to effect a speedy accommodation of the dispute, but protested his innocence of any traitorous design. The council were not satisfied, but were unanimously of opinion that he had carried on a criminal correspondence. They decided to refer the case to Congress; and in the mean time to confine the prisoner closely, and allow no person to visit him but by special direction.

Washington immediately laid the matter before Congress. It also came before the committee of conference in the camp. This body, after discussion, resolved to refer Dr. Church for trial and punishment to the Massachusetts General Court, with the understanding that no procedure should be had until the pleasure of Congress was known.

Dr. Church underwent next the ordeal of the General Court. He was examined by this body October 27. His letter was read, and he made a long and curious speech in his own justification. It failed to convince his associates of his innocence, and he was, November 2, expelled from his seat. His fate was decided by the Continental Congress. It resolved, November 6, that he should be confined in a jail in Connecticut, "without the use of pen, ink, or 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 should be confined, and in the English language," until the further order of Congress. He was imprisoned at Norwich. In the following May he petitioned Congress for his release from confinement, on the ground of declining health. This was granted, of the condition that he should be removed to Massachusetts, and be put in the charge of the council of this colony; and that he should give his parole, with sureties in the penalty of one thousand pounds, not to hold correspondence with the enemy, or to leave the colony without license.' He accordingly returned to Boston,

1 The documents relative to this affair are voluminous. They are collected in the American Archives. See Sparks' Washington, vol. III. Dr. Church, during his confinement, wrote two long and earnest letters to Washington's secretary, Joseph Reed, in relation to his case. - Reed's Life of President Reed, vol. 1., p. 123.

and during the year 1776 obtained permission to visit the West Indies. The vessel in which he sailed was never heard of.

Efficient measures were taken this month to fit out armed vessels. The necessity of them to cut off the enemy's supplies prompted the efforts made (see pages 110, 111) in the Massachusetts Provincial Congress to authorize them, before the battle of Bunker Hill. A report in relation to them was considered in this body, (June 19,) and after debate, "the matter was ordered to subside." Meantime, the Rhode Island Assembly (June 12) authorized two vessels to be fitted out,one of eighty men, under Abraham Whipple; the other of thirty men, under Christopher Whipple. They were cruising in July. Connecticut authorized (July 1) two armed vessels to be fitted out. So important was it to distress the British, that Washington, under his general authority, authorized vessels to be equipped. The first captain he commissioned was Nicholas Broughton, of Marblehead, whose instructions are dated September 2, 1775. He was addressed as "captain in the army of the united colonies of North America," and was directed to take the command of a detachment of said army, and proceed on board the schooner Hannah, at Beverly." Captain Broughton immediately sailed, and captured the ship Unity. His vessel, or the name of it, seems the next month to have been changed.

Washington soon made contracts for other vessels. He received instructions from Congress, October 5, to commission vessels to capture the enemy's transports, and was especially directed to capture "two north-country built ships, of no force," but loaded with military stores. Every effort was then made to fit out a small fleet of six schooners, but they were not all ready for sea until the last of October. On the 29th the Lynch, commanded by Captain Broughton, and Franklin, by Captain Selman, had sailed for the St. Lawrence; the Lee, by Captain Manly, sailed this day on a cruise; the Warren, by Captain Adams, and the Washington, by Captain Martindale, were to sail the 30th; the Harrison, Captain Coit, was on a cruise. It would require too much space to relate the fortunes of this little fleet. Some of the

vessels were unfortunate. Captain Martindale was captured, and, with his crew, was carried to England. Others, however, were highly successful.

Meantime, public opinion and individual daring compelled the Massachusetts Assembly to act on this subject. Persons petitioned to be permitted to fit out privateers, and Newburyport and Salem memorialized in favor of public armed vessels being authorized. And more than this,-vessels were captured by enterprising seamen, without acting under any authority. At length, September 28, the Assembly appointed a committee to consider the subject. This committee not reporting, the Assembly, October 6th, "enjoined it to sit," and appointed Elbridge Gerry a member. A law was drawn up, during this month, by Messrs. Gerry and Sullivan, authorizing armed vessels, and establishing a court for the trial and condemnation of prizes; and finally, November 13, it was passed. This is said to be the first law establishing American naval warfare.'

The vessels commissioned by Washington-the first commissioned by the authority of the united colonies-sailed under the pine-tree flag. This was the flag of the floatingbatteries. Colonel Reed, October 20, 1775, writes to Colonels Glover and Moylan:-"Please to fix upon some particular color for a flag, and a signal by which our vessels may know one another. What do you think of a flag with a white ground, a tree in the middle, the motto Appeal to Heaven'? This is the flag of our floating batteries." Moylan and Glover replied, (October 21,) that as Broughton and Selman, who sailed that morning, had none but their old colors, they had appointed the signal by which they could be known by their friends to be "the ensign up to the main toppinglift." That the pine-tree flag, however, was carried by the colonial

1 The Continental Congress, Oct. 13, authorized a vessel of ten guns and eighty men to be fitted out, and voted to equip another vessel, both to cruise to the eastward, and intercept the enemy's transports. On the 30th it authorized two other vessels, of twenty and thirty-six guns, and determined that the second vessel, authorized 13th, should have fourteen guns. It appointed a committee to carry this vote into execution. On the 28th of November it agreed to a code of regulations for "the navy of the united colonies." Journals of Congress.

cruisers is certain, because one was captured, and the British papers (January, 1776) describe its colors as follows: "The flag taken from a provincial privateer is now deposited in the admiralty; the field is white bunting, with a spreading green tree; the motto, Appeal to Heaven."" A map of Boston and vicinity was published in Paris in 1776, which has the following representation of this flag:

IDEA OF INDEPENDENCE.

263

CHAPTER XI.

The new Organization of the Army. Fortification of Cobble Hill and Lechmere's Point. State of the American Camp. Distresses of the British Army. Boston in December.

Six months had elapsed since the breaking out of hostilities between the colonies and Great Britain. During this period things had been gradually tending to a state of open, regular war, by sea as well as by land. Not only had the people become accustomed to the idea of settled hostility, but they were entertaining the idea of political independence. This had been broached in various quarters by sagacious patriots, and had been favorably received. The American camp was alive with it. "I found," Dr. Belknap writes, October 19, "that the plan of independence was become a favorite point in the army, and that it was offensive to pray for the king." General Greene advocated the policy of a declaration, in a letter, Oct. 23, evincing great foresight, and filled with admirable reasoning. After stating that "people began heartily to wish it," he said: "The alternative is a separation from Great Britain, or subjugation to her." "We had as well be in earnest first as last; for we have no alternative but to fight it out, or be slaves." This, also, was the policy that would be the most likely to secure foreign aid. France was the real enemy of Great Britain, and desired to see its power diminished; but she would refuse to intermeddle in the dispute until she saw there was no hope of an accommodation. Should she, without such a declaration, supply warlike stores, and should the breach between the colonies and Great Britain be afterwards made up, "she would incur the hostility of her rival, without reaping any solid advantage." Such was the reasoning of this clear-headed general. Such was, undoubtedly, the political sentiment of the camp, held alike by the commanderin-chief and the rank and file. Such was the growing pub