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Authors: Logan Beirne
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Blood of Tyrants: George Washington & the Forging of the Presidency (58 page)
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18
General Orders, June 28, 1776, in
The Papers of George Washington
,
Revolutionary War Series
, 5:129.
General Orders, June 28, 1776, in
The Papers of George Washington
,
Revolutionary War Series
, 5:129.
19
Qtd. in Charles P. Niemeyer,
The Revolutionary War
(Westport, Conn.: Greenwood Press, 2007), 36.
Qtd. in Charles P. Niemeyer,
The Revolutionary War
(Westport, Conn.: Greenwood Press, 2007), 36.
20
Chernow,
Washington: A Life
, 233.
Chernow,
Washington: A Life
, 233.
21
“Dr. William Eustis, Surgeon in the Continental Army,” in Adler,
George Washington: An Illustrated Biography
, 111.
“Dr. William Eustis, Surgeon in the Continental Army,” in Adler,
George Washington: An Illustrated Biography
, 111.
22
General Orders, June 28, 1776, 129–30.
General Orders, June 28, 1776, 129–30.
23
James H. Kettner, “The Development of American Citizenship in the Revolutionary Era: The Idea of Volitional Allegiance,”
American Journal of Legal History
18 no. 3 (July 1974): 215.
James H. Kettner, “The Development of American Citizenship in the Revolutionary Era: The Idea of Volitional Allegiance,”
American Journal of Legal History
18 no. 3 (July 1974): 215.
24
Irving,
Life of George Washington
, 2:81.
Irving,
Life of George Washington
, 2:81.
25
Journals of the Continental Congress
, June 24, 1776, 5:475.
Journals of the Continental Congress
, June 24, 1776, 5:475.
26
Joshua Hett Smith was likewise a civilian. He was tried via court-martial later in the war by a 1777 resolution calling for such, as well as a specific congressional authorization. Generally, civilian Loyalists were tried in nonmilitary criminal courts.
Joshua Hett Smith was likewise a civilian. He was tried via court-martial later in the war by a 1777 resolution calling for such, as well as a specific congressional authorization. Generally, civilian Loyalists were tried in nonmilitary criminal courts.
27
Daniel Parker Coke, M.P.,
The Royal Commission on the Losses and Services of American Loyalists, 1783 to 1785
, ed. Hugh Edward Egerton (1915), 168.
Daniel Parker Coke, M.P.,
The Royal Commission on the Losses and Services of American Loyalists, 1783 to 1785
, ed. Hugh Edward Egerton (1915), 168.
28
Memorial of David Mathews Esq., Late Mayor of New York (August 25, 1784), in ibid., 168.
Memorial of David Mathews Esq., Late Mayor of New York (August 25, 1784), in ibid., 168.
29
Bakeless,
Turncoats, Traitors and Heroes
, 98.
Chapter 29: America’s DefenderBakeless,
Turncoats, Traitors and Heroes
, 98.
1
Michael Pearson,
Those Damned Rebels: The American Revolution as Seen through British Eyes
(New York: Putnam, 1972), 318.
Michael Pearson,
Those Damned Rebels: The American Revolution as Seen through British Eyes
(New York: Putnam, 1972), 318.
2
Proclamation of John Burgoyne, June 23, 1777, in
The Spirit of Seventy-Six
, 547.
Proclamation of John Burgoyne, June 23, 1777, in
The Spirit of Seventy-Six
, 547.
3
W. Stewart Wallace,
The United Empire Loyalist: A Chronicle of the Great Migration
(1914), 11.
W. Stewart Wallace,
The United Empire Loyalist: A Chronicle of the Great Migration
(1914), 11.
4
After the Battle of King’s Mountain, thirty-nine Loyalists were condemned to death. Nine were executed on the spot for being “the most noted horsethieves and Tories” of North Carolina and the rest were pardoned. Robert Stansbury Lambert,
South Carolina Loyalists in the American Revolution
(Columbia: University of South Carolina Press, 1987), 102.
After the Battle of King’s Mountain, thirty-nine Loyalists were condemned to death. Nine were executed on the spot for being “the most noted horsethieves and Tories” of North Carolina and the rest were pardoned. Robert Stansbury Lambert,
South Carolina Loyalists in the American Revolution
(Columbia: University of South Carolina Press, 1987), 102.
5
Kettner, “The Development of American Citizenship in the Revolutionary Era,” 217.
Kettner, “The Development of American Citizenship in the Revolutionary Era,” 217.
6
North Carolina patriot, qtd. in Wallace,
The United Empire Loyalists
, 11.
