which had been adopted by the Legislatures of the several states, that body passed some resolutions recommending to the several states the suspension of the regulations-which had no other effect than to invite violations of the law, and afford opportunities for individuals to amass fortunes at the publick expense.

An unfortunate circumstance had occurred among the prisoners at Cambridge, in the month of June, which led to a correspondence between General Heath, and General Philips, and which was now laid before Congress. From these papers it appeared, that a British Lieutenant, in defiance of all rules, military, conventional or moral, insisted upon passing over the limits of his parole, with a view to take the air, in the company of two prostitutes. The centinel of course refused him permission to pass, and the gentleman persisted-adding to the impropriety of his conduct by abuse of the centinel for performing his duty. The centinel several times repeated his order to stop,but Mr. Brown went on, and was shot. The conduct of General Philips, on this occasion, was little less improper than that of the Lieutenant had been; and General Heath very properly revoked his parole, and confined him to his quarters under guard, which Congress approved of by resolution.

The escape of Sir Henry Clinton and of Lord Howe from the Delaware, was perhaps one of the most signal instances of good fortune that ever occurred to an army. The British fleet had scarcely left the Capes of the Delaware, when the Count D'Estaing with a much superiour force appeared on the coast of Virginia, and a few days afterwards came into the mouth of the Delaware. His grand object

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had been to surprise the English fleet at Philadelphia, which nothing but the most extraordinary continuance of bad weather on his passage from Toulon could have prevented. If he had arrived only ten days before he did, Sir Henry Clinton's whole army must have fallen, as his movements were so intimately connected with the fleet, that any disaster to the lat ter must inevitably have led to his destruction.-Or, if, instead of coming at all into the Delaware, the Count D'Estaing had gone immediately to NewYork it is more than probable that the same fate would have been the result to the British army and fleet. It can hardly be supposed, that the Count had not heard of the evacuation of Philadelphia, and the sailing of the fleet, before he arrived at the mouth of the Delaware-intelligence of such importance is generally communicated with great rapidity→ but he seems on all occasions, to have paid a too scrupulous regard to the literal construction of his orders; the consequence of which was, that the arri val of his fleet failed to render all the services which the Americans had a right to expect from it. He followed Lord Howe to New-York, it is true, but before his arrival there, Sir Henry Clinton and his army. were safe; and if he had succeeded in passing beyond the bar at Sandy Hook, the only advantage which he could have gained would have been the capture of the fleet. It appeared, however, that even this was denied to him, for it was declared by his pilots to be impossible for his large ships to pass the bar,

The Count D'Estaing continued without the Hook from the 8th to the 22d July, blockading the English fleet. During this time a great number of English vessels fell into his hands, that were daily arriving

with provisions and other stores for the fleet and army. The conduct of the British, both officers and men, while they were thus blockaded, deserves the most honourable mention. So many of the army volunteered to serve on board the fleet as mariners, that it became necessary to decide by lot, who should have this honour; and gentlemen of the first distinction presented themselves to Lord Howe, to be disposed of as he might think most conducive to his successful defence. It was the display of a spirit not more hoonourable to the British nation, than to the character of Lord Howe, in whose skill and valour, every one seemed to place the most implicit reliance.— The Captain of a trading vessel, which constituted his only property, offered her as a fire ship, and to conduct her himself as he might be directed, without reward or even remuneration for the sacrifice of his all. Fortunately for the British this patriotick and chivalrous spirit was not put to the test-If the French fleet had passed the bar into the harbour of NewYork, there can be no doubt that the most bloody engagement would have ensued ever recorded in the annals of naval warfare. But Providence determined otherwise. The Count D'Estaing departed from New-York just as many days too soon, as he had arrived in the Delaware too late, or the whole of Admiral Byron's scattered fleet would have fallen into his hands, a resistless prey.

About this time, General Washington had formed a plan for attacking the garrisons in Rhode Island, which had been in the possession of the British since December, 1776. General Sullivan was employed to command the expedition, with a force of ten thousand men; and the Count D'Estaing now bent his

course towards the harbour of Newport, for the purpose of cooperating with him. The appearance of the French fleet off Newport, induced the British Commander, Major General Sir Robert Pigot, to give orders for burning and sinking six English vessels that lay within the harbour; to prevent their falling into the hands of the Count. And this loss to the enemy was the only advantage gained by the expedition. Sir Robert Pigot had about six thousand men under his command, so advantageously posted, that without the cooperation of the Count D'Estaing, it was impossible for General Sullivan to effect any thing. His force was composed chiefly of volunteers and militia from Massachusetts and the adjoining states, all anxious for engagement; but while they were every moment waiting for the assistance of the Count's fleet, Lord Howe, who had received intelligence of the danger which threatened his Majesty's forces in Rhode Island, suddenly appeared with his increased fleet off the harbour, and the Count's eagerness for naval fame induced him to seek an engagement with him at sea. The tempestuous state of the weather rendered all their efforts on both sides fruitless, to come to a general engagement. Some of the French ships, particularly the flag ship of the Count D'Estaing, suffered considerable damage by the gale -and each party at the end of three days, during which it lasted, seemed to be content to leave the superiority undecided. The only circumstance worthy of note in this play of the two fleets, was an engagement between a British 50 gun ship and a French 74 both of which had escaped the effects of the gale. The Isis, Captain Rayner, and the Cæsar, Monsieur Bougainville, had a severe contest within pistol shot,

which lasted for one hour and a half, in which the 74 received so much injury that she was glad to escape with all sail before the wind.

At the moment of the Count D'Estaing's leaving the harbour to meet the English fleet, General Sullivan began to move with his troops; but the weather operated almost as much against him, as it had done against the fleets, and it was eight days after his crossing Howland's ferry to Long Island, before he could bring himself before the enemy, He knew, however, that all his hopes of success must depend upon the cooperation of D'Estaing; and as, after the storm, he showed no disposition to return into the harbour, a deputation, consisting of General Greene and the Marquis de la Fayette, was sent on board the Count's ship to urge his immediate return into the harbour. This, it seems, he was himself willing to do, but his officers unanimously opposed the measure, and insisted upon his complying with instructions to proceed to Boston to refit his shattered fleet-a determination which he had no power to resist, and the American army was thus left without that cooperation which was essential to the successful prosecution of their plans. A formal protest was drawn up by all the American officers, with the exception of the Marquis de la Fayette, and sent to the Count immediately after the return of the deputation; but it produced no other effect than a spirited reply from the Count, who weighed anchor the next day and repaired to Boston.

There can be no just cause of complaint against the conduct of the Count d'Estaing, in not returning into the harbour of Newport, after the disasters which his fleet had suffered in the tempest: his instructions on that head were positive, and it would have been