t 118 .^'*'' ■"<% 1 'oo' C^ -^c^. ^0 o^_ >■ ^" •• ^Oc V ,-0' N ■S^ % cov";4::"^. /-a-^N"'"^- "\°".-":4:-"^^' "^/^ To '<^.<' A^*■ .. *^ '' 'o . vO C ^V" '-s^ :^ v^' / Head-Quarters, Cambridge, September 14 I775 CParole, Roxborough.) ,„ . ' In obedience to the general order of the 7th instant the inquiry into the conduct of Doctor Church, the Director General of the Hospital, and the respective Reo-imental Surgeons, has been held in General Sullivan's Brigade • that being finished, the General orders the like to be held forth with in General Greene's Brigade. DOCTOR CHURCH TO GENERAL SULLIVAN, American Hospital, September 14, 1775. Dr. Church presents his most respectful compliments to General Sullivan, and most heartily felicitates himself on receiving so honorary a testimonial of General Sullivan's approbation, as he met with the last evening, at Head- Quarters. The Doctor esteems himself peculiarly happy that the undeserved prejudice against him is so totally removed, which, from frequent intimations, he wasL appre- hensive had possessed the General's mind. He flatters himself that his whole conduct, during the present unhap- py contest, will bear the strictest scrutiny. A regard to place, popularity, or the more detestable motive of avarice, never influenced his conduct in publick life. The sole object of his pursuit, the first wish of his heart, was ever the salvation of his Country. The Doctor, nevertheless, in justice to himself, and with respect to the man who behind the curtain has influenced and took the lead in the opposition to him, must declare, that although he could never stoop to act the parasite, play the buffoon, or become the herald of his own eminence in his profession, would feel the indignation of conscious merit, should he be put in competition with the person who vainly endeavours to supplant him. Hon. General Sullivan^ Head-Quarters, Cambridge, September 18, 1775. (Parole, Brunsxvick.) (Countersign, Cambridge.) The inquiry into the conduct of Doctor Church, Direc- tor-General of the Hospital, and the respective Regimental Surgeons, to be held to-morrow, in General Heath's Bri- gade. GENERAL GATES TO DOCTOR CHURCH. Cambridge, September 24, 1775, To Doctor Church : Sir : I am directed by his Excellency the General to inform you that his unwillingness to part with a good offi- cer alone prevents his complying with your request, in your letter of the 20th instant. He desires you would stay with your family some time longer, and if there is then no prospect of its being in such a situation as to permit you to return to your duty, you will receive a discharge pur- suant to your letter. Your very humble servant, Horatio Gates, Adjutant-General, Tw ^ . ■'■'■■■ ■ HENRY WARD TO GENERAL GREENE. Providence, September 26, 1775. Sir: This letter waits upon you by- Mr. Maxwell, who goes down to Cambridge upon a matter into which I think the strictest inquiry ought to be made. It is, in short, this : In July last, a woman, with whom Mr. fVainwood had an acquaintance in Boston, came to his house and wanted him to assist her in procuring an opportunity o( seeing Mr. Dudley or Captain fVallace ; and by all her behaviour showed that she had some secret of consequence. He artfully drew from her that she had been sent from Cambridge with a letter to be delivered to either of the persons above named, to be forwarded to Boston. It im- mediately occurred to him that the letter was probably sent from some traitor in our army. Upon which, he started every difficulty in the way of her seeing Dudley or Hal- lace, that he could think of, and finally prevailed upon her to intrust him with the delivery of the letter. He kept the affair to himself some time, being at a loss what step he should take in it; and at length imparted the secret to Mr. Maxwell, who, upon opening the letter, found it writ- ten in characters which he did not understand. Here rested until very lately, when Mr. Wainwood received a letter from the woman, discovering great uneasiness about the letter she had intrusted him with, which naturally in- duced a suspicion that the writer of it still continued his correspondence in Boston, and had received information that the letter had never been transmitted. Mr. Wainivood and Mr. Maxwell, who are both of them friends to the cause of America, rightly judging that the continuance of such a correspondence might be attended with the most pernicious consequences to the interest o{ America, thought proper to come to Providence and consult me upon it, having prudently kept the matter entirely to themselves. By my advice, they proceeded to Cambridge, to lay it, with all the circumstances, before you. I think it best to introduce Mr. Maxwell to General Washington, and for you and the General, with not more than one trusty person besides, to consider as to the most prudent measures to discover the traitor. Perhaps the first step should be to take up the woman, who is now at Cam- bridge, in so private a way as to create no suspicion ; and it is probable that rewards and punishments, properly placed before her, will induce her to give up the author; in which case he, with all his papers, ought to be instantly secured. If the woman should be obstinate, some clew may be found from her connections, that will probably lead to a discovery. But I beg pardon for undertaking to give my advice in this case, when you, upon the spot, possessed of all the circumstances, will be so much better able to judge of the measures proper to be pursued. As Mr. Wainwood is well known to many of the inhabitants of Boston, I have advised hiiu to go no farther than Dtdham, where he may be sent for as soon as it shall be thought proper for him to appear. I will only add, that if they are happily the means of discovering a treacherous correspond- ence, carried on by any person of note and trust in our publick affairs, they will do a most essential service to their Country, and deserve an adequate reward. 1 am, with great truth and esteem, Sir, your most obe- dient and very humble servant, Henry Ward. [No. 1.] At a Council of War held at Head-Quarters, Cambridge, October 3, 1775, present: His Excellency General Washington ; Major Generals Ward, Lee, and Putnam; Brigadier-Generals Spencer, Heath, Sullivan, Greene, and Thomas; Adjutant-General Gates. The General communicated to this Board a discovery of a correspondence carried on with the enemy by Dr. Church, by Letter in characters, which was deciphered by the Rev. Mr. West, and laid the said Letter before the Mem- bers of the Council. After considerinir and discussing the matter, it was deter- mined to adjourn till to-morrow, and then that Dr. Church be examined. October 4. — The Council of War met. Present as before. Dr. Church being sent for, and shown the Letter in cha- racters, was asked, whether the said Letter was written by him; to which he answered, he believed it was. He was shown the explanation of said Letter, as deciphered, and asked whether it was a true one ; to which he answered in the affirmative. Dr. Church then explained his inten- tion in writing said Letter, as calculated to impress the ene- my with a strong idea of our strength and situation, in order to prevent an attack at a, time when the Continental Army was in great want of ammunition, and in hopes of effecting some speedy accommodation of the present dispute, and made solemn asseverations of his innocence. The General then asked the opinion of the Council, severally, whether it did not appear that Dr. Church had carried on a criminal correspondence \\\x\\ the enemy; to which they unanimously answered in the affirmative. The question was then proposed, and discussed, what w^ere the proper steps to be taken with respect to him ; and, after examining the articles of the Continental Army, and particularly the articles twenty-eight and fifty-one, it was determined, from the enormity of the crime, and the very inadequate punishment pointed out, that it should be referred to the General Congress, for their special direction; and that in the mean time he be closely confined, and no person visit him but by special direction. [No. 2.] S INTEl I hope this will reach you. Three attempts have I made without success. In effecting the last, the man was dis- covered in attempting his escape ; but fortunately my let- ter was sewed in the waistband of his breeches. He was confined a few days, during which time you may guess my feelings ; but a little art and a little cash settled the matter. 