North Carolina patriot, qtd. in Wallace,
The United Empire Loyalists
, 11.
7
Kettner, “The Development of American Citizenship in the Revolutionary Era,” 217.
Kettner, “The Development of American Citizenship in the Revolutionary Era,” 217.
8
Journals of the Continental Congress
, June 18, 1776, 5:464.
Journals of the Continental Congress
, June 18, 1776, 5:464.
9
Washington to Colonel Israel Shreve, April 4, 1778, in
The Papers of George Washington, Revolutionary War Series
, 14:408.
Washington to Colonel Israel Shreve, April 4, 1778, in
The Papers of George Washington, Revolutionary War Series
, 14:408.
10
Don Higginbotham,
George Washington: Uniting a Nation
(Lanham, Md.: Rowman & Littlefield, 2002), 55–56.
Don Higginbotham,
George Washington: Uniting a Nation
(Lanham, Md.: Rowman & Littlefield, 2002), 55–56.
11
Ibid.
Ibid.
12
Judith L. Van Buskirk,
Generous Enemies: Patriots and Loyalists in Revolutionary New York
(Philadelphia: University of Pennsylvania Press, 2002), 114.
Judith L. Van Buskirk,
Generous Enemies: Patriots and Loyalists in Revolutionary New York
(Philadelphia: University of Pennsylvania Press, 2002), 114.
13
Washington to Andrew Elliot, December 1, 1783, in
The Writings of George Washington
, 27:253.
Washington to Andrew Elliot, December 1, 1783, in
The Writings of George Washington
, 27:253.
14
Ibid.
Ibid.
15
Washington to Jonathan Trumbull, Sr., November 15, 1775, in
The Papers of George Washington, Revolutionary War Series
, 2:379.
Washington to Jonathan Trumbull, Sr., November 15, 1775, in
The Papers of George Washington, Revolutionary War Series
, 2:379.
16
Washington Irving,
George Washington: A Biography
, ed. and abridged by Charles Neider (1976; Cambridge, Mass.: Da Capo Press, 1994), 201.
Washington Irving,
George Washington: A Biography
, ed. and abridged by Charles Neider (1976; Cambridge, Mass.: Da Capo Press, 1994), 201.
17
Ibid.
Ibid.
18
General Orders, October 12, 1777, in
The Papers of George Washington, Revolutionary War Series
, 11:490.
General Orders, October 12, 1777, in
The Papers of George Washington, Revolutionary War Series
, 11:490.
19
Harry S. Blain, “Who Stole the Shoes at Valley Forge: A Tragedy and a Vindication” (1966), 3.
Harry S. Blain, “Who Stole the Shoes at Valley Forge: A Tragedy and a Vindication” (1966), 3.
20
John B. Trussell, Jr.,
Epic on the Schuylkill: The Valley Forge Encampment
(Harrisburg: Pennsylvania Historical Commission, 1992), 27.
John B. Trussell, Jr.,
Epic on the Schuylkill: The Valley Forge Encampment
(Harrisburg: Pennsylvania Historical Commission, 1992), 27.
21
Blain, “Who Stole the Shoes at Valley Forge,” 5.
Blain, “Who Stole the Shoes at Valley Forge,” 5.
22
Washington to a Board of General Officers, June 2, 1778, in
The Papers of George Washington, Revolutionary War Series
, 15:296.
Washington to a Board of General Officers, June 2, 1778, in
The Papers of George Washington, Revolutionary War Series
, 15:296.
23
Ibid.
Ibid.
24
General Orders, June 3, 1778, ibid., 15:305.
General Orders, June 3, 1778, ibid., 15:305.
25
“The Hammer of Valley Forge,”
Boy’s Life Magazine
, March 1950, 52.
“The Hammer of Valley Forge,”
Boy’s Life Magazine
, March 1950, 52.
26
Washington likewise ordered that Thomas Lewis Woodward be tried by a commission, but he was freed since land records show him purchasing land from his brother in 1782. Washington to Major General Israel Putnam, February 20, 1777, in
The Papers of George Washington, Revolutionary War Series
, 8:389.
Chapter 30: License to PlunderWashington likewise ordered that Thomas Lewis Woodward be tried by a commission, but he was freed since land records show him purchasing land from his brother in 1782. Washington to Major General Israel Putnam, February 20, 1777, in
The Papers of George Washington, Revolutionary War Series
, 8:389.
1
Joseph Eggleston, Jr., to Joseph Eggleston, September 2, 1777, in
The Spirit of Seventy-Six
, 791. The modern-day prices are calculated using Professor Samuel H. Williamson’s MeasuringWorth Consumer Price Index metrics.
