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

TO BRIGADIER-GENERAL MAXWELL. 2 - 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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Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO BRIGADIER-GENERAL MAXWELL.2

Morristown, 12 February, 1777.

Sir,

In answer to your letter of the 9th instant, respecting the case of the young men of Eliza. Town, who refuse to take the Oath of Allegiance to the States, or to withdraw within the enemy’s lines, and discourage all the militia about them, I would observe, that though it is my desire to have the terms and conditions of my Proclamation religiously complied with, yet I do not intend that it shall be made a shelter for our enemies to injure us under with impunity. These fellows at Elizabethtown, as well as all others, who wish to remain with us, till the expiration of the thirty days, for no other purpose than to convey intelligence to the enemy, and poison our people’s minds, must and shall be compelled to withdraw immediately within the enemy’s lines; others, who are hesitating which side to take, and behave friendly to us till they determine, must be treated with Lenity. Such as go over to the enemy are not to take with them any thing but their clothing and furniture. Their horses, cattle, and forage must be left behind. Such as incline to share our fate are to have every assistance afforded them, that can be granted with safety. Neither wagons nor horses must be too much hazarded in doing this business. Maj. Morris will secure Foster’s cattle and sheep; bring off all the corn, hay and oats he speaks of for the Quarter Master, who will take an account of it and settle with the owners if friendly. The effects of all Persons in Arms against us must be seized and secured. I wish this line of conduct to be observed by our parties, for which purpose you will make them all acquainted with my determination on this head. The Returns of your Brigade alarm me. I fear there is some mistake, for which purpose I have directed Col. Bedford, the Muster Master General, to repair thither and examine into the matter. You will be so good as to assist him in discovering the true cause, why so many are kept in pay and so few perform service. I am, &c.1

[2 ]In conformity with General Washington’s Proclamation, General Maxwell, who commanded near the enemy’s lines at Elizabethtown, had ordered such persons, as would not take the oath required, to go immediately to the enemy. Some refused to do either the one or the other, on the ground that by the terms of the Proclamation they were not obliged to go till the expiration of thirty days. On this subject General Maxwell wrote for instructions. It would seem that many of the inhabitants of New Jersey, as intimated above (p. 202), and even those in power, were not perfectly satisfied with the Proclamation of the Commander-in-chief, issued within the borders of that State, and requiring an oath of allegiance to the United States. The following is an extract from the minutes of the Council, dated February 20th:—

“The Council, having taken into consideration the Proclamation of his Excellency General Washington of the 25th of January last, whereby it appears that certain of the inhabitants of this State are required to repair to headquarters, or to the quarters of the nearest general officer of the Continental army or militia, and ‘take the oath of allegiance to the United States of America’;

“Resolved, that his Excellency the Governor be requested to write to his Excellency General Washington, to know whether by the oath above mentioned is to be understood the oath of allegiance prescribed by an act of the General Assembly of this State; and, if not, that they request to be furnished with a copy of the oath administered by virtue of the said Proclamation.”

The Governor accordingly wrote to General Washington, enclosing this resolve, to which he replied: “I fear it is not in my power to give so full and satisfactory an answer to your request, ‘to explain the nature of the oath administered by virtue of my Proclamation,’ as you may expect. What the style of it was, as administered by the brigadiers, to whom that business was chiefly assigned, I cannot precisely tell. My instructions to them were to insist on nothing more than an obligation in no manner to injure the States, without reverting to the form of any prescribed law of this State. Had I known of any particular form adapted to the circumstances of its inhabitants, I would most certainly have ordered it.”—Letter, March 3d.

[1 ]General Mifflin had written: “The enclosed papers were given to me with a request to forward them to your Excellency. I do not pretend to censure the proceedings of the gentlemen, but I think it bad policy to confine persons, who will act the part of martyrs, and who cannot consistently with their own principles take an active part against us. If your Excellency thinks proper to order a release, it will gratify many of your friends, and prevent some, who wish to injure our cause from charging us with cruelty and an imitation of the enemy.”

“I have not till now had time to answer yours of the 4th Instant. My sentiments respecting the treatment proper to be observed to Martyrs coincide with yours. Lenity will operate with greater force, in such Instances, than rigor. ’T is therefore my first wish to have our whole conduct distinguished by it. Still it is not my desire, neither indeed is it within my power, to release any man from a confinement imposed upon him by the Civil power. They best know the charge, and merit of the case; consequently should ultimately determine it. For these reasons I dare not comply with your request. I have enclosed a letter from Mr. Sears; the business falls within your department.”—Washington to Brigadier-General Mifflin, 14 February, 1777.