[No. 4993.]

JOHN MORIN SCOTT'S PROJECT

For the Protection of New York upon the Evacuation of the British Army.

Fish Kill, April 4th, 1783.

Dear Sir, I take the Liberty to hand to you the inclosed paper; the Contents of which were hastily thrown together for your Excellency's Consideration and perusal. One Inducement, among others, which led me to do it, was an Information that Connecticut has opened a wide door for the admission of all our dis affected and their property. A Scheme evidently calculated to build themselves up on our Ruins. As one Instance of this, it is reported that Jo: Smith is either gone or going to that State with £30,000 worth of Dry Goods. If those Things cannot speedily be prevented, God only knows what will become of our poor State, already brought to the Verge or Ruin by the War. I take the Liberty to intreat your Excellency's Sentiments on the inclosed with as much Speed as may be convenient, and am with the greatest respect Your Excellency's most obedient Servant

His Excellency Govr. Clinton.

Jno. Morin Scott

P. S. I send to Mr. Harpur for a Copy of the last Law; pray be so kind as to urge him to send it to me immediately.

PLAN FOR GAINING POSSESSION OF THE SOUTHERN DISTRICT BY THE TEMPORARY GOVERNMENT THEREOF.

Whereas by a Law "Entitled an Act for the temporary Government of the Southern Parts of this State whenever the Enemy shall abandon or be dis"possessed of the same, and until the Legislature can be convened," passed Octr. 23d 1779, the Council therein mentioned are vested with the following powers to wit; to ordain:

1st For Preserving peace & Good Order in the Southern district.

2dly. For preventing a Monopoly of any of the necessaries of Life, or of any Goods Wares or Merchandizes in the said district.

3dly. For preventing the Exportation of the same out of the said district.

4thly. For billeting Troops within the district.

5thly for seizing and impressing Fuel, Forage, Vessels, Horses, Teams, Carriages & drivers.

6thly for supplying the Markets within the district with provisions & regulating their prices.

7thly For the holding of Elections in the district for representatives in the Senate and Assembly and Corporation & Town Officers.

Sthly For appointing the Mode of such Elections; and making such provisions as may be deemed necessary to prevent persons charged with or suspected of disaffection to the Freedom and Independence of this State from electing or being elected at such Elections.

9thly To confine any person or persons charged with Treason or other Offence.

It is proposed, for making Way for the said temporary Government as soon as possible; that in Virtue of the Law passed for the purpose at the last Meeting of the Legislature a Convention be immediately demanded of the British Commander in Chief at New York on the following points vizt:

First. That proper steps be taken by him without delay to prevent the Exportation or Importation of any Goods Wares or Merchandizes into or out of the Southern district, by any Subject or Subjects of those United States or any other person or persons, without License first had from the Governor of this State, Except such Goods, Wares or Merchandizes, as shall be bona fide laden on Shipboard to be well and truly exported out of this State, & to be discharged at some port or place within the Realm or dominions of Great Britain.

2dly. That (with Above mentioned Exception) no passport be granted to any person now inhabiting the Southern district of this State, to pass out of the said district, without such License as af'd. And that the Commander in Chief of the British Troops, within the said Southern district, use every Means in his power to prevent every such person from passing out of the said Southern district, without such License as afd.

3dly. That no person from any other part of those United States be permitted by the British Commander in Chief, or by any other person in authority those under the Crown of Great Britain to enter the said district without such License as afd. 4thly. As the Season of the Year is such as requires the immediate Return of the Refugees from the said Southern district, to their former places of Abode; and as the Weal and public peace of this State renders it necessary that the Government thereof take immediate possession of the Capital; and of so much of the said district as is not requisite for the Accommodation of the British Army, until their Embarkation; that (the Season of the Year now permitting) it be stipulated in the Convention that the British Army forthwith encamp on Staten Island; with Liberty, nevertheless to the Commander in Chief, and the principal Officers of the Army, to continue their Residence in the City of New York under the protection of the Govt. of this State, until such Embarkation; that the British Army be allowed to purchase such provisions & other Necessaries for their comfortable Subsistance on their Voyage as they may think proper, Paying Cash for the same; that a short day be fixed in the Convention for the Evacuation of all the said Southern district, (except Staten Island, which shall also be evacuated as soon as will consist with the convenient Embarkation & departure of the British Army), to the End that all the parts of the said district Except as before, may without delay be taken possession of by the Government of this State, and that in the Interim a sufficient Guard be kept up by the British Commander in Chief in the City and its Environs, to preserve peace and good order, and to effectuate the Convention in the best Manner; for which the British Commr. in Chief is to be responsible; that on the said day such possession as afd. shall be delivered up without hesitation or delay, with every Thing in Condition according to the Treaty of Peace; that immediate Orders be given by the British Commr. in Chief for the Evacuation of the interior posts within this State possessed by British Troops, and authentically furnished to the Govern

ment of this State, that it may avail itself of the same, in procuring the possession of the said posts without delay or Equivocation; that before the day on which the possession of the Southern district shall be delivered up to the Government of this State, all the Stores & magazines of every kind and Quality, shall be embarked on Board of Transports, and be transported with the Ships of War to a Station as near as may be (with safety for the riding of the Transports & the Ships of War) to the Shore of Staten Island, there to remain till the British Fleet & Army shall leave this State; and that after the said day, no British Seaman or Soldier be allowed to remain in or Land on any part of the southern district Except Staten Island without such License as af'd.

