On the other hand, France, with an open, n.o.ble and manly determination, and a fidelity of a good ally, would hear no proposition for a separate peace, nor even meet in congress at Vienna, without an agent from America: and likewise that the independent character of the United States, represented by the agent, should be fully and unequivocally defined and settled before any conference should be entered on. The reasoning of the court of France on the several propositions of the two imperial courts, which relate to us, is rather in the style of an American than an ally, and she advocated the cause of America as if she had been America herself.--Thus the second mediation, like the first, proved ineffectual. But since that time, a reverse of fortune has overtaken the British arms, and all their high expectations are dashed to the ground. The n.o.ble exertions to the southward under General [Nathaniel] Greene; the successful operations of the allied arms in the Chesapeake; the loss of most of their islands in the West Indies, and Minorca in the Mediterranean; the persevering spirit of Spain against Gibraltar; the expected capture of Jamaica; the failure of making a separate peace with Holland, and the expense of an hundred millions sterling, by which all these fine losses were obtained, have read them a loud lesson of disgraceful misfortune and necessity has called on them to change their ground.

In this situation of confusion and despair, their present councils have no fixed character. It is now the hurricane months of British politics.

Every day seems to have a storm of its own, and they are scudding under the bare poles of hope. Beaten, but not humble; condemned, but not penitent; they act like men trembling at fate and catching at a straw.

From this convulsion, in the entrails of their politics, it is more than probable, that the mountain groaning in labor, will bring forth a mouse, as to its size, and a monster in its make. They will try on America the same insidious arts they tried on France and Spain.

We sometimes experience sensations to which language is not equal.

The conception is too bulky to be born alive, and in the torture of thinking, we stand dumb. Our feelings, imprisoned by their magnitude, find no way out--and, in the struggle of expression, every finger tries to be a tongue. The machinery of the body seems too little for the mind, and we look about for helps to show our thoughts by. Such must be the sensation of America, whenever Britain, teeming with corruption, shall propose to her to sacrifice her faith.

But, exclusive of the wickedness, there is a personal offence contained in every such attempt. It is calling us villains: for no man asks the other to act the villain unless he believes him inclined to be one.

No man attempts to seduce the truly honest woman. It is the supposed looseness of her mind that starts the thoughts of seduction, and he who offers it calls her a prost.i.tute. Our pride is always hurt by the same propositions which offend our principles; for when we are shocked at the crime, we are wounded by the suspicion of our compliance.

Could I convey a thought that might serve to regulate the public mind, I would not make the interest of the alliance the basis of defending it. All the world are moved by interest, and it affords them nothing to boast of. But I would go a step higher, and defend it on the ground of honor and principle. That our public affairs have flourished under the alliance--that it was wisely made, and has been n.o.bly executed--that by its a.s.sistance we are enabled to preserve our country from conquest, and expel those who sought our destruction--that it is our true interest to maintain it unimpaired, and that while we do so no enemy can conquer us, are matters which experience has taught us, and the common good of ourselves, abstracted from principles of faith and honor, would lead us to maintain the connection.

But over and above the mere letter of the alliance, we have been n.o.bly and generously treated, and have had the same respect and attention paid to us, as if we had been an old established country. To oblige and be obliged is fair work among mankind, and we want an opportunity of showing to the world that we are a people sensible of kindness and worthy of confidence. Character is to us, in our present circ.u.mstances, of more importance than interest. We are a young nation, just stepping upon the stage of public life, and the eye of the world is upon us to see how we act. We have an enemy who is watching to destroy our reputation, and who will go any length to gain some evidence against us, that may serve to render our conduct suspected, and our character odious; because, could she accomplish this, wicked as it is, the world would withdraw from us, as from a people not to be trusted, and our task would then become difficult. There is nothing which sets the character of a nation in a higher or lower light with others, than the faithfully fulfilling, or perfidiously breaking, of treaties. They are things not to be tampered with: and should Britain, which seems very probable, propose to seduce America into such an act of baseness, it would merit from her some mark of unusual detestation. It is one of those extraordinary instances in which we ought not to be contented with the bare negative of Congress, because it is an affront on the mult.i.tude as well as on the government. It goes on the supposition that the public are not honest men, and that they may be managed by contrivance, though they cannot be conquered by arms. But, let the world and Britain know, that we are neither to be bought nor sold; that our mind is great and fixed; our prospect clear; and that we will support our character as firmly as our independence.