'Tis a month since my return from Philadelphia ; I went by the way of Providence, to visit mother. The Commit- tee for warlike stores made me a formal tender of twelve pieces of cannon, eighteen and twenty-four pounders ; they having taken a previous resolution to make the offer to Gen. Ward. To make a merit of my services, 1 sent them down ; and when they received them, they sent them to Stoughton, to be out of danger, even though they had formed the resolution, as 1 before hinted, of fortifying Bun- ker^s Hill, which, together with the cowardice of the clum- sy Colonel Gerrish and Colonel ScammoJis, was the lucky occasion of their defeat. This affair happened before my return from Philadelphia. We lost one hundred and six- ty-five killed then, and since dead of their wounds; one hundred and twenty now lie wounded ; the chief will re- cover. They boast you have fourteen hundred killed and wounded in that action. You say the Rebels lost fifteen hundred, 1 suppose with equal truth. The people of Con- necticut are raving in the cause of liberty. A number from this Colony, from the Town of Stamford, robbed the King's stores at New-York, with some small assistance the New-Yorkers lent them ; these were growing turbulent. I counted two hundred and eighty pieces of cannon, from twenty-four to three-pounders, ^i Kingsbridge, which the Committee had secured for the use of the Colonies. The Jerseys are not a whit behind Connecticut in zeal. The Phi- ladelphians exceed them both. I sa\V twenty-two hundred men in review there by General Lee, consisting of Qua- kers and other inhabitants, in uniform, with one thousand Riflemen and forty Horse, who, together, made a most war- like appearance. I mingled freely and frequently with the members of the Continental Congress ; they were united, determined in opposition, and appeared assured of success. Now, to come home. The opposition is become formida- ble. Eighteen thousand men, brave and determined, with Washington and Lee at their head, are no contemptible enemy. Adjutant Gen. Gates is indefatigable in arranging the Army. Provisions are very plenty; clothes are manu- i'acturing in almost every Town for the soldiers. Twenty tons oi powder lately anived aiFhiladeivlna, Connecticut, and Providence ; upwards of twenty tons are now ni camp. Saltpetre is made in every Colony. Powder Mills are erect- ed, and constantly employed, in Fhiladtlphia and New- York. Volunteers, of the first fortunes, are daily flockmg 10 the camp; one thousand Riflemen in two or three days. Recruits are now levying, to augment the Army to twenty- two thousand men. Ten thousand Militia are appointed in this Government, to appear on the first summons. The bills of all the Colonies circulate freely, and are readily exchanged for cash ; add to this, that unless some plan of accommodation takes place immediately, these harbours will swarm with privateers ; an army \V\\\ be raised in the IMiddle Provinces, to take possession oi' Canada. For the sake of the miserable convulsed Empire, solicit peace, re- peal the acts, or Britain is undone. This advice is the result of warm affection to my King and to the Realm. Remember 1 never deceived you ; every article here sent you is sacredly true. The papers will announce to you that 1 am again a Member for Boston ; you will there see our motley Council. A general arrangement of officers will take place, except the chief, which will be suspended but for a little while, to see what part Britain takes in con- sequence of the late Continental petition. A view to in- dependence grows more and more general. Should Britain declare war against the Colonies, they are lost forever. Should *Sp«i/2 declare against England, the Colonies will declare a neutrality, which will doubtless produce an offen- sive and defensive league betw^een them. For God''s sake, prevent it by a speedy accommodation. Writing this has employed a day. I have been to Salem to reconnoitre, but could not escape the geese in the capitol ; to-morrow I set out for Newport, on purpose to send you this, I write you fully, it being scarcely possible to escape dis- covery. I am out of place here, by choice, and therefore out of pay, and determined to be so unless something is offered in ray way. I wish you could contrive to write me largely in cipher, by the way of Newport, addressed to Thomas Richards, merchant. Enclose it in a cover to me, intimating that I am a perfect stranger to you ; but being recommended to you as a gentleman of honour, you took the liberty to enclose that letter, entreating me to deliver it as directed ; the person, as you are informed, being at Cambridge. Sign some fictitious name. This you may send to some confidential friend 2ii Newport, to be delivered to me at Watertown, Make use of every precaution, or I perish. A true copy: compared by Eltsha Porter. In Council, October 16, 1775: Read and concurred. Mr. SulHvajij according to order, reported the following Resolve, viz : Whereas this House hatli been informed that Benja- min Church, Esquire, a member thereof, is now detained and imprisoned by his Excellency George Washington, Esquire, General and Commander-in-Chief of the Forces of the United Colonies; and the House being jealous of their privileges, and desirous to know the cause of said im- prisonment : therefore, Resolved, That the Speaker, Mr. Sullivan, and Major Bliss, be a Committee to apply to his Excellency George Washington, Enquire, requesting him, as soon as may be, to certify to this House the cause of the detention and im- prisonment of the said Beiijamin Church, Esq., that they may advise thereon. Mr. Speaker communicated to the House a Letter from Joseph Reed, Esq., Secretary to General Washington, enclosing a Letter from Dr. Church to the enemy, as deciphered by the Reverend Mr. West, together with the Proceedings of the Council respecting the same. Where- upon, ^ '^^:^' r--*-- '= /'^^ •. Resolved, That Dr, Church ought to be brought to the Bar of this House, to show cause, if any he has, why he should not be expelled the same. Ordered, That Mr. Sullivan, Major Hawley, Mr. Ger- ry, Colonel Freeman, and Mr. Cooper, consider and report a proper method wherein to bring Dr. Church before this House. The Committee for considering the proper method for bringing Dr. Church to the bar of the House reported as follows : Whereas it appears, by sundry papers transmitted to this House, agreeable to their desire, and by order of his Excel- lency George Washington, Esq., that Benjamin Church, Jun., Esq., lately a Surgeon-General in the American Army, has been convicted by the judgment of a Council of War, at which his Excellency presided, of having car- ried on a criminal correspondence with the enemy, and is accordingly ordered to be closely confined until special directions relative to this matter shall be received from the honourable the Continental Congress : And whereas the said Benjamin Church is also a Mem- ber of this House, and the charge brought against him is of so criminal a nature, that . . it is the duty of the House to make strict inquiry into tlie fact, and, upon proof of the same, to mani/est tlieir utter abhorrence thereof: There- Besolved Tim Mr. William Howe, xhe Messenger of tins House be, and he liereby is directed, on Friday, the ^7th of October instant, to apply to his Excellency George Vashngton, Esq., for a sufficient guard safely to condtS ^e sa,d Benjamm Church to and from the bar of tL ?f tr;»H A ""/ '^'!,"i,''?*''' "'^''^^'"'' '° »ke the body of the said Church, and bring him to the bar of the House accordingly, at ten o'clock in the forenoon of the same R£;''"'f'''.'^'^'",?"?""'enticated copy of the fore<.oine J J Friday, October 27, 1775. Upon a motion Ordered, That there be fixed in the alley a bar, at which Dr. Church will be brought on.?r '''f ' That Colonel Porter, Mr. Coopt, and Col- one G;w^ be a Committee to direct proper refreshments for the Guards that shall attend Dr. Chwch, "'^"^' In Council, October 28, 1775 : Read and concurred. Doctor Holteii brought down a Petition of Joseph P. Palmer, in behalf of the Committee of Correspondence of Braintree. Also, a Petition of James Hayward, Notice was given that Dr. Church was at the door.* Ordered, That Dr. Church be admitted to the bar of the House, and that the Committee to order provision for the Guards give directions that the Guards be placed at the several doors of the House. Dr. Church was accordingly admitted ; whereupon there was read an order of the House for an application to Gen- eral ffashingion, that he would certify to this House the cause of the detention and imprisonment of Benjamin Church, Esq. There was also read a copy of Dr. Churches Letter, as deciphered by the Rev. Mr. Pf^est ; and a copy of the Pro- ceedings of the Council of War respecting said Church, which had been transmitted by the General, and are as follows, viz : " I hope this will reach you. Three attempts have I made without success. In effecting the last, the man was discovered in attempting his escape ; but fortunately my letter was sewed in the waistband of his breeches. He was confined a lew days, during which time you may guess my feelings ; but a little art and a little cash settled the matter. 