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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 received yesterday your favor of the 15th instant with the papers alluded to.

Your reasoning, upon the subject of deserters attending flags, is certainly right, and not to be disputed. Their appearing in that character is an additional crime, and it is the practice of war, in such instances, founded in principles of common reason and the delicacy of truces, to execute them immediately. This is the custom in general cases. How far the circumstances, which attended the enlistment of Job Hetfield, require a discrimination in his favor, is a point perhaps of some difficulty. I find, by inquiry of General Maxwell, that he was enlisted and sworn; but that there was a sort of coercion, which might distinguish it from an act perfectly free and voluntary. Upon the whole, I think his detention and confinement justifiable, which I would prefer to capital punishment. At the same time, you will permit me to observe, that, from the expediency of flags, and the necessity of such an intercourse between warring powers, it is the constant usage for the party detaining, executing, &c., to inform the other side of the reasons.

I have taken the freedom to commit to your care a letter for Major-General Tryon, which you will be pleased to send by a flag to Staten Island, or to such other post as you may deem most proper. I transmit you a copy of our correspondence, which on his part is pretty similar, it is probable, to his addresses to your officers. Determined that I should get some of his obliging letters, he made out a first, a second, and a third, all of the same tenor and date. I am persuaded you will be under some difficulty, which to admire most, his impertinence or his folly.

I am, dear Sir, &c.1

[1 ]“The practice of seizing and confining the friends to America in the civil line, however barbarous it may be, is a favorable engine of policy with the enemy; from which I believe it will not be easy to make them depart. Their object is to deter men from taking an active and leading part in our governments, the firm establishment of which they foresee will be fatal to their views. Whether the measure of securing their friends with us, to redeem ours in their power, would put a stop to the practice, is extremely doubtful. There are few persons among us whom they esteem of sufficient importance to desist on their account from anything which they look upon as advancive of their interest.”—Washington to Samuel Chase, 27 April, 1778.