Joseph Eggleston, Jr., to Joseph Eggleston, September 2, 1777, in
The Spirit of Seventy-Six
, 791. The modern-day prices are calculated using Professor Samuel H. Williamson’s MeasuringWorth Consumer Price Index metrics.
2
George Eskridge is the ancestor of William Eskridge, Jr., the John A. Garver Professor of Jurisprudence at Yale Law School. Professor Eskridge was integral in formulating the idea for this book and making it a reality. I am tremendously grateful for his guidance and support.
George Eskridge is the ancestor of William Eskridge, Jr., the John A. Garver Professor of Jurisprudence at Yale Law School. Professor Eskridge was integral in formulating the idea for this book and making it a reality. I am tremendously grateful for his guidance and support.
3
Chernow,
Washington: A Life
, 6.
Chernow,
Washington: A Life
, 6.
4
Ibid., 97.
Ibid., 97.
5
Ibid., 158.
Ibid., 158.
6
Washington Irving,
Life of George Washington
, 558, as qtd. in Chernow,
Washington: A Life
, 55.
Washington Irving,
Life of George Washington
, 558, as qtd. in Chernow,
Washington: A Life
, 55.
7
Paula S. Felder,
Fielding Lewis and the Washington Family
, 295, as qtd. in Chernow,
Washington: A Life
, 423.
Paula S. Felder,
Fielding Lewis and the Washington Family
, 295, as qtd. in Chernow,
Washington: A Life
, 423.
8
Washington to John Augustine Washington, January 16, 1783, in
The Writings of George Washington
, 26:44.
Washington to John Augustine Washington, January 16, 1783, in
The Writings of George Washington
, 26:44.
9
Chernow,
Washington: A Life
, 432.
Chernow,
Washington: A Life
, 432.
10
Ibid., 396–97.
Ibid., 396–97.
11
The Spirit of Seventy-Six
, 793.
The Spirit of Seventy-Six
, 793.
12
Rivington’s Royal Gazette
, May 12, 1781, in
The Spirit of Seventy-Six
, 795.
Rivington’s Royal Gazette
, May 12, 1781, in
The Spirit of Seventy-Six
, 795.
13
W. Stewart Wallace,
The United Empire Loyalists: A Chronicle of the Great Migration
(1914), 10.
W. Stewart Wallace,
The United Empire Loyalists: A Chronicle of the Great Migration
(1914), 10.
14
Ibid.
Ibid.
15
James H. Stark,
The Loyalists of Massachusetts
(1907), 54. Modern equivalent comes from the MeasuringWorth Project’s retail price index. Estimates vary widely.
James H. Stark,
The Loyalists of Massachusetts
(1907), 54. Modern equivalent comes from the MeasuringWorth Project’s retail price index. Estimates vary widely.
16
Ibid.
Ibid.
17
Stark,
The Loyalists of Massachusetts
, 54.
Stark,
The Loyalists of Massachusetts
, 54.
18
Wallace,
The United Empire Loyalists
, 10.
Wallace,
The United Empire Loyalists
, 10.
19
Journals of the Continental Congress
, November 27, 1777, 9:971.
Journals of the Continental Congress
, November 27, 1777, 9:971.
20
Ibid.
Ibid.
21
Washington to Henry Laurens, June 2, 1778, in
The Papers of George Washington, Revolutionary War Series
, 15:303.
Washington to Henry Laurens, June 2, 1778, in
The Papers of George Washington, Revolutionary War Series
, 15:303.
22
Glenn A. Phelps, “The Republican General,” in
George Washington Reconsidered
, ed. Don Higginbotham (Charlottesville: University of Virginia Press, 2001), 185.
Glenn A. Phelps, “The Republican General,” in
George Washington Reconsidered
, ed. Don Higginbotham (Charlottesville: University of Virginia Press, 2001), 185.
23
Washington to William Duer, January 14, 1777, in
The Papers of George Washington, Revolutionary War Series
, 8:63.
Washington to William Duer, January 14, 1777, in
The Papers of George Washington, Revolutionary War Series
, 8:63.
24
Washington to Matthew Irwin, February 22, 1777, in ibid, 8:412.
Washington to Matthew Irwin, February 22, 1777, in ibid, 8:412.
25
Friedrich Kapp,
The Life of John Kalb, Major-General in the Revolutionary Army
(1884), 139.
Friedrich Kapp,
The Life of John Kalb, Major-General in the Revolutionary Army
(1884), 139.
