were not to fish "in the havens, bays, creeks, roads, coasts, or places," which the United States were to win. The rising nation avowed the principle that free ships impart freedom to goods; that a neutral power may lawfully trade with a belligerent. Privateering was to be much restricted. The young republic, in this moment of her greatest need, was not willing to make one common cause with France; she only offered not to assist Great Britain in the war on France, nor trade with that power in contraband goods. The commissioners might stipulate that the United States would never again be subject to the crown or the parliament of Great Britain; and, in case France should become involved in the war, that neither party should make a definitive treaty of peace without six months' notice to the other. They were further instructed to solicit muskets and bayonets, ammunition and brass field-pieces, to be sent under convoy by France; and it was added: "It will be proper for you to press for the immediate and explicit declaration of France in our favor, upon a suggestion that a reunion with Great Britain may be the consequence of a delay."

In the selection of the three members of the commission, Franklin was placed at its head; Deane, with whom Robert Morris had associated an unworthy member of his own family as a joint commercial agent in France, was chosen next; to them was added Jefferson, who, early in August, had retired from congress to assist his native state in adapting its code of laws to its new life as a republic. When Jefferson declared himself constrained to decline the appointment, it was given to Arthur Lee. Franklin proposed that the commission should have power to treat forthwith for peace with England.

The conduct of the war ever met increasing difficulties. The attempt to raise up a navy was baffled by a want of guns, canvas, and ammunition. In the preceding December congress had ordered the construction of thirteen ships-of-war, each of which was to carry from twenty-four to thirty-two guns; but not one of them was ready for sea, and the national cruisers consisted of about twelve merchant vessels, purchased and equipped at intervals. The officers, of whom the first formal appointment was made on the twenty-second of De

cember 1775, and included the names of Nicholas Biddle and John Paul Jones, were necessarily taken from merchant ships. American privateers, in the year 1776, captured three hundred and forty-two British vessels; and these volunteer adventures were so lucrative that few sailors would enlist in the public service for more than a twelvemonth, and most of them only for one cruise.

Before the middle of June, the committee on spies, of which John Adams and Edward Rutledge were members, were desired to revise the articles of war; after more than three months an improved code, formed on the British regulations, was adopted.

The country was upon the eve of a dissolution of its army; Washington, almost a year before, had foretold to congress the evils of their system with as much accuracy as if he "had spoken with a prophetic spirit." His condition at present was more critical than before, for a larger force was arrayed against him. He borrowed hours allotted to sleep to convey to congress with sincerity and freedom his thoughts on the proper organization of the army, saying: "Experience, which is the best criterion to work by, so fully, clearly, and decisively reprobates the practice of trusting to militia that no man who regards order, regularity, and economy, or his own honor, character, or peace of mind, will risk them upon this issue. The evils to be apprehended from a standing army are remote, and, situated as we are, not at all to be dreaded; but the consequence of wanting one is certain and inevitable ruin. This contest is not likely to be the work of a day; and, to carry on the war systematically, you must establish your army upon a permanent footing." The materials, he said, were excellent; to induce enlistments for the continuance of the war, he urged the offer of a sufficient bounty; for the officers he advised proper care in their nomination, and such pay as would encourage "gentlemen" and persons of liberal sentiments to engage: in this manner they would in a little time have an army able to cope with any adversary. But congress, without waiting for his advice, framed a plan of their own.

On the sixteenth of September they resolved that eightyeight battalions be enlisted as soon as possible to serve during

the war, but without offering adequate inducements. The men in the army, whose term would expire with the year, had been enlisted directly by continental agents and officers; congress now apportioned to the thirteen states their respective quotas; and this reference of the subject to so many separate legislatures or governments could not but occasion a delay of several months, even if the best will should prevail. Congress had no magazines; they therefore left the states to provide arms and clothing, each for its own line. To complete the difficulty of organizing a national army, they yielded to the several states the appointment of all officers except general officers; no discretion was reserved to the commander-in-chief, or formally even to themselves, to promote the meritorious. Vacancies must remain undisposed of till the states, each for itself, should exercise its power.

