Common Sense. Thomas Paine
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the Papers of June 18th & 25 and July 2d you will find Genl. Washington and Arnold's Letters of the Enemy's movement in, and retreat from the Jersies. We are under some apprehensions for Ticonderoga, as we find the Enemy are unexpectedly come into that Quarter. The Congress have several times had it in contemplation to remove the Garrison from that Place—as by Experience we find that Men shut up in Forts are not of so much use as in the field, especially in the highlands where every hill is a natural fortification.
"I am Sir
"Your Obt. Humble Servt.
"Thomas Paine.
"Secretry to the Committee for Foreign Affairs."1
After the occupation of Philadelphia by the British (September 26, 1777), Paine had many adventures, as we shall presently see. He seems to have been with Washington at Valley Forge when the Pennsylvania Assembly and President (Thomas Wharton, Jr.,) confided to him the delicate and arduous task assigned by the following from Timothy Matlack, Secretary of the Assembly:
"Lancaster, Oct. 10, 1777. Sir,—The Hon'ble house of As'y have proposed and Council have adopted a plan of obtaining more regular and constant intelligence of the proceeding of Gen. Washington's army than has hitherto been had. Everyone agrees that you are the proper person for this purpose, and I am directed by his Exc'y, the pr't, to write to you hereon (the Prs't being engaged in writing to the Gen'l, and the Express in waiting).
"The Assembly have agreed to make you a reasonable compensation for your services in this business, if you think proper to engage in it, which I hope you will; as it is a duty of importance that there are few, however well disposed, who are capable of doing in a manner that will answer all the intentions of it—perhaps a correspondence of this kind may be the fairest opportunity of giving to Council some important hints that may occur to you on interesting subjects.
"Proper expresses will be engaged in this business. If the expresses which pass from headquarters to Congress can be made use of so much the better;—of this you must be judge.
"I expect Mr. Rittenhouse will send you a copy of the testimony of the late Y. M. by this opp'y, if time will admit it to be copied—'t is a poor thing.—Yours, &c, T. M."2
What with this service, and his correspondence with foreign agents, Paine had his hands pretty full. But at the same time he wrote important letters to leading members of Congress, then in session at York, Pennsylvania.
The subjoined letter sheds fresh light on a somewhat obscure point in our revolutionary history,—the obscurity being due to the evasions of American historians on an episode of which we have little reason to be proud. An article of Burgoyne's capitulation (October 17th) was as follows:
"A free passage to be granted to the army under General Burgoyne to Great Britain, upon condition of not serving again in North America during the present contest: and the port of Boston to be assigned for entry of transports to receive the troops whenever General Howe shall so order."
A letter was written by Paine to Hon. Richard Henry Lee, dated at "Headquarters, fourteen miles from Philadelphia," October 30th, 1777.
"I wrote you last Tuesday 21st Inst., including a Copy of the King's speech, since which nothing material has happened at Camp. Genl. McDougal was sent last Wednesday night 22d. to attack a Party of the Enemy who lay over the Schuylkill at Grey's Ferry where they have a Bridge. Genls. Greene & Sullivan went down to make a diversion below German Town at the same Time. I was with this last Party, but as the Enemy withdrew their Detachment We had only our Labor for our Pains.
"No Particulars of the Northern Affair have yet come to head Qrs., the want of which has caused much Speculation. A copy, said to be the Articles of Capitulation was recd. 3 or 4 days ago, but they rather appear to be some proposals made by Burgoyne, than the Capitulation itself. By those Articles it appears to me that Burgoyne has capitulated upon Terms, which we have a right to doubt the full performance of, Vizt., 'That the Offrs. and Men shall be Transported to England and not serve in or against North America during the present War'—or words to this effect.
"I remark, that this Capitulation, if true, has the air of a National treaty; it is binding, not only on Burgoyne as a General, but on England as a Nation; because the Troops are to be subject to the conditions of the Treaty after they return to England and are out of his Command. It regards England and America as Separate Sovereign States, and puts them on an equal footing by staking the faith and honor of the former for the performance of a Contract entered into with the latter.
"What in the Capitulation is stiled the 'Present War' England affects to call a 'Rebellion,' and while she holds this Idea and denies any knowledge of America as a Separate Sovereign Power, she will not conceive herself bound by any Capitulation or Treaty entered into by her Generals which is to bind her as a Nation, and more especially in those Cases where both Pride and present Advantage tempt her to a Violation. She will deny Burgoyne's Right and Authority for making such a Treaty, and will, very possibly, show her insult by first censuring him for entering into it, and then immediately sending the Troops back.
"I think we ought to be exceedingly cautious how we trust her with the power of abusing our Credulity. We have no authority for believing she will perform that part of the Contract which subjects her not to send the Troops to America during the War. The insolent Answer given to the Commissrs. by Ld. Stormont, 'that the King's Ambassadors reed, no Letters from Rebels but when they came to crave Mercy? sufficiently instructs us not to entrust them with the power of insulting Treaties of Capitulation.
"Query, Whether it wd. not be proper to detain the Troops at Boston & direct the Commissioners at Paris to present the Treaty of Capitulation to the English Court thro' the hands of Ld. Stormont, to know whether it be the intention of that Court to abide strictly by the Conditions and Obligations thereof, and if no assurance be obtained to keep the Troops until they can be exchanged here.
"Tho' we have no immediate knowledge of any alliance formed by our Commissioners with France or Spain, yet we have no assurance there is not, and our immediate release of those prisoners, by sending them to England, may operate to the injury of such Allied Powers, and be perhaps directly contrary to some contract subsisting between us and them prior to the Capitulation. I think we ought to know this first.—Query, ought we not (knowing the infidelity they have already acted) to suspect they will evade the Treaty by putting back into New York under pretence of distress.—I would not trust them an inch farther than I could see them in the present state of things.
"The Army was to have marched yesterday about 2 or 3 Miles but the weather has been so exceedingly bad for three days past as to prevent any kind of movement, the waters are so much out and the rivulets so high there is no passing from one part of ye Camp to another.
"I wish the Northern Army was down here. I am apt to think that nothing materially offensive will take place on our part at present. Some Means must be taken to fill up the Army this winter. I look upon the recruiting service at an end and that some other plan must be adopted. Suppose the Service be by draft—and that those who are not drawn should contribute a Dollar or two Dollars a Man to him on whom the lot falls.—something of this kind would proportion the Burthen, and those who are drawn would have something either to encourage them to go, or to provide a substitute with—After closing this Letter I shall go again to Fort Mifflin; all was safe there on the 27th, but from some preparations of the Enemy they expect another attack somewhere.
"The enclosed return of provision and Stores is taken from an account signed by Burgoyne and sent to Ld. George Germain. I have not time to Copy the whole. Burgoyne closes his Letter as follows, 'By a written account found in the Commissary's House at Ticonderoga Six thousand odd hundred Persons were fed from the Magazine the day before the evacuation.'
"I am Dear Sir, Yr. Affectionate Hble. Servt.
"T. Paine. "Respectful Compts. to Friends.
"If the Congress has the