'Tis a month since my return from Philadelphia; I went by the way of Providence, to visit mother. The Committee for warlike stores made me a formal tender of twelve pieces of cannon, eighteen and twenty-four pound- ers ; they having taken a previous resolution to make the offer to General fVard. To make a merit of my services, I sent them down ; and when they received them, they sent them to Stoughton, to be out of danger, even though they had formed the resolution, as I before hinted, of fortifying Bunker's Hill, which, together with the cowardice of the clumsy Colonel Gerrish and Colonel Scammons, was the lucky occasion of their defeat. This affair happened before my return from Philadelphia. We lost one hundred and 3ixty-tive killed tlien, and since dead ol their wounds ; one hundred and twenty now lie wounded; the chief will re- cover. They boast you have fourteen hundred killed and wounded in that action. You say the Rebels lost fifteen hundred, I suppose with equal truth. The people of Con- necticut are raving in the cause of liberty. A number from this Colony, from the Town o( Stamford, robbed the King's stores at Neiv- York, with some small assistance the Scw-Yorkers lent them; these were growing turbulent. I :ounted two hundred and eighty pieces of cannon, from -wenty-four to three-pounders, ai Kingsbridge, which the Committee had secured for the use of the Colonies. The Jerseys are not a whit behind Connecticut in zeal. The Phi- 'adelphians excead them both. I saw twenty-two hundred nen in review there by General Lee, consisting of Qua- ridge, October 3, 1775, present : " His Excellency General Washington; IMajor- Generals Ward, Lee, and Putnam.; Brigadier-Generals Spencer, Heath, Sullivan, Greene, and Thomas; Adjutant-General 'Urates. <' The General comtTiunicated to the Board a discovery of correspondence carried on with the enemy by Dr. Church, \y Letter in characters, which was deciphered by the lev. Mr. West, and laid the said Letter before the I\lem- lers of this Council. " After considering and discussing the matter, it was deter- iiined to adjourn till to-morrow, and then that Dr. Church le examined. *' October 4. — The Council of War met. Present as be- ore. " Dr. Church being sent for, and shown the Letter in cha- acters, was asked, whether the said Letter was written by lim ; to which he answered, he believed it was. He was hen shown the explanation of said Letter, as deciphered, nd asked whether it was a true one ; to which he answered n the affirmative. Dr. Church then explained his inten- ion in writing said Letter, as calculated to impress the ene- ny v.'ith a strong idea of our strength and situation, in order o prevent an attack at a time when the Continental Army vas in a great want of ammunition, and in hopes of effecting ;ome speedy accommodation of the present dispute, and concluded with solemn asseverations of his innocence. "The General then asked the opinion of the Council, severally, whether it did not appear that Dr. Church had carried on a criminal correspondence with the enemy ; to ^\\\\c\\ they unanimously answered in the affirmative. " The question was then proposed, and discussed, what >vere the proper steps to be taken with respect to him : and, jfter examining the regulations of the Continental Army, md particularly the articles twenty-eight and fifty-one, it ,vas determined, from the enormity of the cririie, and the vevy inadequate punishment pointed out, that it should be referred to the General Congress, for their special direc- :ion ; and that in the mean lime he be closely confined, 3nd no person visit him but by special direction." " A true copy of the Minutes of the Council of War on Dr. Church. ' Joseph Reed, Secretary J^ The following Letter was exhibited to the House by Dr. Church, to which . he said the foregoing was an an- swer, viz : '* Dear Doctor : 1 have often told you what the dreams of your high sons would come to ; do you forget my re- peated caution not to make yourself too obnoxious to Go- vernment. What says the psalm singer and Johnny Dupe to fighting British Troops now ? They are at Philadel- phia^ I suppose, plotting more mischief, where 1 hear your high mightiness has been ambassador extraordinary. Take care of your nob, Mr. Doctor — remember your old friend, the orator; he will preach no more sedition. Ally pins me in begging you will come to Boston; you may depend upon it, Government are determined to crush this rebel- lion. A large re-enforcement of troops is hourly ex- pected, when they are determined to penetrate die coun- try ; for God's sake, Doctor, come to Town directly; I'll engage to procure your pardon ; your sister is unhappy, under the apprehension of your being taken and hanged for a rebel, which God orrant may not be die case. You may rely upon it, the Yankees will never be a match for the Troops of Great Britain. The Yorkers have behaved like damned fools, in robbing the King's stores, as Govern- ment intended to grant them some exclusive privileges in trade, had they continued loyal ; it will now be a rendez- vous for British Troops. We know well that you are divided ; that your people are discouraged ; that you want discipline, artillery, and ammunition ; and Governinent has taken effectual care that you shall not be supplied from other Powers. I have wondered that we have not heard from you ; difference in politicks has not cancelled my friendship for you. Let me entreat you not to take up arms against your rightful King, as your friend Warren did, for which he has paid dearly. 1 cannot send your sulky, and the other matters you sent for ; you may thank your own people for that, who first set the example by prevent- ing any thing from being brought to Town. 1 think you might have sent us a bit of fresh pork now and then. You see Hancock and Adams diXe attainted already. If you cannot pass the lines, you may come in Captain Wallace, \\si Rhode-Island. If you do not come immediately, write to me in this character, and direct your letter to Major Cane, on His Majesty's service, and deliver it to Captain Wallace ; it will come safe. We have often been informed your people intend to attack the Town. By God, I believe they had such a dose on Bunker\s Hill as to cool their courage. Your sister has been for running away : Kitty has been very sick ; we wished you to see her ; she is now picking up. *' I remain your sincere friend and brother, 1. F. " P. S. Don't fail to write soon." , . . . Then the Speaker asked Ur, (J/iurcfi, whether he gave the Council of War the answers therein contained ? He answered, not exactly. Dr. Church was then asked, whether the Letter which had been read was a true copy of his Letter. He answer- ed, the translation is not literally true. An adjournment w^as moved for. Whereupon, Ordered, That the Committee for providing for the Guards direct them to attend Dr. Church to a proper house, and from thence to" return with him to the bar of this House, at three o'clock, P. M. Afternoon. L^pon a motion. Ordered, That Mr. Gerry go to the honourable Board, and acquaint them that seats will be assigned them in the House, if they would choose to be present at the hearing of Dr. Church. Who returned, that le had delivered the message. Dr. Church was again idmitted. He then presented to the Speaker his Letter, as it had )een read, and offered a correction of some errors (on leparate paper) which he said were made either in deci- phering, or by himself, when he transcribed it in ciphers. The Speaker asked him, if the Letter with his conec- ;ions, was a true copy of that which he attempted to con- vey to Boston. He answered, 1 believe it is. Various questions were put to him, which he answered, md declared that the only motive he had in writing was he publick good ; that he took care to exaggerate our itrength and firmness, with a view to dishearten and in- imidate ; that he particularly enlarged his accounts of our immunition, at a time when an attack might have proved atal, on account of the scarcity of that article; and that he vas induced to the practice of art and dissimulation, which n such cases he thought admissible, by the hopes of ob- aining intelligence from his brother Flemming, who was nuch devoted to Administration, which would serve the general cause — as he had before gained information of mportance by such means, which he had employed much o our advantage. Upon a motion. Ordered, That Dr. Church have leave o retire, under the charge of the Messenger of the House, ;o far only, as that if there should be occasion he may be igain brought to the bar. Ordered, That the Messenger of the House, under the conduct of the Guard, return Dr. Church to the place from vhence he was taken. Upon a motion, Orc?erec?, That Mr. Speaker , ^ , i Major Haw- ley, Colonel Orne, Mr. Gerry, and Mr. Mills, be a Com- mittee to take into consideration the conduct of Benjamin Church, Esquire, and such order as is proper for this House to take thereon, and report. * Account of the examination of Dr. Benjamin Church, written while he was in Prison at Cambridge. On Friday, October 27, the High Sheriff Howe, a messenger of the House of Representatives, at ten o'clock A. M., came to my prison, ac- companied by Adjutant. General Gates and ihe several officers of the guard, with a summons from the honourable House, commanding my immediate attendance at the bar of the House. I requested to be indulged with an opportunity to change my linen, which was indulged me, while the guard was parading, and the officer of my escort waited upon the General for his directions. By the time I had put myself in decent apparel, I received orders to proceed. I had procured, in this interim, a chaise from a friend, into which the messenger entered with me; in which manner we proceeded,* in the centre of a guard of twenty men, with drum and fife, from my prison in Cambridge to Watertown, being three miles. When arrived at the Meeting-House in Watertown, where the Assembly then sat, the messenger of the House announced my arrival ; upon which we received orders to tarry at the door till called for ; after waiting a few minutes, the door-keeper, opening the door, directed the messenger to bring in the prisoner. 