killed, and eight taken prifoners. He alfo laid a plan for the feizing the rebel Governor Livingfton, his Council ai?d Aflembly, M fitting ( §2 ) A. Juft before the city of PhUadelphia waS evacuated, I received from Sir William Howe's Secretary twenty ftiiUings a day,. aUowed me from the time 1 came in to Sir William Howe to that time, as I underftood, out of the pub lic money. Q; Whether, on your apprehenfions of the confequences that might happen to you, in cafe you fliould be made prifoner on your paf fage -to England, Lord Howe did not offer you and your family a paffage in his fhip ? A, He did, and I thanked his Lordftiip for k, and fo 1 do now. Q^ If on the profpedl, at that time, of yoUf return to England before Lord Howe, you did not requeft his Lordfhip's interpofition with Government, to obtain fome provifion for your future fupport, in reward for your paft fervices, and compenfation for the lofs of pro perty you had thereby fuftained ? A. I don't recoUedl any profpedl of my re turning to England before Lord Howe. If I recoUedl • right. Lord Howe would naturaUy return before me. I don't recoUedl that I made fitting at Trentown, His intelligence was fo good, and Jjis fcheme fo well concerted, that there could be no doubt cf fuccefs ; but be was not permitted to carry this defign into execution. In fhort, this troop and company were eon* tinually operating during the winter and fpring, under his diredion, in a variety of excurfions, in which they took near two hundred prifoners, and feoured all that part of the country, between Philadelphia and Trentown, of the dif^ affcfted td Government. After this fhort narration of a part only of Mr. Galloway's fervices, the world will deter mine on which fide the obligation lies between the General and thsi G^tlemafl] a pofi"; ( 83 ) a pofitive requeft to Lord Hdwe to intercede with Government. 1 know that a converfation paffed between us on the fubjedl a few days before his Lordfhip came away. Whether I interceded with his Lordfhip or not, I can't now recoUedl ; but his Lordfhip gave me to underftand, that he fhould have it little in his power to do me any fervices. I believe very fincerely, his Lordfhip was difpofed to do it. Q^ Did not Lord Howe, in anfwer to your application, or in converfation about your re turning to England, advife you to exprefs a difregard for Gen. Howe and Lord Howe, as the beft plea for obtaining favour from the American minifter ? A. I believe his Lordfliip did intimate, that he fhould have no intereft, when he came home, with the American minifter ; but I fin cerely declare, that I don't recoUedl that he fpoke to me in the pofitive way the queftion fuppofes. Q^ Did you not apply, before you left Phi ladelphia, for a flag of truce, for the purpofe of your making your peace with the rebels ? A. I did not. When 1 made the application to. Sir Henry Clinton, Col. Innys, through whom I made it, can prove, at any time, that it was my firm refolution not to apply for a flag of truce. Col. Balfour feveral times afked me, whether I had got a flag of truce from Sir Henry Clinton. 1 told him, 1 had not. I did not care, or think it prudent, to tell him what had paffed between Sir Henry Clinton and us, refpedling what I hUd commu- pic^ted to .Sir Henry Clinton, and what he had jVI 2 faid ( H ) faid about a flag of truce, as Col, Innys in* formed me, what he brought from Sir Henry Clinton was npt to be underftood as official. Q^ Did not you finaUy come away from Philadelphia with the Britifh army, on the cer^ tainty of lofing your life if you had ftaid, and in hopes of your property being prefcrved by your wife's ftay in that city ? A, I came away from Philadelphia, know* ing that my life would be taken if I ftaid ; but I had no expedlation of faving that property which I held in my own right. Mrs. Galloway's eftate was very confiderable, as weU as my own ; and (lie ftaid under an expedlation, from ' fome words in the law, that fhe might retain her own eflate even during my life, and at leaft after my death 5 and for that purpofe only fhe remained behind. Q^ Is fhe now at Philadelphia ? A. She is yet there, and informs me flie has no expedlation of faving even her own eftate. ^ Q^ How long before the army left Phila delphia had you determined to come away with it ? ¦ ' - A. I never had a refolution or determina tion to ftay, aftec the notification of its being to be evacijated. 1 had taken too adtive a part againft the rebels, and kne\y that I could have no fecurity if I ftaid, (y Did you no^; advife every one of your friends, who you thought Could remain in fifety with the rebels, to ftay in Philadelphia-^ ¦and were not two perfons, who followed that advice, afserwards put to death ? A. There was not a perfon v^ho had takep 6 -. ati ( 85 ) an adtive part, to my knowledge, but what J advifed to come away with the Britifh army. As to Roberts and Carhfle, the perfons to whom I fuppofe the queftion alludes, the firft never confuked me on the occafion : he had a very large family, and a large eftate, and many friends more confidential than myfelf, with whom he advifed, and whofe advice he fol lowed. As for Carlifle, I pofitively advifed him to leave the city, becaufe I knew he would not be fafe. I was fent to by fome of the firfi men in the province, to know whether I would advife them to take the oaths of aUe giance to the R.ebel States ; and I advifed them never to do it, but at the laft extremity and neceffity. Q^ Had not the other managers of the po lice, who you have faid declined following the gdvice of Sir WUliam Howe to remain at Phi ladelphia, reafoh to apprehend the fame vio lence if they had ftaid there ? A. I think they would have been capable of making a better intereft, and their peace would have been eafier made than mine ; and yet I have great doubts, whether they did not re main in the fame' jeopardy I did, as the great objedl of the rebels, in confifcating eftates, was to procure a fum of money, and thefe gentlemen were men of confiderable fortunes. Q^ Do you know if Mr. Willing, of Phi ladelphia, had his pardon from the Congrefs ? A. I don't know. Q^ Did he refufe to take it ? A. I never heard. Withdreisj, FINIS. 00831 6284