with me, in every thing of a political nature, and he very cordially concurred in this. The British articles of war were, accordingly, reported, and defended in Congress by me assisted by some others, and finally carried. They laid the foundation of a discipline which, in time, brought our troops to a capacity of contending with British veterans, and a rivalry with the best troops of France.

Tuesday, August 20.

"A letter of the 18th, from General Washington, with sundry papers inclosed, was laid before Congress and read.

"Resolved, That the same be referred to a committee of five. The members chosen, Mr. Jefferson, Mr. Franklin, Mr. Rutledge, Mr. J. Adams, and Mr. Hooper.

"A committee of the whole on the articles of confederation. Mr. Morton reported that the committee had gone through the same, and agreed to sundry articles, which he was ordered to submit to Congress.

"Ordered, That eighty copies of the articles of confederation, as reported from the committee of the whole, be printed under the same injunctions as the former articles, and delivered to the members under the like instructions as formerly."

Thus we see the whole record of this momentous transaction. No motions recorded,1 no yeas and nays taken down, no alterations proposed, no debates preserved, no names mentioned; all in profound secrecy. Nothing suffered to transpire, no opportunity to consult constituents; no room for advice or criticisms in pamphlets, papers, or private conversation. I was very uneasy under all this, but could not avoid it. In the course of this confederation a few others were as anxious as myself. Mr. Wilson, of Pennsylvania, upon one occasion, moved that the debates should be public, the doors opened, galleries erected, or an adjournment made to some public building, where the people might be accommodated. Mr. John Adams seconded the motion, and supported it with zeal. But no! neither party was willing; some were afraid of divisions among the people; but more were afraid to let the people see the insignificant figures they made in that assembly. Nothing, indeed, was less understood abroad, among the people, than the real constitution of Congress, and the characters of those who conducted the business of it. The truth is, the motions, plans, debates, amendments, which were

1 This is a mistake. The record does contain the motions, the yeas and nays, and the alterations proposed; but it was kept secret until the publication of the Secret Journals, ordered by Congress, in 1820.

every day brought forward, in those committees of the whole house, if committed to writing, would be very voluminous; but they are lost forever. The preservation of them, indeed, might, for any thing I recollect, be of more curiosity than use.1

Wednesday, August 21.

"A petition from Prudhomme La Jeunesse was read, and referred to the board of war.

"The committee to whom part of the report from the committee on spies was

1 The following reminiscence of one of the scenes that took place, is taken from a letter of Mr. Henry Marchant, a delegate of Rhode Island, written to Mr. Adams, in 1789, just as the new constitution was going into operation:

"You wish me to give you a particular account of the prophetic declaration made on the floor of Congress, just as the former confederation was concluded. "When my friend has all his feelings wound up upon an important subject, and vent must be given, he has a manner of expression so peculiar to himself, and so striking to the hearers, that the impression, as from a stroke of lightning, is left behind, while the flash and sound, the mode of expression, is lost or forgotten. His words I will not engage to recollect with exactness.

"The articles of confederation being completed, the members by rotation were called to place their signatures to them. This being concluded, a pause and perfect calm succeeded. He sat and appeared full of thought. He rose. 'Mr. President.' His cane slipped through his thumb and forefinger, with a quick tap upon the floor; his eyes rolled upwards; his brows were raised to their full arch.

"This business, sir, that has taken up so much of our time seems to be finished. But, sir, I now, upon this floor, venture to predict that, before ten years, this confederation, like a rope of sand, will be found inadequate to the purpose, and its dissolution will take place. Heaven grant that wisdom and experience may then avert what we have most to fear!'

"I never knew a greater solemnity upon the minds of the members. It was near the usual time of adjournment. Congress was adjourned."

Mr. Adams, in his reply, makes some correction.

"Your account of the prophecy is humorous enough, but you must be mistaken in the point of time. I left Congress on the 11th of November, 1777, that year which the Tories said, had three gallowses in it, meaning the three sevens, just as Congress had gone through the confederation, but before it was signed. My name is not to that confederation; so that the prediction must have been uttered either at Yorktown, a day or two before I left it, or before, at Philadelphia.