1 was then ushered into the House, and advancing up to the bar, which was placed about midway of the broad alley, I made my obeisance to the honour- able Speaker of the House, James Warren, Esq., and to the members of the honourable House of Representatives there assembled. The galleries, being opened upon this occasion, were thronged with a nume- rous collection of people of all ranks, to attend so novel and so im- portant a trial. The honourable Speaker then began, by informing me that the hon- ourable House of Representatives having been informed that I, a member of that House, was put under arrest by his Excellency General Wash- ington, and their jealousy for the privileges of the House having been excited thereby, they had appointed a Committee of the honourable House to wait upon and confer with his Excellency upon the subject ; to which they had received the following answer. Here his Honour recited a letter from his Excellency General Washington, attested by his Secretary, the Hon. Joseph Reed, Esq., specifying, that at a meet, ing of a General Court-Martial, held at Cambridge, on October 3, present, his Excellency General George Washington, Esquire, Presi. dent; all the Major.Generals and Brigadier-Generals of the Army, and Adjutant-General Gates, Benjamin Church, Esq., Director-General of the Hospital, was summoned before them ; when a Court of Inquiry b;ing held, it was their unanimous opinion, that sa-id Benjamin Church was convicted of holding a criminal correspondence with the enemy, each member being questioned seriatim upon the matter. After the Speaker had read the doings of the Court-Martial, the criminal letter, as deciphered by Mr. West, was produced and read to the House ; upon wliich, the honourable Speaker obssrved, "that the honourable House, from a regard to their own honour and reputation, and to ex- press their abhorrence of such conduct in one of their members, had summoned me to the bar of that House, to make answer to the charges exhibited against me, and to proceed in such manner as to vindicate the reputation of the House." And then holding out the letter, de- manded, "if that was a true copy of the letter I wrote in ciphers;" to which I replied, " May it please your Honour and the honourable House, although I am a member of this honourable House, or have been, and have sustained some little part in the struggles of this very respectable body for several months past, yet in the matter now before them, a matter in which I hold some capital consideration, I profess myself to be totally unacquainted respecting the general design, mode of process, and the issue. If I might entreat the indulgence of the honourable House, I would inform them about a month since I was taken by an armed force, and have been confined a close prisoner for twenty -eight days ; secluded by my stern jailors from the cheering eye and consoling tongue of friend and acquaintance, unless by a special license from Head.Quarters, which has been sparingly granted ; and never indulged with the aid and advice of counsel learned in the ♦ I'o my utter astonishment, the House, forgetful of their dignity- and privileges, in a manner unprecedented, suffered me to be held in custody of a military guard (iuriug the whole time of my trial before ilie honourable House, law ; six days retained in the most rigorous confinement. I was then led before a General Court-Martial,* attended by my guards ; after a scrutiny, novel and undecisive, which I then apprehended to be atrial, 1 was remanded back to my prison ; but; at my request, and the indulgence of the General, attended only by the officers of the guard. There I have been held in the most cruel imprisonment, at the point of the bayonet, ever since. This morning, may it please your Honours, at the hour of ten o'clock, without any previous intimation of such a design, without any expectation of such an event, I am summoned, ex improviso and immediately, to the bar of this honourable House. Bowed to the dust by infirmity produced by distress, harassed and sickening with painful suspense, aggravated vexations, rigorous imprisonment, and a load of sorrows no longer supportable, am I called upon to make my defence. Though in a situation to wound the bosom of compassion, and from the eye of humanity to steal a tear, relying on conscious integrity, that trial I wish not to evade : only let me be determined, Sir, whether the jurisdiction of this House extends to the whole enor- mity of the transaction of which I stand accused ; whether, may it please your Honour, this trial shall be final and decisive." To which his Honour the Speaker made answer, " that the honourable House had determined to examine this matter no further than as it related to a member of that House." To which I rejoined, " sorry am I, Sir, that my plea for justice cannot be heard : I have been led from Caiaphas to Herod, and from Herod to Pontius Pilate. To what tribunal shall I make my final appeal ? The House will pardon me ; but while they appear so tremblingly alive to preserve their reputation unsullied, they should not forget the sinister influence such precipitation will have at the future trial of perhaps an innocent man ; my cause will be pre- judged, and my guilt ascertained by the sanction of this important body, before due inquisition is made. I did hear, Sir, that this House had determined on my expulsion ;t I immediately transmitted to your Honour a formal resignation of my seat as a member of this House, in some measure to preveixt the ill consequences which their censure might produce hereafter. This honourable House may possibly remember, when Mr. Wilkes was arraigned, in the language of Lord Chatham, for 'blaspheming his God and libelling his King,' the House of Commons, of which he was then a member, did not evidence a premature distress lest their immaculate honours should be tainted; their generous humani. ty induced them to take no cognizance of the fact, till by due process of law he was condemned to exile. After which, they expelled him the House." The Honourable Major Hawley then moved, that the honourable Speaker would put the question to me, whether the letter then read was a true copy of the letter I wrote in ciphers. I replied, it was not an exact copy. Major Hawley then urged, that perhaps there was some trifling literal variations, which made no material difference, but requested that I might be asked whether the letter then read did not contain the true meaning and import of my letter in general. The question was put by the Speakei-, to which I answered as follows : " I perceive the honourable House, influenced by a partial purpose, are determined upon an immediate trial. The honourable gentleman from Northampton perfectly mistakes me if he supposes I mean, through chicane or evasion, to interrupt your inquisition ; confirmed in assured innocence, I stand prepared for your keenest searchings. I now first learn, may it please your Honours, of my being convicted by a Gene- ral Court-Martial of a criminal correspondencet with the enemy; what leads to such a conviction is perfectly unknown to me ; and I presume it is something singular that I should be first acquainted with the * I was not even there favoured with the assistance of the Advocate-General. They cannot pretend it was not a trial, as they made up their judgment, and determined I was convicted of a criminal correspondence, &c. 1"As the General Court-Martial had convicted me without a trial, perhaps the honourable House will think themselves warranted in their sentence of exconununica- tion. t It appears to me a strange perversion of language to assert that I was convicted of a criminal correspondence with the enemy, when there was no single circumstance to lead to such a conviction beyond the letter itself, which carried in it such evident marks of fallacy as to destroy its own testimony; add to this, it savoui-s not a little of ^/6cr;j fan- ism to construe the bare writing a letter (which was never conveyed to the person for whom it was wrote) a conviction of an actual criminal correspondence. The most gevere construction that common understanding could affix to this writing, were it in- disputably calculated to betray tlie interest of the community, would be " aa attempt judgment of that Court in my attendance upon this. It has b^tni fre- quently objected to us by our adversaries, that we were struggling to establish a tyranny much more intolerable than that we m^ant to op- pose. Shall wo justify the prediction of our enemi-.;s ? Will it bs for the honour or interest of the community that one of your friends and partisans is reduced to deprecate that power which, by his constant exertions, he has been in some measure instrumental in supporting ? You profess you are contending for the rights and liberties of British subjects. Why then deny appeal to common law ? Am I impertinent in claiming the rights of Magna Ckarta and Bill of Rights ? Have I no title to a trial by jurors, or the benefit of the Habeas Corpus Act ? But if by a forced construction I am deemed amenable to martial law for matters transacted before my appointment to the hospital, and before the promulgation of those laws, why are the rules and articles framed by the Continental Congress, for the government of the Army, violated in every letter, to accumulate distresses upon me ? ''I have suffered already the utmost penalty annexed to the breach of that law, for which I now stand committed. Am I to be tlie victim of the insatiable rage of my enemies ? Am I perpetually to be subjected to the successive pains and penalties of every capricious power ? It is a maxim in that Government which I claim as my inheritance, Sir, and for which j ou have expressed the highest veneration, " Misera equideni est servitus ubi jus est vagum et incertum .