But I will go still further; General Conway, who made the motion, in the British Parliament, for discontinuing offensive war in America, is a gentleman of an amiable character. We have no personal quarrel with him.

But he feels not as we feel; he is not in our situation, and that alone, without any other explanation, is enough. The British Parliament suppose they have many friends in America, and that, when all chance of conquest is over, they will be able to draw her from her alliance with France.

Now, if I have any conception of the human heart, they will fail in this more than in any thing that they have yet tried.

This part of the business is not a question of policy only, but of honor and honesty; and the proposition will have in it something so visibly low and base, that their partisans, if they have any, will be ashamed of it. Men are often hurt by a mean action who are not startled at a wicked one, and this will be such a confession of inability, such a declaration of servile thinking, that the scandal of it will ruin all their hopes.

In short, we have nothing to do but to go on with vigor and determination. The enemy is yet in our country. They hold New York, Charleston, and Savannah, and the very being in those places is an offence, and a part of offensive war, and until they can be driven from them, or captured in them, it would be folly in us to listen to an idle tale. I take it for granted that the British ministry are sinking under the impossibility of carrying on the war. Let them then come to a fair and open peace with France, Spain, Holland and America, in the manner they ought to do; but until then, we can have nothing to say to them.

COMMON SENSE.

PHILADELPHIA, May 22, 1782.

A SUPERNUMERARY CRISIS

TO SIR GUY CARLETON.

IT is the nature of compa.s.sion to a.s.sociate with misfortune; and I address this to you in behalf even of an enemy, a captain in the British service, now on his way to the headquarters of the American army, and unfortunately doomed to death for a crime not his own. A sentence so extraordinary, an execution so repugnant to every human sensation, ought never to be told without the circ.u.mstances which produced it: and as the destined victim is yet in existence, and in your hands rests his life or death, I shall briefly state the case, and the melancholy consequence.

Captain Huddy, of the Jersey militia, was attacked in a small fort on Tom's River, by a party of refugees in the British pay and service, was made prisoner, together with his company, carried to New York and lodged in the provost of that city: about three weeks after which, he was taken out of the provost down to the water-side, put into a boat, and brought again upon the Jersey sh.o.r.e, and there, contrary to the practice of all nations but savages, was hung up on a tree, and left hanging till found by our people who took him down and buried him. The inhabitants of that part of the country where the murder was committed, sent a deputation to General Washington with a full and certified statement of the fact.

Struck, as every human breast must be, with such brutish outrage, and determined both to punish and prevent it for the future, the General represented the case to General Clinton, who then commanded, and demanded that the refugee officer who ordered and attended the execution, and whose name is Lippencott, should be delivered up as a murderer; and in case of refusal, that the person of some British officer should suffer in his stead. The demand, though not refused, has not been complied with; and the melancholy lot (not by selection, but by casting lots) has fallen upon Captain Asgill, of the Guards, who, as I have already mentioned, is on his way from Lancaster to camp, a martyr to the general wickedness of the cause he engaged in, and the ingrat.i.tude of those whom he served.

The first reflection which arises on this black business is, what sort of men must Englishmen be, and what sort of order and discipline do they preserve in their army, when in the immediate place of their headquarters, and under the eye and nose of their commander-in-chief, a prisoner can be taken at pleasure from his confinement, and his death made a matter of sport.