The earnest expostulations of Washington commanded little more respect from congress than a reference to a committee; three of its members were deputed to repair to the camp, but their mission was attended by no perceptible results. Troops continued to be levied by requisitions on the several states, and officers to be nominated by local authorities. Washington, therefore, reluctantly bade adieu to every present hope of commanding an efficient, thoroughly united army, and in moments of crisis there was no resource but in appeals through the local governments to the people. But the citizens, without being permanently imbodied, proved untiring in zeal and courage; and it was by them that American liberty was asserted, defended, and made triumphant. To undisciplined militia belong the honors of Concord and Lexington; militia withstood the British at Bunker Hill; by the aid of militia an army of veterans was driven from Boston; and we shall see the unprosperous tide of affairs, in the central states and in the South, turned by the sudden uprising of volunteers.

CHAPTER IV.

OPINION IN ENGLAND. BORDER WAR IN AMERICA.

JULY-NOVEMBER 1776.

In England, when the demand of the Americans had changed from redress to independence, ninety-nine out of one hundred of their old well-wishers desired their subjection. While Germain attributed "infinite honor to the beloved and admired Lord Howe," he strained after words to praise "the inborn courage and active spirit," and youthful fire, and wise experience of General Howe, whom the king nominated a knight-companion of the order of the Bath. The cause of the Americans seeming now to be lost, Fox wrote to Rockingham: "It should be a point of honor among us all to support the American pretensions in adversity as much as we did in their prosperity, and never desert those who have acted unsuccessfully upon whig principles."

The session of parliament was at hand; Rockingham, Burke, and their friends proposed to stay away from its meetings, assigning as their motive that their opposition did but exhibit their weakness, and so strengthened the ministry. Fox remonstrated: "I conjure you, over and over again, to consider the importance of the crisis; secession would be considered as running away from the conquerors, and giving up a cause which we think no longer tenable." But the rebellion seemed in its last agony; they therefore kept aloof for the time, willing to step in on the side of mercy when the ministers should have beaten it down.

The king, as he opened parliament on the thirty-first of October, derived from the declaration of independence "the

one great advantage of unanimity at home;" and he professed a desire "to restore to the Americans the blessings of law and liberty."

"The principles operating among the inhabitants of the colonies in their commotions," said Lord John Cavendish, "bear an exact analogy with those which support the most valuable part of our constitution; to extirpate them by the sword, in any part of his majesty's dominions, would establish precedents most dangerous to the liberties of this kingdom." "It is impossible for this island to conquer and hold America," said Wilkes; "we must recall our fleets and armies, repeal all acts injurious to the Americans, and restore their charters, if we would restore unity to the empire." "Some of the colonies," said Lord North, "will break off from the general confederacy. Reconciliation has constantly been my object; it is my wish to use victory with moderation." The house was reminded by Barré that both France and Spain might interfere. Germain replied: "Do you suppose the house of Bourbon would like to have the spirit of independence cross the Atlantic, or their own colonists catch fire at the unlimited rights of mankind?" "Administration," said Fox, "deserve nothing but reproach for having brought the Americans into such a situation that it is impossible for them to pursue any other conduct than what they have pursued. In declaring independence, they have done no more than the English did against James II. The noble lord who spoke last prides himself on a legislature being re-established in New York. It has been very well said that the speech is a hypocritical one; in truth, there is not a little hypocrisy in supposing that a king" -and he made the allusion more direct, by ironically excepting George III. as one who really loved liberty-" that a common king should be solicitous to establish anything that depends on a popular assembly. Kings govern by means of popular assemblies only when they cannot do without them; a king fond of that mode of governing is a chimera. It cannot exist. It is contrary to the nature of things. But if this happy time of law and liberty is to be restored to America, why was it ever disturbed? It reigned there till the abominable doctrine of gaining money by taxes infatuated our statesmen. Why did