•" Miserable indeed is that state of slavery where the right of the subject is vague and un- certain. But I will not engross the time of this honourable Court. I did say. Sir, the letter, as now read, is not a liter^il construction of that I wrote in ciphers, as far as my memory serves, for the letter was writ- ten in great haste. I never have been favoured with a copy since, to consider of it, and have never seen it till to-day, except the very cur- sory readmg I gave it when before the General Court-Martial, at which time the perturbation of mind incidental to such a situation naturally prevented such a close attention as to enable me to recollect the con- tents. I believe, in general, the sense is preserved ; in some instances it is perverted. It has been proposed, that the letter be read in para- graphs, and that I be questioned in order. If it will be agreeable to the honourable House, I will read the letter in paragraphs : I will can. didly and faithfully execute my intention in the course of my reading ; and, to convince the honourable House that I mean not to cavil at trifling inaccuracies, I will correct the erroneous passages as I proceed, and restore the true reading on a different sheet." This motion was acceded to by the honourable House, and the copy of the letter being handed to me by John Pitts, Esq, \> , I began : " Pre- vious to any remarks upon the substance of this reprobated letter in niy hand, by your Honour's leave, and the indulgence of the honourable House, I will repeat the circumstance which led to, and my motives for writing the letter : sometime after my return from Philadelphia, I was passing in my chaise towards Mistick, I met with a team con. 'veying household furniture towards Cambridge. In the team, seated on a bed was a woman with two children ; the woman accosted mo by name, asking me if I did not know her ; her countenance was familiar to in3; I answered yes, and inquirod when she left Boston; she informod me, the day before, and told me, she had a letter for me from Boston, from my brother ; she took a small bundle out of her pocket, and, opening it, handed the letter to the carman, who delivered it to me ; it was directed to me ; upon breaking the seal I found it written in ciphers and signed /. F. I put it in my I pocket, and rods a few rods ; curiosity induced me to return back and repair to my lodgings, to, decipher the lett. r, and acquaint myself with the contents. This is the letter. Here I handed the letter to the j Speaker, who read it to the honourable House, as follows : 1 " Dear Doctor : I have often told you what the dreams of your high ' to con-espond with the enemy;" but the person for whom the letter was designed was not in office, was not a soldier ; he was my friend and brother. I have a great venera- tion for severaJ of the respectable personages who composed this Court, but, abstracted from tlie consideration of self, I lament that those worthy characters should have been betrayed into so injurious, so luij ustifiable a construction' of an innocent piece of arti- fice to strve the common cause. If I was then convicted, I suppose my continued im- prisonment is the pennlty awarded for my transgression ; if so, the montli is upland I I ought to be dischargid ; but of this more hereafter. flaming sons would come to; do you forget my repeated cautions not to make yourself too obnoxious to Government ? What siiys the psalm- singer und Johnny Dupe to fightiuir British Troops now ? They are at Philadelphia, I suppose, plotting more mischief, wliere, I hear, your high mightiness has been ambassador extraordinary; take care of your nob, Mr. Doctor — remember your old friend, the orator ; he will preach no more sedition. Ally joins me ia begging you to come to Boston. You may depend upon it, Government is determined to crush this rebellion ; a large re-enforccment of troops is hourly expected, when they are determined to penetrate the country; for God^s sake, Doctor, come to Town directly, I'll engage to procure your pardon ; your sister is un- happy, under the apprehension of your being taken and hanged for a rebel, which God grant may not be the case. Yon miy roly upon it, the Yankees will never be a match for the troops of Great Britain. The Yorkers have behaved like damned fools in robbing the King's stores, as Government intended to have granted them some exclusive privileges in trade had they continued loyal. It will now be a rendezvous for British Troops. We know well enough that you are divided ; your peo- ple are discouraged ; that you want discipline, artillery, ammunition ; and Government has taken effectual care that you shall not be supplied by other Powers. I have wondered that we have not heard from you ; ditference of politicks has not cancelled my friendship for you. Let iiic entreat you not to take up arms against your rightful King, as your fi lend Warren did, for which he has paid dearly. I cannot send your sulky and other matters ye u sent for; you may thank your own peo- ple for that, who first set the example, by preventing any thing from b ing brought to Town. I think you might have sent us a bit of fresh pork now and then. You see Hancock and Adams are attainted alrea- dy. If you cannot pass the lines, you may come in Captain Wallace, via Rhode-Island ; and if you do not come immediately, write me in this character, and direct your letter to Major Cave, on His Majesty's service, and deliver it to Captain Wallace, and it will come pafe. We have often heard your people intend to attack the Town. By God, I believe they had such a dose on Bunker^s Hill as to cool their courage. Your sister has been for running away; Kittr/ hdi& been very sick ; we wished you to see her ; she is now picking up.. " I remain your sincere friend and brotherj I. F. "P. S. Don't fail to write me soon." This letter baing read, I proceeded: "Your Honour well knows i what was our situation after the action of Bunker's Hill; insomuch that it was generally believed, had the BritisJi troops been in a condi- tion to pursue their success, they might have reached Cambridge with very little opposition. Not many days after this, we had a report cir, culated very generally, and as generally credited, of the arrival of a re-enforcement of five thousand British troops in Boston. This hon- ourable House have not forgot the general anxiety excited thereby, to- ( gether with the consideration of our not being in a capacity to make < any tolerable resistance, from the reduced state of our magazines. Was there a man, who regarded his Country, who wouM not have sacrificed his life to effect a tolerable accommodation? My fears, I must con- fess, were greatly excited. At this interval (a week, perhaps, or ten days after I had received this letter) I was confined to my lodgings by a stormy day, contemplating our disagreeable situation. I pulled the letter out of my pocket, and, reading it, the idea of writing an answer to my brother started into my mind. Imigining 1 could improve the opportunity to effect a happy purpose, I immediately set about it. One circumstance which was an inducement to writing at that time was, that a young woman in the same house was ta set off for New. port the next morning. I wilt now proceed to consider the letter by paragraphs, after premising that I have endeavoured to adopt the air and language of a tory throughout, for the purpose of securing con. fidence, and obtaining the intalligence I wanted. " ' Three attempts have I made to write you ; the last, the man | was discovered, but fortunately my letter,' &c. May it please i your Honour, had I written or attempted to write into Boston, is it not very extraordinary that, during my long confinement, when the very antipodes have been alarmed at the transactionj aod every tongue has been clamorous against me ; is it not strange. Sir, that I no proof has been exhibited against me of such correspondence, but in this very letter, wliich is crowded with fallacy, and ob- viously designed to deceive ? The idea of the man being discovered, but escaped, 'the letter being,' &c., was suggested by the affair of Doctor , who was taken, as reported, going into Boston ; was searched, but no letter found. I heard of the matter upon my return from Philadelphia, and that the letter was so concealed ; which was idly reported to be the reason of its not being detected. The other two attempts are mentioned in a subsequent paragraph : ' Twice have I been to Salem,' &,c. This idea was started by the following inci- dent : About a week before I sat out on my journey, Major Bigelow ^ informed me he had received intelligence that provisions