The history of the most savage Indians does not produce instances exactly of this kind. They, at least, have a formality in their punishments. With them it is the horridness of revenge, but with your army it is a still greater crime, the horridness of diversion. The British generals who have succeeded each other, from the time of General Gage to yourself, have all affected to speak in language that they have no right to. In their proclamations, their addresses, their letters to General Washington, and their supplications to Congress (for they deserve no other name) they talk of British honor, British generosity, and British clemency, as if those things were matters of fact; whereas, we whose eyes are open, who speak the same language with yourselves, many of whom were born on the same spot with you, and who can no more be mistaken in your words than in your actions, can declare to all the world, that so far as our knowledge goes, there is not a more detestable character, nor a meaner or more barbarous enemy, than the present British one. With us, you have forfeited all pretensions to reputation, and it is only by holding you like a wild beast, afraid of your keepers, that you can be made manageable. But to return to the point in question.

Though I can think no man innocent who has lent his hand to destroy the country which he did not plant, and to ruin those that he could not enslave, yet, abstracted from all ideas of right and wrong on the original question, Captain Asgill, in the present case, is not the guilty man. The villain and the victim are here separated characters.

You hold the one and we the other. You disown, or affect to disown and reprobate the conduct of Lippincut, yet you give him a sanctuary; and by so doing you as effectually become the executioner of Asgill, as if you had put the rope on his neck, and dismissed him from the world. Whatever your feelings on this interesting occasion may be are best known to yourself. Within the grave of your own mind lies buried the fate of Asgill. He becomes the corpse of your will, or the survivor of your justice. Deliver up the one, and you save the other; withhold the one, and the other dies by your choice.

On our part the case is exceeding plain; an officer has been taken from his confinement and murdered, and the murderer is within your lines.

Your army has been guilty of a thousand instances of equal cruelty, but they have been rendered equivocal, and sheltered from personal detection. Here the crime is fixed; and is one of those extraordinary cases which can neither be denied nor palliated, and to which the custom of war does not apply; for it never could be supposed that such a brutal outrage would ever be committed. It is an original in the history of civilized barbarians, and is truly British. On your part you are accountable to us for the personal safety of the prisoners within your walls. Here can be no mistake; they can neither be spies nor suspected as such; your security is not endangered, nor your operations subjected to miscarriage, by men immured within a dungeon. They differ in every circ.u.mstance from men in the field, and leave no pretence for severity of punishment. But if to the dismal condition of captivity with you must be added the constant apprehensions of death; if to be imprisoned is so nearly to be entombed; and if, after all, the murderers are to be protected, and thereby the crime encouraged, wherein do you differ from [American] Indians either in conduct or character?

We can have no idea of your honor, or your justice, in any future transaction, of what nature it may be, while you shelter within your lines an outrageous murderer, and sacrifice in his stead an officer of your own. If you have no regard to us, at least spare the blood which it is your duty to save. Whether the punishment will be greater on him, who, in this case, innocently dies, or on him whom sad necessity forces to retaliate, is, in the nicety of sensation, an undecided question? It rests with you to prevent the sufferings of both. You have nothing to do but to give up the murderer, and the matter ends.

But to protect him, be he who he may, is to patronize his crime, and to trifle it off by frivolous and unmeaning inquiries, is to promote it.

There is no declaration you can make, nor promise you can give that will obtain credit. It is the man and not the apology that is demanded.

You see yourself pressed on all sides to spare the life of your own officer, for die he will if you withhold justice. The murder of Captain Huddy is an offence not to be borne with, and there is no security which we can have, that such actions or similar ones shall not be repeated, but by making the punishment fall upon yourselves. To destroy the last security of captivity, and to take the unarmed, the unresisting prisoner to private and sportive execution, is carrying barbarity too high for silence. The evil must be put an end to; and the choice of persons rests with you. But if your attachment to the guilty is stronger than to the innocent, you invent a crime that must destroy your character, and if the cause of your king needs to be so supported, for ever cease, sir, to torture our remembrance with the wretched phrases of British honor, British generosity and British clemency.

From this melancholy circ.u.mstance, learn, sir, a lesson of morality. The refugees are men whom your predecessors have instructed in wickedness, the better to fit them to their master's purpose. To make them useful, they have made them vile, and the consequence of their tutored villany is now descending on the heads of their encouragers. They have been trained like hounds to the scent of blood, and cherished in every species of dissolute barbarity. Their ideas of right and wrong are worn away in the constant habitude of repeated infamy, till, like men practised in execution, they feel not the value of another's life.