26
Washington to Henry Laurens, November 11, 1777, in
The Papers of George Washington, Revolutionary War Series
, 12:208–10.
Washington to Henry Laurens, November 11, 1777, in
The Papers of George Washington, Revolutionary War Series
, 12:208–10.
27
Approximately $28 in modern U.S. dollars, according to MeasuringWorth.
Approximately $28 in modern U.S. dollars, according to MeasuringWorth.
28
Washington to Henry Laurens, December 23, 1777, in
The Papers of George Washington, Revolutionary War Series
, 12:683;
The Spirit of Seventy-Six
, 647.
Washington to Henry Laurens, December 23, 1777, in
The Papers of George Washington, Revolutionary War Series
, 12:683;
The Spirit of Seventy-Six
, 647.
29
Instructions to Colonel Benedict Arnold, September 14, 1775, in
The Papers of George Washington, Revolutionary War Series
, 1:458.
Instructions to Colonel Benedict Arnold, September 14, 1775, in
The Papers of George Washington, Revolutionary War Series
, 1:458.
30
General Orders, January 21, 1777, in ibid., 8:119.
General Orders, January 21, 1777, in ibid., 8:119.
31
General Orders, September 6, 1776, in ibid., 6:229.
General Orders, September 6, 1776, in ibid., 6:229.
32
Instructions to Colonel Benedict Arnold, September 14, 1775.
Instructions to Colonel Benedict Arnold, September 14, 1775.
33
Washington to Henry Laurens, November 11, 1777.
Washington to Henry Laurens, November 11, 1777.
34
General Orders, September 6, 1776. This paragraph is adapted from Logan Beirne, “George vs. George vs. George: Commander-in-Chief Power,”
Yale Law and Policy Review
26 (2007): 303.
General Orders, September 6, 1776. This paragraph is adapted from Logan Beirne, “George vs. George vs. George: Commander-in-Chief Power,”
Yale Law and Policy Review
26 (2007): 303.
35
General Orders, March 21, 1776, in
The Papers of George Washington, Revolutionary War Series
, 3:501.
General Orders, March 21, 1776, in
The Papers of George Washington, Revolutionary War Series
, 3:501.
36
Washington to Jonathan Sturges, May 16, 1776, in ibid., 4:321.
Washington to Jonathan Sturges, May 16, 1776, in ibid., 4:321.
37
Washington to John Hancock, September 25, 1776, in ibid., 6:399.
Washington to John Hancock, September 25, 1776, in ibid., 6:399.
38
Ibid.
Ibid.
39
Ibid.
Ibid.
40
Ibid.
Ibid.
41
Chernow,
Washington: A Life
, 287.
Chernow,
Washington: A Life
, 287.
42
Bruce Chadwick,
The First American Army: The Untold Story of George Washington and the Men Behind America’s First Fight for Freedom
(Naperville, Ill.: Sourcebooks, 2005), 249.
Bruce Chadwick,
The First American Army: The Untold Story of George Washington and the Men Behind America’s First Fight for Freedom
(Naperville, Ill.: Sourcebooks, 2005), 249.
43
Ibid.; Chernow,
Washington: A Life
, 287.
Ibid.; Chernow,
Washington: A Life
, 287.
44
General Orders, October 23, 1778, in
The Papers of George Washington, Revolutionary War Series
, 17:539.
General Orders, October 23, 1778, in
The Papers of George Washington, Revolutionary War Series
, 17:539.
45
Ibid.
Ibid.
46
Journals of the Continental Congress
, September 17, 1777, 8:751.
Journals of the Continental Congress
, September 17, 1777, 8:751.
47
Washington to the Board of War, January 2–3, 1778, in
The Papers of George Washington, Revolutionary War Series
, 13:112.
Washington to the Board of War, January 2–3, 1778, in
The Papers of George Washington, Revolutionary War Series
, 13:112.
48
Washington to Henry Laurens, December 14[–15], 1777, in ibid., 12:606.
Washington to Henry Laurens, December 14[–15], 1777, in ibid., 12:606.
49
Thomas Gordon,
A Gazetteer of the State of New Jersey
(1834), 100.
Thomas Gordon,
A Gazetteer of the State of New Jersey
(1834), 100.
50
Washington to Nathanael Greene, February 2, 1781, in
The Writings of George Washington
, 21:171–73.
Washington to Nathanael Greene, February 2, 1781, in
The Writings of George Washington
, 21:171–73.
51
Joseph Reidy, “Washington Headquarters,” Morristown National Historical Park (Morristown, N.J., 2008), 6.
