or have levied war against the King. Rebellion is a resistance by force of arms to just and legal authority; we only resist the unjust and illegal usurpations of Parliament. The edicts of an assumed, arbitrary, and unconstitutional power are not law; a rightful, well founded authority is presupposed in the promulgation of law; we cannot, therefore, be said to withstand the execution of law, by refusing submission to the late unwarrantable acts of the British Legislature, which can never equitably pretend to the validity and efficacy of law. Neither have we traitorously waged war against the King, or entered into any conspiracies inimical to his person, crown, and dignity, as is injuriously asserted. We have, indeed, been compelled to arm in defence of our lives, liberties, and properties, from the projected desolations of his servants;* but we have expostulated with him in the most dutiful manner to discountenance and repress their attempts, confining our pretensions within the strictest bounds of duty, and declaring ourselves ready to lay aside every military preparation, so soon as it might be done consistent with our safety and repose. He or his evil counsellors alone are to blame for every moment’s continuance in our present warlike posture.

How, then, ought we to be affected with the hateful denominations of traitor and rebel, and the vengeful threats of condign punishment, which have been vented against us? Surely they should not damp or assuage our ardour, but rather kindle and invigorate it. We should feel no other sentiments than those of indignation and resentment. First to attempt the deprivation of our dearest rights, and, because we show ourselves sensible of their importance, to reproach us with treason and rebellion, is a degree of insolence that almost surpasses the bounds of patience. He whose bosom does not recoil at the contemplation of the grossest injuries, aggravated by the grossest insults, must have an apathy of temper or a meanness of soul equally unaccountable and undesirable. Clothed in the armour of conscious rectitude, inspired by the noblest cause a people can be engaged in, and relying upon the providential care of that Being who is the pristine source of those rights we wish to defend, let us never be dismayed by any menaces the rancour and malice of our adversaries can suggest, but still press on to the goal of victorious success, with constancy, zeal, and intrepidity.

GENERAL GATES TO JAMES OTIS.

Head-Quarters, November 16, 1775.

SIR: This will be presented to you by the officer who commands the guards, you, in the name of the honourable Council, requested might be sent to Watertown. This officer has the General’s orders to obey such orders as you, Sir, or the President for the time being, may think proper to give.

I am, Sir, your most obedient humble servant,

HORATIO GATES.

To the Honourable James Otis, Esq.

JAMES OTIS TO GENERAL WASHINGTON.

Council Chamber, November 16, 1775.

SIR: The Council received your favour of this day, by the officer of the guard, and thank your Excellency for your care; and as the prisoners sent hither are all disposed of, there will be no occasion for any guard until others are sent in. We have therefore returned the guard, and the Committee of Council, who are appointed to hear and examine the prisoners in the recess of Court, (a copy of whose commission is enclosed,) will apply to your Excellency for such guards as may be at any time needed.

In the name and by order of the Council,

JAMES OTIS, President.

His Excellency General Washington.

GENERAL WASHINGTON TO THE NEW-YORK PROVINCIAL CONGRESS.

Cambridge, November 16, 1775.

It was determined, at a conference held here in the last month, that such military stores as could be spared from New-York, Crown Point, Ticonderoga, &c., should be sent here for the use of the Continental Army. As it was not clear to me whether I was to send for, or that they were to be sent to me, I desired Mr. Reed, on his way to Philadelphia, to inquire into this matter. As I have not heard from him on the subject, and the season advancing fast, I have thought it necessary to send General Knox, Esq., who will deliver you this. After he forwards what he can get at your place, he will proceed to General Schuyler, on this very important business. I request the favour of you, Sir, and the gentlemen of your Congress, to give Mr. Knox all the assistance in your power; by so doing you will render infinite service to your Country, and vastly oblige, Sir, your most obedient humble servant,

GEORGE WASHINGTON.

Hon. Nathaniel Woodhull, Esq., President, &c.

INSTRUCTIONS TO HENRY KNOX.

You are immediately to examine into the state of the Artillery of this Army, and take an account of the Cannon, Mortars, Shells, Lead, and Ammunition, that are wanting. When you have done that, you are to proceed in the most expeditious manner to New-York; there apply to the President of the Provincial Congress, and learn of him whether Colonel Reed did any thing or left any orders respecting these articles, and get him to procure such of them as possibly can be had there. The President, if he can, will have them immediately sent hither; if he cannot, you must put them in a proper channel for being transported to this camp with despatch, before you leave New-York. After you have procured as many of these necessaries as you can there, you must go to Major-General Schuyler, and get the remainder from Ticonderoga, Crown Point, or St. John’s. If it should be necessary, from Quebeck, if in our hands. The want of them is so great, that no trouble or expense must be spared to obtain them. I have wrote to General Schuyler; he will give every necessary assistance, that they may be had and forwarded to this place, with the utmost despatch. I have given you a warrant to the Paymaster-General of the Continental Army, for a thousand dollars, to defray the expense attending your journey and procuring these articles; an account of which you are to keep, and render upon your return.

Given under my hand, at Head-Quarters, Cambridge, this 16th day of November, Annoque Domini 1775.

GEORGE WASHINGTON.

P. S. Endeavour to procure what flints you can.

STEPHEN MOYLAN TO WILLIAM WATSON.

Cambridge, November 16, 1775.

SIR: I have it in command from bis Excellency to desire you will deliver unto Charles Coffin and Sibelline White their bedding and wearing apparel; also, Jonathan Coffin’s. Let them be well examined, lest any goods or cash may be secreted amongst them. The first of them says he gave Captain Coit seven half joes. You will please to receive them, and account for them with the produce of the cargoes.

I am really at a loss to know whether it is customary to give the cash found in the pockets of prisoners to them with their wearing apparel. I do not think these people merit any indulgence. However, his Excellency would rather err on the side of mercy than that of strict justice. Let me know your opinion of this matter.

I am, with much regard, Sir, yours, &c.,

S. MOYLAN, Sec. pro tem.

William Watson, Esq., Plymouth.

Shall we ever hear of Captain Martindale’s departure?

*There is great propriety in this distinction between the King and his servants, for they are the persons who are to be accountable by the Constitution for all instances of mal-administration. Bracton says, B. 3d, c. 9th: “The whole power of the King of England is to do good, and not to do hurt; nor can he do any thing as King, but what he can legally do,” Nihil enim aliud potest Rex, nisi id solum quod de jure potest. Blackslone, commenting upon this maxim, says, “The King can do no wrong;” which ancient and fundamental maxim is not to be understood as if every thing transacted by the Government was, of course, just and lawful, but means only two things: First, that whatever is exceptionable in the conduct of publick affairs is not to be imputed to the King, nor is he answerable for it, personally, to his people. And secondly it means, that the prerogative of the Crown extends not to do any injury; it is created for the benefit of the people, and therefore cannot be exerted to their prejudice. This justifies us in accusing his Ministers with the lato gigantick strides of power that have been taken, and in professing resistance to them only.