The task before you, though painful, is not difficult; give up the murderer, and save your officer, as the first outset of a necessary reformation. COMMON SENSE.

PHILADELPHIA May 31, 1782.

THE CRISIS. XII. TO THE EARL OF SHELBURNE.

MY LORD,--A speech, which has been printed in several of the British and New York newspapers, as coming from your lordship, in answer to one from the Duke of Richmond, of the 10th of July last, contains expressions and opinions so new and singular, and so enveloped in mysterious reasoning, that I address this publication to you, for the purpose of giving them a free and candid examination. The speech I allude to is in these words:

"His lordship said, it had been mentioned in another place, that he had been guilty of inconsistency. To clear himself of this, he a.s.serted that he still held the same principles in respect to American independence which he at first imbibed. He had been, and yet was of opinion, whenever the Parliament of Great Britain acknowledges that point, the sun of England's glory is set forever. Such were the sentiments he possessed on a former day, and such the sentiments he continued to hold at this hour. It was the opinion of Lord Chatham, as well as many other able statesmen. Other n.o.ble lords, however, think differently, and as the majority of the cabinet support them, he acquiesced in the measure, dissenting from the idea; and the point is settled for bringing the matter into the full discussion of Parliament, where it will be candidly, fairly, and impartially debated. The independence of America would end in the ruin of England; and that a peace patched up with France, would give that proud enemy the means of yet trampling on this country. The sun of England's glory he wished not to see set forever; he looked for a spark at least to be left, which might in time light us up to a new day. But if independence was to be granted, if Parliament deemed that measure prudent, he foresaw, in his own mind, that England was undone. He wished to G.o.d that he had been deputed to Congress, that be might plead the cause of that country as well as of this, and that he might exercise whatever powers he possessed as an orator, to save both from ruin, in a conviction to Congress, that, if their independence was signed, their liberties were gone forever.

"Peace, his lordship added, was a desirable object, but it must be an honorable peace, and not an humiliating one, dictated by France, or insisted on by America. It was very true, that this kingdom was not in a flourishing state, it was impoverished by war. But if we were not rich, it was evident that France was poor. If we were straitened in our finances, the enemy were exhausted in their resources. This was a great empire; it abounded with brave men, who were able and willing to fight in a common cause; the language of humiliation should not, therefore, be the language of Great Britain. His lordship said, that he was not afraid nor ashamed of those expressions going to America. There were numbers, great numbers there, who were of the same way of thinking, in respect to that country being dependent on this, and who, with his lordship, perceived ruin and independence linked together."

Thus far the speech; on which I remark--That his lordship is a total stranger to the mind and sentiments of America; that he has wrapped himself up in fond delusion, that something less than independence, may, under his administration, be accepted; and he wishes himself sent to Congress, to prove the most extraordinary of all doctrines, which is, that independence, the sublimest of all human conditions, is loss of liberty.

In answer to which we may say, that in order to know what the contrary word dependence means, we have only to look back to those years of severe humiliation, when the mildest of all pet.i.tions could obtain no other notice than the haughtiest of all insults; and when the base terms of unconditional submission were demanded, or undistinguishable destruction threatened. It is nothing to us that the ministry have been changed, for they may be changed again. The guilt of a government is the crime of a whole country; and the nation that can, though but for a moment, think and act as England has done, can never afterwards be believed or trusted. There are cases in which it is as impossible to restore character to life, as it is to recover the dead. It is a phoenix that can expire but once, and from whose ashes there is no resurrection.

Some offences are of such a slight composition, that they reach no further than the temper, and are created or cured by a thought. But the sin of England has struck the heart of America, and nature has not left in our power to say we can forgive.

Your lordship wishes for an opportunity to plead before Congress the cause of England and America, and to save, as you say, both from ruin.

