I should say more, but am in haste; you will therefore excuse me, and believe me yours, sincerely,
"BENJAMIN HILTON."
That the said Committee had, therefore, sent for the said Benjamin Hilton, who avowed himself the author of the said Letter, and declared that he had wrote it to please the said White, whose sentiments he knew; that he had wrote it, however wrong, in expectation that the contents thereof would never be discovered.
The said Committee did further report, that the said Benjamin Hilton, on the 14th day of July last, had voluntarily, and without any solicitation, made before Cornelius Cuyler, Esq., the following Affidavit, to wit:
Benjamin Hilton, Jr., Esq., of this place, Attorney at Law, being duly sworn, deposeth and saith: That he has never entertained or harboured an opinion inimical or unfriendly to the just constitutional rights or liberties of America; that he looks upon the claim which the British Parliament has set up in the present reign, by statute, to bind the Colonies in all cases whatsoever, as unconstitutional, and subversive of American liberty; that the measures taken by Administration for the enforcement of the several statutes passed against America in general, and some of the Colonies in particular, in his opinion, will justify opposition; that he is a friend to his country, and the invaded rights and liberties thereof, (though he believes, by many, without foundation, taken to be an enemy thereto,) and wishes it all the success in this unhappy and unnatural conflict, that any real friend to the common cause can; that he never was really induced or prevailed upon, by any person, to resign his Lieutenancy; and further saith not.
B. HILTON, JUN.
"Schenectady, July 14, 1775.—Sworn before me,
"CORNELIUS CUYLER, Justice."
The said Committee of Schenectady further reported, that they had thereupon
"Resolved, That the said Benjamin Hilton either should cause his said Letter, together with the said Declaration, to be published in the newspapers by the fifth of February then next, or that they would publish the same, together with the above-mentioned Affidavit."
Which said Report, the said General Committee of the City and County of Albany, have maturely considered, and, thereupon, resolve to approve the same.
But, the said Benjamin Hilton, instead of abiding by the determination of the said Committee of Schenectady, on the eighteenth day of January last, without acquainting this Board of the steps taken by them, by letter, addressed to this Board, expressed his sorrow to give this Board the trouble of an application on a very disagreeable subject. That he had, on the 22d day of December last, wrote a letter to Alexander While, Esq., relative to the then report, that Colonel Arnold, with his forces, was defeated at Quebeck by Colonel Maclean, and which report, he found to be ground-less; that he had, in that letter, also, applauded the said Maclean for his conduct, and wrote disrespectful of Colonel Arnold's forces; for all which he was extremely sorry; that he confessed his error, and desired the forgiveness of his injured countrymen, and professed himself a friend to the constitutional liberties of the Colonies; and promised, for the future, neither to write nor do any thing prejudicial to the cause of liberty; that he was well convinced that the Parliament of Great Britain has no right to tax the Colonies, and conceived the tyrannical measures pursued by the Ministry, to enforce such unconstitutional acts, will justify opposition; that he did confess that he had some doubts of the expediency of the expedition against Canada, which doubts are, however, now removed; that, as this Board is the General Committee of protection, &c, for the whole County, he, therefore, begged their final decision of this matter, and their resolution thereupon.
In consequence of which said application and request, this Committee do declare it as their opinion, in addition to the Resolution of the Committee of Schenectady, that the said Benjamin Hilton has evinced, by the said Letter, an unwarrantable exultation in the distress and defeat which he supposed a part of the Continental Army had sustained; that, therefore, this Committee, notwithstanding his prior and subsequent declarations, preceding and following the said Letter, are further of opinion, that his sentiments are inimical to the liberties of this country; yet this Committee, disdaining the impotent attempts of the said Benjamin Hilton to traduce the proceeding of the Northern Army, do, therefore, dismiss him from further prosecution.
Extracts from the Minutes:
MATTHEW VISSCHER, Secretary.
COLONEL HAZEN TO PRESIDENT OR CONGRESS.
[Referred to Mr. Wythe, Mr. Sherman, Mr. Ward, and Mr. S. Adams, who are directed to examine the accounts.]
Montreal, February 18, 1776.
SIR: Agreeable to the order of the honourable Continental Congress, you have, enclosed, the report of the Commissioners appointed by General Wooster, and their proceedings thereon at large.
The inventory of the stock, the first article of losses and damages, amounting to fourteen thousand two hundred and thirty-four livres, was chiefly and really for the use and service of General Montgomery's Army, and taken away by his order for that purpose, for all which he promised I should be paid.
The second article, amounting to three thousand three hundred and thirty livres, was partly destroyed by the Ministerial troops, and partly by the Continental Army, under General Montgomery's command.
The third article, one thousand three hundred livres, was totally lost in consequence of a mistake made by Major Brown, of the Continental Army, by his retaining me a prisoner on the 18th of September last, at a time when I had General Schuyler's leave, obtained on the 6th of the same month, to remain at my dwelling-house, or to pass or repass on my lawful business undisturbed or unmolested by his troops. This unfortunate accident was the source of all my misfortunes in the present instance, both as to losses and imprisonment.
The fourth article, seven thousand and seventy-nine livres, occurred, in part, from burning and destroying fences, &£c., for the use of the Hospital, and lodging other troops in my dwelling-house, and other houses, occupied for that purpose. Therefore, it is not a total loss to the United Colonies.
The fifth article is, for damages done by the Continental Army, as fully appears; and, as it may be presumed, would not have been prevented.
The sixth, seventh, eighth, ninth, tenth, and eleventh articles was, I believed, taken chiefly by the Canadians; and it was the price of their labour or services; and I am sorry that I have too much reason to believe, that they were encouraged in it by their officers, at a time when I was suffering in prison, on suspicion of favouring the cause of America. The plundering, in this instance, was cruel; I, therefore, hope a recompense will be thought just and reasonable.
The twelfth article, was a large stone house on the Fort of St. John's, taken from my tenants, and into possession of the Ministerial troops. An indemnification I was promised by General Carleton, as well as some other damages done by them, in the second article, all which I have now forfeited, as every other protection from the Government of England; I therefore hope this charge may appear reasonable.
The thirteenth and fourteenth articles, are losses occurred in consequence of the foregoing, and, consequently, are thought as reasonable a charge as any other.
Thus I have gone through, and endeavoured to explain the nature and justness of the several charges, as far as in haste my poor capacity will admit; and I hope the honourable Congress will meet with no difficulty in ordering me to be paid the amount, which is now clearly ascertained by credible evidences, on oath. You will please to remember, sir, that it was a condition in the memorandum state of my affairs, which I gave in to you in writing, when at Philadelphia, which, if I remember, was nearly in these words, viz: If I should be employed in the Continental service, I must be indemnified for the losses which I bad sustained, on which I was willing to sacrifice my half-pay in defence of my country's cause; which I still adhere to, and would not wish to have any provision made by Congress for the
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