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

TO GOVERNOR LIVINGSTON. - George Washington, The Writings of George Washington, vol. VI (1777-1778) [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. VI (1777-1778).

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

About Liberty Fund:

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 GOVERNOR LIVINGSTON.

Sir,

I had the honor of receiving yours of the 1st Inst. some time since, but the situation which the Army has been in must apologise for my not answering it sooner.

General Howe, after making great preparations, and threatening to drive us beyond the mountains, came out with his whole force last Thursday evening, and, after manœuvring round us till the Monday following, decamped very hastily, and marched back to Philadelphia.

In my opinion, trying the officers taken by General Dickinson on Staten Island, for high treason, may prove a dangerous expedient. It is true, they left the State after such an offence was declared to be treason; but, as they had not taken the oaths, nor had entered into our service, it will be said they had a right to choose their side. Again, by the same rule that we try them, may not the enemy try any natural born subject of Great Britain, taken in arms in our service? We have a great number of them; and I therefore think, that we had better submit to the necessity of treating a few individuals, who may really deserve a severer fate, as prisoners of war, than run the risk of giving an opening for retaliation upon the Europeans in our service.1

I am pleased to hear, that your Assembly are in so good a disposition to regulate the price of necessaries for the army. I could wish that they would not forget to regulate the prices of country produce, which the commissaries tell me has risen to so exorbitant a rate, that there is no purchasing a single article from the farmers. I am, &c.

[1 ]The officers here mentioned were natives of New Jersey, who entered into the service of the enemy. As this was treason by the law of New Jersey, they were imprisoned, and the Governor considered it his duty to try them in the courts of justice. He conformed to General Washington’s advice, however, and put them on the footing of prisoners of war.

The British General Campbell, then on Staten Island, had claimed these officers from Governor Livingston, and also another person, who had been captured with them. The officers, three in number, were given up, but, in regard to the other person, Governor Livingston wrote: “He is no officer, and had committed a number of robberies in this State before he joined the enemy; and I can hardly think that General Campbell will be of the opinion, that, in consideration of law, a man can expiate the guilt of a prior robbery by a subsequent treason.”