That the country, which, for more than seven years has sought our destruction, should now cringe to solicit our protection, is adding the wretchedness of disgrace to the misery of disappointment; and if England has the least spark of supposed honor left, that spark must be darkened by asking, and extinguished by receiving, the smallest favor from America; for the criminal who owes his life to the grace and mercy of the injured, is more executed by living, than he who dies.

But a thousand pleadings, even from your lordship, can have no effect.

Honor, interest, and every sensation of the heart, would plead against you. We are a people who think not as you think; and what is equally true, you cannot feel as we feel. The situations of the two countries are exceedingly different. Ours has been the seat of war; yours has seen nothing of it. The most wanton destruction has been committed in our sight; the most insolent barbarity has been acted on our feelings. We can look round and see the remains of burnt and destroyed houses, once the fair fruit of hard industry, and now the striking monuments of British brutality. We walk over the dead whom we loved, in every part of America, and remember by whom they fell. There is scarcely a village but brings to life some melancholy thought, and reminds us of what we have suffered, and of those we have lost by the inhumanity of Britain. A thousand images arise to us, which, from situation, you cannot see, and are accompanied by as many ideas which you cannot know; and therefore your supposed system of reasoning would apply to nothing, and all your expectations die of themselves.

The question whether England shall accede to the independence of America, and which your lordship says is to undergo a parliamentary discussion, is so very simple, and composed of so few cases, that it scarcely needs a debate.

It is the only way out of an expensive and ruinous war, which has no object, and without which acknowledgment there can be no peace.

But your lordship says, the sun of Great Britain will set whenever she acknowledges the independence of America.--Whereas the metaphor would have been strictly just, to have left the sun wholly out of the figure, and have ascribed her not acknowledging it to the influence of the moon.

But the expression, if true, is the greatest confession of disgrace that could be made, and furnishes America with the highest notions of sovereign independent importance. Mr. Wedderburne, about the year 1776, made use of an idea of much the same kind,--Relinquish America! says he--What is it but to desire a giant to shrink spontaneously into a dwarf.

Alas! are those people who call themselves Englishmen, of so little internal consequence, that when America is gone, or shuts her eyes upon them, their sun is set, they can shine no more, but grope about in obscurity, and contract into insignificant animals? Was America, then, the giant of the empire, and England only her dwarf in waiting! Is the case so strangely altered, that those who once thought we could not live without them, are now brought to declare that they cannot exist without us? Will they tell to the world, and that from their first minister of state, that America is their all in all; that it is by her importance only that they can live, and breathe, and have a being? Will they, who long since threatened to bring us to their feet, bow themselves to ours, and own that without us they are not a nation? Are they become so unqualified to debate on independence, that they have lost all idea of it themselves, and are calling to the rocks and mountains of America to cover their insignificance? Or, if America is lost, is it manly to sob over it like a child for its rattle, and invite the laughter of the world by declarations of disgrace? Surely, a more consistent line of conduct would be to bear it without complaint; and to show that England, without America, can preserve her independence, and a suitable rank with other European powers. You were not contented while you had her, and to weep for her now is childish.

But Lord Shelburne thinks something may yet be done. What that something is, or how it is to be accomplished, is a matter in obscurity. By arms there is no hope. The experience of nearly eight years, with the expense of an hundred million pounds sterling, and the loss of two armies, must positively decide that point. Besides, the British have lost their interest in America with the disaffected. Every part of it has been tried. There is no new scene left for delusion: and the thousands who have been ruined by adhering to them, and have now to quit the settlements which they had acquired, and be conveyed like transports to cultivate the deserts of Augustine and Nova Scotia, has put an end to all further expectations of aid.

If you cast your eyes on the people of England, what have they to console themselves with for the millions expended? Or, what encouragement is there left to continue throwing good money after bad?

America can carry on the war for ten years longer, and all the charges of government included, for less than you can defray the charges of war and government for one year. And I, who know both countries, know well, that the people of America can afford to pay their share of the expense much better than the people of England can. Besides, it is their own estates and property, their own rights, liberties and government, that they are defending; and were they not to do it, they would deserve to lose all, and none would pity them. The fault would be their own, and their punishment just.