and other matters were conveyed into Boston, by the Custom-House boat, from Salem; whicli ought to be immediately prevented. I instantly laid the matter before the Committee of Safi^ty, and they determined to take mea- sures immediately to prevent her passing into Boston. I solemnly declare, Sir, I never wrote one letter into Boston since I left it. I solemnly de- clare, I have never been to the Town of Salem these seven years past." " * I went by the way of Providence, to visit mother.' This passage, I think. Sir, confirms my declaration that the letter was designed for my brother, and not for Major Cane. I should hardly have acquainted the Major of my going to visit my mother, and surely I should not have neglected to affix the relative my to the substantive, were not the letter addressed to a relative character. The next para, graph is, ' the Committee for warlike stores,' ending at ' Bunker's Hill.' Here, may it please your Honour, is a capital omission, which leads to a suspicion of my having written before. In the original copy, I remember perfectly well, after the words ' having taken a previous resolution to make tlie offer to General Ward,' were added ' for the purpose of fortifying Bunker's Hill.' This part of the sentence was either inadvertently left out by myself in copying the letter into ciphers, or omitted by the person who deciphered the letter ; this ac- counts for the reference below, ' as I before hinted,' and reconciles this passage with the first paragraph, that ' I had made three attempts J to write him without success.'/* ; / j The true state of the fact is as fol- I lows : The taking and fortifying Dorchester-Hill was the first object I in contemplation when I left the camp. I was sensible we had not J lieavy artillery. When at Providence, being informed that they had a I considerable number there, I applied to the Hon. Mr. Ward, who re. i sided then at Providence, and was a member of the Committee of War I for such of them as they could spare. Mr. Ward called the Commit! tee together, when they generously granted them, and they were sent down. The application was made spontaneously by me, and I wrote a letter of apology to General Ward for my officiousness in this matter. The reason of my covering this transaction in my letter must be ob! vious. There was a constant communication between Newport and Boston. There was no doubt but they would have accounts of this transaction. Did I not account for it in a way to conceal my being active in the matter, I should have been defeated in my intentions in writing." Here I was interrupted, and the House voted to adjourn to three o'clock. I was ordered to make such corrections in the interim as to make it correspond with the original draught. I was then, by the order of the honourable House, conducted by my guard, under custody of the messenger of the House, to Coolidge's Tavern, where, at the publick expense, I was regaled with half a mug of flip and the wing of a chicken, and was tlien reconveyed to the House, in the manner I came from thence. When arrived at the door of the House, the mes- senger communicated my arrival. He was directed to detain the pri. soner at the door till called for. I was continued in the cold, on a bleak eminence, for the space of half an hour — which, after a month's close confinement, was not very eligible — and during the whole time surrounded by my guards, with additional mobility, digiio monstrari et dicier hie est; during which time a solemn vote was passed to invite the honourable His Majesty's Council for this Colony, and sundry mili. tary gentlemen, to be present at the trial ; and when their Honours had taken their seats, orders were given to admit the prisoner. I was then introduced to the bar of the FIousc. The Speaker, addressing himself to me, informed me the House were ready to hear me, and ordered me to proceed. I began as follows : " May it please your Honour, to the patient attention, the apparent candour, and generous humanity of the honourable House, I feel myself deeply indebted. I shall now pro- ceod, by their continued indulgence, to some further observations on the letter; not doubting, from the approved justice and benignity of this honourable Assembly, a full acquittance from the groundless charges levelled against me. " The next paragraph is, ' which, together with the cowardice of the clumsy Colonel Gerrish,'' &c. to ' defeat.' There is a mistake in the word lucky in this sentence ; the original was unlucky, the negative being marked by an additional stroke in the I. Here I cannot but obseiwe, Sir, that, notwithstanding the apparent labour and design, throughout the whole, to maintain the character of a tory, yet, in this paragraph, I have inadvertently betrayed myself; having men- tioned Colonel Gerrish and Colonel Scammons in terms of reproach and indignation, for not engaging the King's troops. After giving an account, in the next paragraph, of the number of our killed and wounded in the battle of Bunker's Hill, which greatly falls short of truth, and an oblique sarcasm upon them for their extravagant calcu- lation in this matter, I proceed, in several succeeding paragraphs, in the most exaggerated terms possible, to alarm him with a very formidable account of the spirit, supplies, resources, industry, union, and resolu- tion of the Colonies, all confirmed by ocular demonstration, beginning with ' tiie people of Connecticut,'' and continued as far as ' are readily exchanged for cash.' As far as my contracted reading and observa- tion extends, may it please your Honour, it has been the policy of those we heretofore deemed our enemies to speak in contemptuous terms of the courage, strength, union, and resources of these Colonies; they have, I apprehend. Sir, constaniJy endeavoured to discourage us, and encourage the enemy, by remonstrating, in the warmest manner, the impossibility of our making any efFtctual resistance agiamst them._ If I am condemned for a representation perfectly the reverse of this, I would ask. Sir, who are your friends ? Is it criminal and mjunous to you to say we are able and determined to withstand the power of Bri- tain ? Is it criminal, Sir, to alarm them with a parade of our strength and preparation ? Is it bad policy, or a proof of enmity, when under the most alarming apprehensions of instant ruin from their attack, by an innocent stratagem to divert them from such a ruinous enter- prise ? " The next matter most strenuously urged and insisted upon, is an immediate accommodation, or the Colonies are disjoined from Britain forever. See from ' add to this ' to ' for God's sake, prevent it, by a speedy accommodation.' Here, may it plea«e your Honour, the plot is unravelled ; the scope and design of the letter is here fully explain, ed — to effect the reconciliation so vehemently urged, so repeatedly recommended. For what cause have I worn the garb of a friend to Government throughout this letter ? For what cause have I repeated fallacy upon fallacy ? For what cause have I exaggerated your force, but to effect a union, to disarm a parricide, to restore peace to my dis- tracted Country ? If this is the work of an enemy, where are we to look for a friend ? There are two or three passages which, from being misunderstood, have been greatly exaggerated, which I shall explain hereafter. "The next paragraph, beginning at 'writing this' to ' discovery,' is totally futile and apocryphal. The next passage, ' I am not in place here,' &c., is in answer to his request, in his letter, not to take up arms against the King, and to quiet the fears of a sister, as well as to carry on the deception; but even here, through haste and inatten- tion, I have committed a blunder which should have been avoided. I have mentioned a readiness to take up with an appointment in my own way, not considering that in the capacity of a physician or surgeon I should be deemed aiding and assisting, and equally obnoxious with those who were actually in arms. The concluding paragraph contains partic- ular directions for his writing me ; from hence, I think, Sir, the follow- ing conclusions are fairly deducible : First, my endeavours to appear so zealous a friend to Government, and so seemingly open and commu- nicative, were to engage him to a full and free communication on his part, for purposes very obvious. Again, Sir, I think it is indisputably proved, from this paragraph, that a previous correspondence never sub. sisted between us. If this had been the case, Sir, can it be supposed I should be so extremely minute and circumstantial in pointing out a mode and channel of conveyance ? or, if we had heretofore communi- cated, should I not have intimated my reasons for altering the plan ? I have urged labour and pains in writing him; I have urged secrecy; I have urged danger, merely to impress his mind with my being zeal- ously attached to his party, to secure full faith and credit, to influence him to an unlimited confidence in his return to me. If in this I have transgressed, the motive will surely absolve me. Here, may it please your Honour, concludes the lottar, innocently intended, however indis- creetly executed — a letter which has alarmed the world, wounded me in the esteem of my friends, and glutted the malice of my enemies. " I