"I recollect some expressions of that sort, on the floor of Congress, in Philadelphia, immediately after the determination that the votes should be by States, and not by numbers, a point which Wilson and I labored with great zeal. After that determination and some others, I own I gave up that confederation in despair of its efficacy or long utility."

The decisive vote, to which Mr. Adams alludes, was upon the following motion: "That each State shall have a right to send one delegate to Congress for every thirty thousand of its inhabitants; and, in determining questions in Congress, each delegate shall have one vote."

In favor of this motion, but seven ayes are recorded. That of John Adams, from Massachusetts, the four Virginia delegates, Messrs. Harrison, Jones, F. L. and R. H. Lee, Mr. Penn, of North Carolina, and Mr. Middleton, of South Carolina, made up the number.

At this day, there can be little doubt that, even if the confederation could have survived its other defects, the rejection of the principle contained in this proposition sealed its fate.

recommitted, having brought in a report, the same was taken into consideration, whereupon,

Resolved, That all persons not members of, nor owing allegiance to any of the United States of America, as described in a resolution of Congress, of the 24th of June last, who shall be found lurking as spies, in or about the fortifications or encampments of the armies of the United States, or of any of them, shall suffer death, according to the law and usage of nations, by sentence of a court martial, or such other punishment as such court martial shall direct.

"Ordered, That the above resolution be printed at the end of the rules and articles of war.

"The board of war brought in a report, which was taken into consideration, whereupon, Resolved, as in the Journal.

"Resolved, That the letter from General Washington read yesterday, and that of the 12th, with the papers inclosed, be referred to the board of war.

“Resolved, That a committee of three be appointed to revise the resolutions of Congress, respecting the place where prizes are to be carried into, and to bring in such further resolutions as to them shall seem proper.

"The members chosen, Mr. Jefferson, Mr. Morris, and Mr. J. Adams.

Thursday, August 22.

"Letters from General Washington and Schuyler, with papers inclosed, referred to the board of war.

"The board of war brought in a report, which was read. "Ordered, To lie on the table.

"The committee to whom the letter, from General Washington, of the 18th was referred, brought in a report, which was read. Ordered, To lie on the table. "A committee of the whole on the form of a treaty; Mr. Nelson in the chair. "A letter from Brigadier-General Lewis; also, a letter from the Committee of Carlisle, in Pennsylvania, inclosing a memorial from the officers and prisoners there, were read and referred to the board of war.

Friday, August 23.

"A letter of the 21st, from General Washington, inclosing a copy of a letter from him to Lord Howe, together with his lordship's answer, was read.

"Resolved, That the same be referred to the board of war, with orders to publish the General's letter to Lord Howe, and His Lordship's answer.

Monday, August 26.

"Three letters of the 22d and 23d, from General Washington, with sundry papers inclosed; a letter from William Finnie, deputy quartermaster-general of the Southern department, were read and referred to the board of war.

"A letter of the 22d, from Colonel James Wilson, was read, and referred to Mr. Jefferson, Mr. Franklin, and Mr. John Adams.

Tuesday, August 27.

"A letter of the 23d, from General Mercer, was read and referred to the board of war.

"The board of war brought in a report, which was taken into consideration, whereupon, Resolved - See the several resolutions in the Journal.

"The committee to whom the letter from Colonel Wilson was referred, brought in a report, which was taken into consideration, whereupon, Congress came to the following resolutions.*

"A committee of the whole on the plan of foreign treaties. Mr. Nelson reported that the committee had gone through the same, and made sundry amendments.

"Resolved, That the plan of treaties, with the amendments, be referred to the committee who brought in the original plan, in order to draw up instructions pursuant to the amendments made by the committee of the whole; that two members be added to the said committee. The members chosen, Mr. Richard Henry Lee and Mr. Wilson.