Joseph Reidy, “Washington Headquarters,” Morristown National Historical Park (Morristown, N.J., 2008), 6.
52
John T. Cunningham, “Morristown: Worse Than Valley Forge,” Washington Association of New Jersey (1979).
John T. Cunningham, “Morristown: Worse Than Valley Forge,” Washington Association of New Jersey (1979).
53
Instructions to Officers to Collect Provisions, January 8, 1780, in
The Writings of George Washington
, 17:360.
Instructions to Officers to Collect Provisions, January 8, 1780, in
The Writings of George Washington
, 17:360.
54
Ibid., 362.
Ibid., 362.
55
Rather than make property seizure a purely military action, Washington was careful to involve the county magistrates, thus meeting the second criterion of his checklist. He reasoned that this would democratize the process and enable him to work with the local authorities to proceed in a manner that was “least inconvenient to the Inhabitants.” Ibid. He could add a layer of protection for the citizenry and also diminish the perception that the military was undemocratically suspending their rights. While Washington was sensitive to civilian concerns, he did not leave the matter of requisitions completely to civilian discretion. He already had congressional approval, after all. He added to his order, “but in case the requisition should not be complied with, we must then raise the supplies ourselves in the best manner we can. This I have signified to the Magistrates.” Ibid. In 1780, some of those local magistrates were indeed pushing back against the congressionally sanctioned impressment. Washington responded by commanding his men, “In case of [the magistrates’] refusal you will begin to impress till you make up the quantity required.” Ibid.
Rather than make property seizure a purely military action, Washington was careful to involve the county magistrates, thus meeting the second criterion of his checklist. He reasoned that this would democratize the process and enable him to work with the local authorities to proceed in a manner that was “least inconvenient to the Inhabitants.” Ibid. He could add a layer of protection for the citizenry and also diminish the perception that the military was undemocratically suspending their rights. While Washington was sensitive to civilian concerns, he did not leave the matter of requisitions completely to civilian discretion. He already had congressional approval, after all. He added to his order, “but in case the requisition should not be complied with, we must then raise the supplies ourselves in the best manner we can. This I have signified to the Magistrates.” Ibid. In 1780, some of those local magistrates were indeed pushing back against the congressionally sanctioned impressment. Washington responded by commanding his men, “In case of [the magistrates’] refusal you will begin to impress till you make up the quantity required.” Ibid.
56
Ibid., 360.
Ibid., 360.
57
Washington to Colonel David Henley, November 25, 1778, in
The Papers of George Washington, Revolutionary War Series,
18:292. In another example (excerpted from Beirne, “George v. George v. George,” 308–9), Washington reasoned, “it being represented to me that the Millers, either from an unwillingness to part with their Flour, or the difficulty of obtaining Wheat from the Farmers, do not Imploy their Mills, by which means the Army under my Command is like to suffer for want of Bread.” Faced with this crisis, and fighting to save the Continental Army, he handled the millers in a way that is telling: “I do hereby Authorize and Instruct [Carpenter Wharton] to enquire into the State of this matter; with full powers if it should be found that the default is in the Miller, to Sieze [
sic
] the Mill and grain, and Imploy it for the use of the Public . . . paying the full Value . . . .” Rather than taking the grain to save his troops, he instead used a process that respected the miller’s property and allowed for compensation. Orders to Carpenter Wharton, December 20, 1776, in
The Papers of George Washington, Revolutionary War Series
, 7:391. Also, see Washington to Major General John Armstrong, December 28, 1777, ibid., 13:28.
Washington to Colonel David Henley, November 25, 1778, in
The Papers of George Washington, Revolutionary War Series,
18:292. In another example (excerpted from Beirne, “George v. George v. George,” 308–9), Washington reasoned, “it being represented to me that the Millers, either from an unwillingness to part with their Flour, or the difficulty of obtaining Wheat from the Farmers, do not Imploy their Mills, by which means the Army under my Command is like to suffer for want of Bread.” Faced with this crisis, and fighting to save the Continental Army, he handled the millers in a way that is telling: “I do hereby Authorize and Instruct [Carpenter Wharton] to enquire into the State of this matter; with full powers if it should be found that the default is in the Miller, to Sieze [
sic
] the Mill and grain, and Imploy it for the use of the Public . . . paying the full Value . . . .” Rather than taking the grain to save his troops, he instead used a process that respected the miller’s property and allowed for compensation. Orders to Carpenter Wharton, December 20, 1776, in
The Papers of George Washington, Revolutionary War Series
, 7:391. Also, see Washington to Major General John Armstrong, December 28, 1777, ibid., 13:28.
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