shall now, by your Honour's leave, make a fov/ observations on some particular passages, and then conclude. One or two paragraphs have been urged as proofs of my having carried on a correspondence with this person for some time past. The words ' as I hinted before to you' is one. This I have explained already. Another is: 'You know I never deceived you.' Tiie man I wrote to had implicitly swallowed the doctrine of Mr. Hutchinson : that all the opposition arose from a small but busy faction ; that the Americans would never dare to fight the British troops. These sentiments I had constantly and warmly opposed ; assuring him the Continent was engaged in the oppo- sition to the present measures; and if blood should be drawn, he would be convinced of the spirit and resolution of Americans. , , , These facts iie assented to the last time I saw him, and acknowledged I had not deceived him ; which fully explains this passage. Thai; the letter is totally fallacious, as far as evidence is admissible, you cannot doubt, Sir. The pains taken to send letters is, in every instance, incontest- ably false. The matter of sendinor cannon from Providence, as there related, is equally so, and probably calculated to effect political pur- poses. Why, then, may it pleasa your Honour, shall unbounded credit be given to that letter, which bears such glaring marks of fal- lacy and design, and couched in terms totally inconsonant with the conduct of my whole life; against the conviction arising from that conduct ; against my solemn asseveration, and against sundry con. earring circumstances, to prove that it was meant as a piece of po- litical deceit to serve my Country ? If I had intended to commence a spy, Sir, why did I not communicate other matters than those which W5re of publick notoriety? The affiir of robbing the King's stores in New-York is adopting his very language. The expedition against Canada is barely mentioned, and introduced merely because it was published at the same time and in the same papers with the matter imntioned by himself; it was impossible but he should have known ir, and therefore had I suppressed it, it might have excited a jealousy no way favourable to my purpose. Were there not sundry important matters then agitating, which I was well acquainted with ? If I had b-,en an enemy, why did I not mention those matters, which to com. numicate would be to defeat ? Were I that enemy, may it please your Honour, which the tongue of slander proclaims me to be, should I have made such an ostentatious pjrade of our strength and resources? Should I not rather have dwelt with a malicious pleasure on our weak, ness ? Should I not rather have advised the enemy where to attack us with assurance of success ? Should I not rather have encouraged them to prosecute the war with vigour, than to desist from hostilities, and propose terms of accommodation ? Certain I am, Sir, the letter bears the impression of an anxious friend to his Country. I have there expressed a firm loyalty for the King ; so has this House, in every publick proceeding. I have told him, and confii-med it with abundant facts, that the Americans were determined vigorously to defend their rights ; so have you. Gentlemen, asserted in the strongest terms. I have recommended, with all the warmth of an honest zeal, to put an end to the work of death ; is not this the universal wish, Sir ? You will say, perhaps, I conversed with him in the language of an enemy. He is a friend to Government, so called, Sir. I wrote ad hominem; I wrote ad captutn. Where, may it please your Honour, is the crime, unless it be a crime to pursue indirect measures, at a time of publick dang r, to prevent u publick c ilamily ? The manner in which the letter Wwis written, the mode of address and conveyance, have likewise been much condemned ; but if it be considered, Sir, that this was the mode prescribed b}'^ tlie person to whom I wrote ; that affjcted secrecy and an ostensible coincidence in sentiment v\'ero indispensable, in order to effect my design, those of candid and liberal sentiments will readily pardon me. I have been used. Sir, to direct the reins in my little the- atre of politicks. I had no suspicion of evil, because I meant none. The letter was intrusted to a man I did not know ; whom I never saw. Two months it lay where I could easily have obtained it. I never was one moment anxious about it. Siir -ly, may it please your Honour, it will atford a presumption of my innocent intention, at least, when the letter was lodged in the hands of a stringer who resided in the very centre of my iVien Is and relations, that I never was solicitou?: enough to write to one of tiiose to secure it. " 1 will entreat the patience of tlic honouruble House for a moment longer. When I was in Boston, exposed to certain hazard, solicited, persecuted, and personally obnoxious, did I ever recede one moment from the cause of my Country ? "" V Though frequantly threatened and abus'jd, as I passed the streets, my house assaulted, and my windows broken in the night, was I ever intiiU'datod froai pursuing, v.'ith my utmost vigour, the inter^^st of the publick ? And now, Sir, when the Colonies ars united, the opposition general and formidable, my person secure, and no other temptation to revolt but the hopes of pardon, tu hi thus influenced at tiiis time mast betray a versatility bordering upon insanity. Were my small, but sincere services ill requited ; Avere I entirely neglected in the dispensation of publick benefits, I miglit be suspected of apostacy, from clia.grin and disappointment. But the matter is so totally different, that, when the establishment of an liOb- pital was in contemplation, I had every satisfactory encouragement that I should be appointed ; and in such a way as to have my utmost wishes gratified. " The result of this inquiry, may it please your Honour, the determi. nation of this important body, is to me of the last importance, I solicit not life ; that I have long held in my hand, a ready, a devoted oblation to my Country. I plead for more than life. I plead, in spite of one act of precipitation, and even that from a virtuous intentiou, I plead a restoration to your confidence and esteem — to the esteem and confidence of my Country — which I have never forfeited. If I have inadvertently ei-red, judge my mistakes with candour. The irregularity of a measure Avhich they are unable to account for has alarmed, has startled my friends. Their determination is suspended : it rests upon yours. ♦' I demand your confidence, gentlemen ; the warmest bosom here does not flame with a brighter zeal for the security, happiness, and liberties o£ America, than mine. Consider, gentlemen, the adopted character sustained through that letter, consider the apparent design, and attend to the concluding urgent recommendation of an immediate accommo- dation ; weigh the labours of an active life against the indiscretion of an hour. Be pleased to consider. Sir, if the letter had arrived, had it not produced the good intended, it could not have produced any mis- chief; but it never arrived, never produced any ill consequences but to the guiltless though unfortunate author. Consider, gentlemen, what a miserable, what an embarrassed situation 1 shall be flung into, if so unhappy as to incur your censure ; here I shall be wretched indeed — subjected to the sting of invective, pointed with savage asperity — doublv wretched in having no sanctuary from reproach and ruin. The most obstinate and malicious enemy to his country finds a secure asylum in that retreat where I have sacrificed my fortune for you, and which I have eff'ectually barred by my incessant exertions in your service. To your wisdom, gentlemen, to your justice, to your tenderness. I cheerfully submit my fate." Here I was questioned respecting sundry matters which were uttered during my defence, by sundry members of the honourable House, and was directed to withdraw, under the conduct of the guard. Previous to my departure from the House, I addressed myself to the honourable Speaker, informing the House I desired to be admitted to bail ; other- wise, I was fearful of falling a martyr to the severities of my impri- sonment; and then withdrew. From my Prison in Cambridge, Novemher 1, 1775. Attest : B. C, Ju.v. hi Council, November 4, 1775 : Read and concurred. The Committee for considering the conduct of Benja- min Church, Esq., &ic., reported. Whereas, from certain facts expressly acknowledged and confessed by Benjamin Church, Jun., Esq., a member of the said House, at their bar, on Friday, the 27lh day of Oc- tober last, it manifestly appears that lie, the said Benjamin Church, in the month oC July last, did endeavour to carry on a secret correspondence with the enemy in Boston, highly criminal and dangerous : And whereas it also appears, from the said facts so con- fessed, that there are grounds for a violent presumption, that before that time he had secretly communicated intel- ligence to the said enemy, most injurious and destructive to this and all the United American Colonies ; and as it is of the highest importance to this Colony that this House should not in any degree connive at such wicked and de- testable practices, nor afford any protection to such traitor- ous criminals ; but, on