"A petition from the deputy commissary-general was read, and referred to the board of war.

Wednesday, August 28.

"Delegates from Virginia produced new credentials. George Wythe, Thomas Nelson, Richard Henry Lee, Thomas Jefferson, and Francis Lightfoot Lee, Esqs. Thursday, August 29.

"A letter of the 27th, from R. H. Harrison, the General's secretary, and one of the 28th, from General Mercer, both giving an account of an action on Long Island, on the 27th, were read and referred to the board of war.

"The board of war brought in a report, which was taken into consideration, whereupon, Resolved - See the several resolutions in the Journal.

"Resolved, That the committee to whom the plan of treaties with the amendments was recommitted, be empowered to prepare such further instructions, as to them shall seem proper, and make report thereof to Congress.

Friday, August 30.

"A memorial from Mr. Kosciusko was read, and referred to the board of war. Monday, September 2.

"A letter of the 31st of August from General Washington, inclosing the determination of a council of war, and the reasons for quitting Long Island, and a copy of a letter from Lord Stirling; also, one of the 23d from General Gates, with sundry papers inclosed; one from sundry field officers in the army at Ticonderoga, dated the 19th of August, with the proceedings between a court martial and Brigadier-General Arnold; also, a letter of the 23d, from Captain John Nelson, and one from Benjamin Harrison, Jr., deputy paymaster-general, with his weekly account, were read and referred to the board of war.

Congress being informed that General Sullivan was come to Philadelphia with a design to communicate a message from Lord Howe;

"Ordered, That he be admitted and heard before Congress.

"A petition from Michael Fitzgerald, one from John Weitzell, and one from James Paul Govert, were read and referred to the board of war.

"General Sullivan being admitted, delivered a verbal message he had in charge from Lord Howe, which he was desired to reduce to writing, and then he withdrew.

Which see in the Journal.

"Resolved, That the board of war be directed to prepare and bring in a plan of military operations for the next campaign."

Tuesday, September 3.

"General Sullivan, having reduced to writing the verbal message from Lord Howe, the same was read as follows::

"The following is the purport of the message of Lord Howe to Congress, by General Sullivan.

"That, though he could not at present treat with Congress as such, yet he was very desirous of having a conference with some of the members whom he would consider, for the present, only as private gentlemen, and meet them himself as such, at such place as they should appoint.

"That he, in conjunction with General Howe, had full powers to compromise the dispute between Great Britain and America, upon terms advantageous to both; the obtaining of which delayed him near two months in England, and prevented his arrival at this place, before the declaration of independency took place. That he wished a compact might be settled at this time, when no decisive blow was struck, and neither party could say that they were compelled to enter into such agreement.

"That in case Congress were disposed to treat, many things which they had not as yet asked, might and ought to be granted them; and that if, upon the conference, they found any probable ground of accommodation, the authority of Congress must be afterwards acknowledged, otherwise the compact would not be complete."

In this written statement of the message it ought to be observed, that General Sullivan has not inserted, what he had reported verbally, that Lord Howe had told him "he would set the act of Parliament wholly aside, and that Parliament had no right to tax America, or meddle with her internal polity."

"The board of war brought in a report which was read, and a number of resolutions adopted upon it, which see in the Journal."

Wednesday, September 4.

"Resolved, That the board of war be directed to call in the several recruiting parties of the German battalion, and to have them formed and armed with all possible expedition, and forwarded to New York, taking measures, and giving proper directions to have the battalion recruited to the full complement, as soon as the same can conveniently be done.

"Resolved, That the proposal made by General Howe, as delivered by General Sullivan, of exchanging General Sullivan for General Prescott, and Lord Stirling for Brigadier-General McDonald, be complied with.

Congress took into consideration the report of the board of war, and after some time spent thereon,

"Resolved, That the farther consideration thereof be postponed till to-morrow. Thursday, September 5.

"A petition referred to the board of war.

“Resolved, That General Prescott, and Brigadier-General McDonald be sent