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Subject Area: Political Theory
Subject Area: War and Peace
Topic: The American Revolution and Constitution

GENERAL WASHINGTON’S PROCLAMATION. - George Washington, The Writings of George Washington, vol. V (1776-1777) [1890]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. V (1776-1777).

Part of: The Writings of George Washington, 14 vols.

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GENERAL WASHINGTON’S PROCLAMATION.

Whereas several persons, inhabitants of the United States of America, influenced by inimical motives, intimidated by the threats of the enemy, or deluded by a Proclamation issued the 30th of November last, by Lord and General Howe, styled the King’s Commissioners for granting pardons, &c. (now at open war, and invading these States), have been so lost to the interest and welfare of their country, as to repair to the enemy, sign a declaration of fidelity, and in some instances have been compelled to take the oath of allegiance, and engaged not to take up arms, or encourage others so to do, against the King of Great Britain; And whereas it has become necessary to distinguish between the friends of America and those of Great Britain, inhabitants of these States; and that every man who receives protection from, and as a subject of any State, not being conscientiously scrupulous against bearing arms, should stand ready to defend the same against hostile invasion; I do therefore, in behalf of the United States, by virtue of the powers committed to me by Congress, hereby strictly command and require every person, having subscribed such declaration, taken such oath, and accepted such protection and certificate, to repair to Head-Quarters, or to the quarters of the nearest general officer of the Continental army, or militia, until further provision can be made by the civil authority, and there deliver up such protection, certificate, and passports, and take the oath of allegiance to the United States of America; nevertheless hereby granting full liberty to all such as prefer the interest and protection of Great Britain to the freedom and happiness of their country, forthwith to withdraw themselves and families within the enemy’s lines. And I do hereby declare, that all and every person, who may neglect or refuse to comply with this order, within thirty days from the date hereof, will be deemed adherents to the King of Great Britain, and treated as common enemies to these American States.

Given at Head-Quarters, Morristown, this 25th day of January, 1777.1

[1 ]It would hardly be imagined at the present day, that any exceptions could be taken to this proclamation. The circumstances of the case, in fact, seemed to require it, as a necessary check to the effects produced by the measures adopted on the part of the enemy. Yet it was disapproved by some, who believed themselves and doubtless were sincere patriots. Even in Congress there were those, who were not backward to hint, that it was inexpedient, and that, in issuing it, the Commander-in-chief had transgressed the bounds of his power. Mr. Abraham Clark, a delegate from New Jersey, and one of the signers of the Declaration of Independence, expressed himself as follows, in a letter to Colonel Dayton:

“You say that some of our Elizabethtown people want the General to alter his proclamation. It must render any man unpopular to speak in favor of those, who joined the enemy and took protections; but I think the General’s proclamation a violation of our civil rights, and I ventured to call it in question in Congress. My motion was committed to a committee, who reported favorably of the proclamation; but, foreseeing their report would be contested, they desired that the same might lie for consideration; which, I suppose, was with the design that it should never be called for, and I presume it never will unless I do it, for it is notorious, that the General directly counteracted a resolve of Congress of the 9th of March last, strictly forbidding any officer to impose or require any oath of the inhabitants; and he requires an oath of allegiance to the United States, when such an oath is absurd before our confederation takes place. Each State requires an oath to that particular State. In many other things the proclamation is exceptionable and very improper. I believe the General is honest, but I think him fallible.”—MS. Letter, March 7th.