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Given at Head-Quarters, Morris-Town, January 25, 1777
Oaths of allegiance
Whereas several persons, inhabitants of the United States of America, influenced by inimical motives, intimidated by the threats of the enemy, or deluded by a Proclamation issued the 30th of November last, by Lord and General Howe, stiled the King’s Commissioners for granting pardons, &c. (now at open war, and invading these states), have been so lost to the interest and welfare of their country, as to repair to the enemy, sign a declaration of fidelity, and in some instances have been compelled to take oaths of allegiance to and engage not to take up arms, or encourage others so to do, against the King of Great-Britain; And whereas it has become necessary to distinguish between the friends of America and those of Great-Britain, inhabitants of these States; and that every man who receives protection from, and as a subject of any State, (not being conscientiously scrupulous against bearing arms), should stand ready to defend the same against hostile invasion; I do therefore, in behalf of the United States, by virtue of the powers committed to me by Congress, hereby strictly command and require every person, having subscribed such declaration, taken such oath, and accepted such protection and certificates from Lord and General Howe or any person under their authority forthwith to repair to Head-Quarters, or to the quarters of the nearest general officer of the Continental Army, or Militia, (until further provision can be made by the Civil Authority,) and there deliver up such protections, certificates and passports, and take the oath of allegiance to the United States of America. Nevertheless hereby granting full Liberty to all such as prefer the interest and protection of Great-Britain to the freedom and happiness of their country, forthwith to withdraw themselves and families within the enemy’s lines; and I do hereby declare, that all and every person, who may neglect or refuse to comply with this order, within Thirty days from the date hereof, will be deemed adherents to the King of Great-Britain, and treated as common enemies of the American States.
TO AN UNIDENTIFIED CORRESPONDENT
Sir:
I have receiv’d your Letter of yesterday. In answer to it I beg leave to observe that it is not within the scan of human Wisdom to devise a perfect Plan. In all human Institutions. In the accomplishment of all great events. In the adoption of any measure for general operation, Individuals may, and will suffer; but in the case complain’d of, the matter may, I think, be answered by propounding a few questions.
Defense of oath of allegiance
Is it not a duty Incumbent upon the Members of every State to defend the rights and liberties of that State? If so, is an [oath ex]orted from them, to observe [a con]trary conduct, obligatory [ ] If such Oath was not [extorted] but the effect of a volunta[ry act] can the person taking of[fence be] considered in any other light than as an Enemy to his Country? * In either case then, where is the Injustice of calling upon them to a declaration of their Sentiments? Is a Neutral character in one of the United States, which has by her Representatives, solemnly engaged to support the Cause, a justifiable one? If it is, may it not be extended to corporate bodies; to the State at large, and to the inevitable destruction of the opposition; which under Providence, depends upon a firm union of the whole, and the spirited exertions of all its Constituent parts?
Upon the whole, it appears to me that but two kinds of People will complain much of the Proclamation, namely, those that are really disaffected, and such as want to lay by, and wait the Issue of the dispute. The first class cannot be pleased; the next are endeavouring to play a dble. game, in which their present protections may, eventually, become a sure Card.
Head Quarters, Morris Town, May 23, 1777
Dear Sir:
Your favor of the 4th. instant was duly handed me. I am fully sensible of the zeal, your State has demonstrated, in the instances you recite, and in many more. With you, I consider them as great exertions, and as a decisive evidence of your inclination to do every thing in your power to advance the Common Cause. At the same time, whatever efforts have been, or can be made, are not more than adequate to the exigency of our Situation. Tho’ over sanguine and uninformed people may think differently, this is a most interesting and critical period, and will not countenance the least want of Activity or attention in any quarter. I have the highest confidence, that your State will not let the great object, we are contending for, be lost, or endangered, more than is unavoidable, by any such deficiency on their part.
Your repealing the offensive part of the Act you mention, is a proof of your justice and regard to the Sense of your Sister States. It certainly bore the features of a monopoly, and was liable to the interpretation put upon it; and, though I am ready to believe, it proceeded from impolitick, rather than Selfish, motives, I am happy the Cause of complaint is removed, and the matter placed upon a more liberal footing.
Need for a continental army
I observe, your State is not a little alarmed at the prospect of an immediate invasion. Notwithstanding the intelligence from Europe, in some measure, warrants the Supposition of such an event and makes it proper not intirely to disregard it; yet I am clearly of opinion, it is not much to be apprehended. It is by no means an eligible way to the conquest of this country; your State, from its union, numbers and Situation, being capable of a much better defence than perhaps any other; and it is presumable, the Enemy will make their attacks where Circumstances promise the greatest likelihood of Success. But, be this as it may, I cannot help disapproving the project of raising Colonial regiments for your defence, at least till the Continental are filled. It is easy to perceive, as you have yourself hinted, that it will have a direct tendency to defeat your endeavours, for compleating your quota of the United Army; and it would be the most wretched policy to weaken the hands of the Continent, under the mistaken Idea of Strengthening your own. It would also be well to consider, how far it might be consistent with propriety, in the pursuit of partial schemes, to put it out of your own power to fulfill what is required of you by the Continent.
Dangers of state levies
If the Several States, by levying Troops on the particular establishment of each, leave but a Small Continental Army in the Field, it will be impossible effectually to watch the Motions of the Enemy, and oppose them where they may in reality direct their operations; the consequences of which must be inevitably fatal. But if we have a sufficient Continental force on foot, we shall be able to watch them narrowly and counteract them wherever they may attempt to move. Every State will find its Security in such an Army, whose sole business it will be to oppose the Enemy,