the other hand, in every proper way testify to the world their utmost abhorrence of such deceit- ful conduct, horrible ingratitude, ^nd breach of trust : It is therefore Resolved, That he, the said Benjamin Church, be expelled this House, and he is accordingly hereby utterly expelled the same, and his seat therein de- clared vacant; and that this House will not afford to him, the said Benjamin, any of that special privilege and pro- lection which every worthy and honest member of this body is, by the law and Constitution, entitled to, may chal- lenge, and which this House will always grant. Upon a motion. Ordered, That a Precept issue to the late inhabitants of the Tow^n o{ Boston, to return a Mem- ber, if they see cause, to represent them in the Great and General Court, in the room o^ Benjamin Church, Jun., Esq., and that Mr. Pitts report a form for the same. Upon a motion. Ordered, That Mr. Story, Mr. Gerry, and Colonel Orne, be a Committee to consider the expe- diency of this Court's taking any measures for the security of Dr. Church, if General Washivs:ton should dismiss him, )ort. an^ and report. CONNECTICUT COMMITTEE OF SAFETY. Wednesday, November 22, 1 775. At a meeting of the Governour and Council of Safety, at Lebanon, present : His Honour the Governour, Jahez Huntington, William Williams, Nathaniel Wales, Jedediah Elderkin, Joshua West, Benjamin Huntington, Esquires. His Honour laid before us many Letters and Answers from the Congress, General Washington, General Schuy- ler, Sic. Dr. Church having arrived in this Town yesterday, sent by General Washington, under guard of Captain Putnam, a Sergeant, and seven men, pursuant to a Resolve of the General Congress of the following tenor, (enclosed by said General,) viz: "Philadelphia, November 6, 1775. "Resolved, That Dr. Church be closely confined in some secure Jail in the Colony of Connecticut, without the use of pen, ink, and paper, and that no person be allowed to converse with him, except in the presence and hearing of a Magistrate of the Town, or the Sheriff of the County where he shall be confined, and in the Eiiglish language, until further orders from this or a future Congress. " By order of Congress : John Hancock, President. ''Attest: Charles Thomson, Secretary,''^ And underwritten: "Sir: In consequence of the above resolve, I now transmit to your care Dr. Church, under the guard of Cap- tain Israel Putnam, a Sergeant, and seven men. You will please to comply in every particular with the above Reso- lution of Congress. " I am, with great respect. Sir, your most humble and obedient servant, ,, r> wt -j ' *' George Washington. ' The foregoing being laid before this Board, for advice, &c., on consideration. Voted and B-esohed, That said Dr. Church be commit- ted to and confined, and kept in the same manner as or- dered by said Congress, in the Jail in Norivich, in the County of New-London, until further orders from said Congress and this Board. (And order is given accord- ingly.) PETITION OF DOCTOR BENJAMIN CHURCH TO CONTINENTAL CONGRESS. To the Honourable the Members of Congress in Phila- delphia, Greeting: The Petition 0/ Benjamin Church, Jun. May it please your Honours : Whereas, your petitioner was put under arrest, in Cam- bridge, on the 27th of September last, by his Excellency General Washington, where he was confined, a close pri- soner, till the 16th day of November; and your petitioner having inherited from Nature a feeble constitution, with a particular tendency to consumption, from which, with great difficulty, he escaped with life, a few years past, and has been compelled to observe the greatest caution ever since, respecting his diet, air, and exercise ; your petitioner being precluded, by his severe confinement, from that attention necessary to his preservation, was there attacked with his constitutional complaints : a straightness of the chest, in- cessant cough, and spitting of blood. On the 16th o( November last, may it please your Hon- ours, your petitioner was removed, by order of your Hon- ours, into the Colony of Connecticut, to be further confined, and was committed, by command of his Honour the Go- vernour, and the honourable Committee, to Norwich Jail, in a close, narrow, dark, and noisome cell ; previous to his being lodged therein, a small grate (to the total exclusion of light and air) was nailed up. Deplorable, indeed, may it please your Honours, has been the event, to your petitioner. He had not been im- mured in this receptacle of misery but a few hours, when, from the weak state of his lungs, and the corrupt and stag- nant air of his cell, he began to labour for breath. In his insupportable distress, which was so great as repeatedly to force blood from his mouth and nostrils, he earnestly en- treated his jailer to open the grate, which he declined doing, as it would be a breach of his orders. The most violent convulsive asthma, with all the unspeakable agonies of instant strangulation, then took place. The keeper of the prison, being justly alarmed with apprehensions of the immediate death of your petitioner, hastened to his Honour the Governour, giving him an account of the distressed and dangerous situation of your petitioner. His Honour compassionately directed the grate to be opened. This, though a partial, proved but an ineffectual relief, as your unhappy petitioner, at frequent intervals, by day and by night, still struggles with the apprehensions of im- mediate death from suffocation. He has applied to Messrs. Tracey, Rogers, and Turner, Physicians, in the town, who concur in sentiment, that nothing but exercise, in a clear, elastic air, will contribute to his recovery. Your petitioner, to obtain the most speedy relief, which the urgency of his circumstances required, presented a peti- tion to the General Assembly of this Colony, for that pur- pose ; but the honourable Assembly judged it improper to act upon the matter, as the order of Congress for his con- finement was absolute. This, may it please your Honours, is but an imperfect representation of the accumulated distresses of your misera- ble petitioner. He most humbly beseeches your Honours to have compassion upon him. He considers, with min- gled grief and indignation, the precipitate step he has taken ; but appeals to the Searcher of all Hearts, that the letter, which has proved the unhappy occasion of his suf- ferings, is the only letter he ever wrote, to go into Boston. That offensive letter was designed as a political decoy for his brother Fleming; and, however equivocal or absurd it may appear to your Honours, was, indeed, dictated by an anxious concern for the distresses of his country. Your petitioner most earnestly entreats your Honours to permit him to retire to his distressed and necessitous fami- ly, in Taunton, and he will never cease to be grateful for your humanity and clemency ; and, should he be so happy as to recover his health, your Honours may be assured, it shall be his constant exertions, as it has ever been the first wish of his heart, to promote the welfare of his country. Your petitioner, may it please your Honours, would deprecate that any jealousy, respecting the integrity of his designs should possess the minds of your Honours; but, if he should be so greatly unhappy, he would request your Honours' permission, by the first opportunity, to leave the Continent ; but begs leave to plead with your Honours, to indulge him with an opportunity, by his future endeavours here, to redeem his injured reputation — to approve himself the same inflexible friend to the common rights, and to conciliate the esteem of his worthy countrymen. And your petitioner, as in duty bound, shall ever pray, &c. Benjamin Church, Jun. Norwich Jail, January 1, 1776. : • . . " •■ J Tuesday, May 14, 1776. A Letter of the 1 1th, from General Washington, enclosing sundry papers ; a Letter of the 3d, from General Schuyler y and a Letter of the 9th, from Daniel Robertson, were laid before Congress, and read : Resolved, That they be referred to a Committee of three. The Members chosen : Mr. W, Livingston, Mr. Jefferson, and Mr. J. Adams. The Committee to whom the Petition of Dr. Benjamin Church, now confined in Jail in Norwich, in the Colony of Connecticut, and a Petition from Benjamin, Samuel, and Edward Church, together with a Certificate from Physicians respecting the dangerous state of the aforesaid Dr. Church, were referred, brought in their Report ; which was read, and agreed to : Whereupon, Resolved, That Dr. Benjamin Church be sent to the Colony o{ Massachusetts-Bay, and that the Coun- cil of the said Colony be requested to take a recognisance from him, with two good sureties, in such penalty as they shall think sufficient, not being less than £1,000, lawful money, for his appearance before such Court as shall be erected for his -trial, and at such time and place as such Court shall direct, and to abide the judgment of the same ; and that they be further requested to take his parole not to hold any correspondence with the enemies of the United Colonies, or at any time to depart out of the said Colony without their license ; and that, upon the performance thereof, the said Dr. Benjamin Church be set at liberty. .0 \Q^^. •^^^ 'M V' s, -^^ %s^^ "bo^ ,0 '^ ^ " V^^ u %^^' -^^ •-%•.# :^-^MK' %^^) ^