N. B. A difficulty presents itself, for which Reason the powers of the temporary Govt. are above extracted. It is this. Those powers were calculated for an Evacuation by or expulsion of the Enemy during the War. Should they be exposed to the View of the British Commander in Chief, they might startle him, and create Obstructions. And altho' none but the 9th power can give Umbrage: Qu: whether it will not be best to give an Abstract of the Law so far? Or will it be best to give him an Exemplification of the whole of the two Laws and inform him that the 9th power will, if consistent with the Treaty be controlled by it. And that a temporary Execution of it will be necessary for the protection of the Lives of certain obnoxious Characters who may remain agt. the Ebullition of Warm Resentment in some of the Refugees immediately on their Return. But perhaps there is enough in the preamble of the last Law (for I do not certainly remember its Contents) to specify who are to compose the Council. If so the difficulty will be removed by concealing the first

Law

[No. 4995.]

Governor Clinton Delegates Egbert Benson to Wait upon Sir Guy Carleton with Instructions Touching the Restoration of New York to the Civil Authorities.

You will repair to the City of New York and on your Arrival there, you will wait on his Excellency Sir Guy Carleton, and present him my sincere Congratulations on the happy Event of a Peace between Great Britain, and the United States of America and assure him of my Great personal Esteem and Respect.

You will at the same time inform his Excellency, that I am authorized with the Concurrance of a Council appointed for the pur pose, to make a Convention for the speedy obtaining Possession of the Southern District of this State and for gaining Possession of any Port or Place occupied by the British Troops and for giving those Troops the Protection they may be entitled to by any Treaty or by the Laws of Nations and you will assign to his Ex

cellency the Reasons which I have communicated to you that such Convention should take Place as soon as conveniently maybe.

Immediately on your Return you will report to me the Result of your Mission.*

Given at New Burgh the 8th Day of April 1783.

[No. 4996.]

Geo Clinton.

Alexander Hamilton Requests Governor Clinton's Sentiments Regarding the Interior Defence of New York.

Copy.

Philadelphia, April 9th 1783. Sir, Congress having appointed a Committee consisting of Messrs Madison, [Virginia] Osgood, [Massachusetts] Wilson, [Penna] Elsworth & myself, to consider what arrangements it will be proper to adopt in the different departments with reference to a peace; I am directed by the Committee to address your Excellency on the subject of the Military department.

The Committee wish your Excellency's sentiments at large on such institutions of every kind, for the interior defence of these states, as may be best adopted to their circumstances, & conciliate security and economy & with the principles of our Government. In this they will be glad you will take as great latitude as you may think necessary and will, therefore, omit entering into any details.

The Committee apprehend it to be the intention of Congress to lay down a general plan to be carried into execution as circumstances will permit; and that in attending to such dispositions as the immediate situations of the County may require, they are chiefly desirous of establishing good principles, that will have a permanently salutary operation. I have the honor to be &c. Alexr. Hamilton, Chairman.

For a report of Mr. Benson's mission, see page 140, et seq.

[No. 5006.]

Governor Clinton Brings to Washington's Attention the Necessity of Spreading Peace Intelligence Among the Western British

Posts.

Pokeepsie, 13th Apl. 1783.

Dear Sir, Supposing all Possible Expedition, it will be a very considerable Length of Time before the Dispatches forwarded by Sir Guy Carleton to Genl. Halderman (& which passed through this Place yesterday Evening) announcing Peace and directing Hostilities to cease, can arrive at Quebec & be communicated from thence to the British Western Posts and much Mischief may be committed in the Interim.

I would, therefore, begg Leave to suggest to your Excellency whether it would not be adviseable to inform Sir Guy Carleton of the late Hostility committed by the Savages at Wioming* with an Offer of the Necessary Means for his making such Communication as may be conceived necessary for the immediate safety of our Frontiers across the Country to Oswego and the other Western Posts. The Frontier Settlements were never in a more defenceless Situation. The Idea of Peace has thrown them off their Guard & I fear will prevent even that Degree of Exertion

*Washington at Newburgh promptly acted upon this matter as will be seen from the following instructions to Colonel Marinus Willett, under date 14 April 1783: "Official accounts of the happy conclusion of a Peace have been transmitted by Sir Guy Carleton to General Haldimand at Quebec by his officers who passed thro' this place a few days since, but as a very considerable time must elapse before these Gentlemen can arrive at Quebec and the news be communicated from thence to the British posts in the upper country, and as humanity dictates that not a moment should be lost in endeavoring to prevent any further incursions of the Indians (who it is said have already struck at Wyoming), I have thought it proper to write to General McLean, commanding the British Force in that quarter, and to inclose to him the King of Great Britain's Proclamation for the cessation of Hostilities, and this Letter I must direct you to forward to him at Niagara by some trusty Indian runner with all possible expedition-the expense attending this business shall be repaid on your informing me of it.

You will at the same time, give orders to the troops and Indians under your command to forbear all Acts of Hostility against the troops of his Brittanic Majesty other than for their own immediate defence."-(Writings of George Washington,

Putnam).