The embarrassments in the conduct of this war from outward causes were greatly increased by the crude and inaccurate opinions as to the exercise of subordinate powers, naturally existing among a people so recently emerged from a colonial dependence. In contrast with these opinions, nothing is more marked than Hamilton's early and well defined views of a systematic limitation and demarcation of the relative duties and authorities proper to duly organized governments, and of obedience to laws however impolitic. This is frequently seen. The price of transportation had been regulated by law. Greene was embarrassed by the unwillingness of the inhabitants of New Jersey to be governed by the law. Hamilton, in the name of Washington, suggested an expedient. "It would be excessively disagreeable to authorize a departure from the law, especially in an affair of so delicate a nature; and yet it is indispensable the transportation should go on with vigor. To answer this purpose without incurring the other inconvenience, I recommend to you to adopt this expedient-to pay for the present at the regulated prices, engaging that in case the measure of regulation should not become general, and the assembly of this State should repeal the laws on the subject, then to make good the difference between the regulated and the market prices."

Great discontents had arisen among the soldiers in consequence of the different periods of enlistment of different parts of the army.

An attempt was made to escape the service by appeals to the judicial authorities of the States. An interposition by a judge of the supreme court of New Jersey had been the occasion of a letter to the governor of that State written by Hamilton in Washington's behalf. The matter was soon after again treated by him in a letter to the judge himself: "I cannot forbear observing that it is of

great importance the different powers in the State should carefully avoid the least interference with each other; and in the present case I am clearly of opinion the matter in question falls properly within no other jurisdiction than that of Congress and the military authorities they have been pleased to establish. Every discussion of this kind, however, is extremely disagreeable, and it were to be wished the strictest delicacy could at all times be observed not to furnish occasions."

Soon after he was called to comment on an usurpation by a body constituted by Congress. He wrote in Washington's name to the Board of War: "I have received the enclosed proceedings of a general court martial held by order of the Board. As I am not informed of any provision having been made for vesting the power of appointing courts martial in the Board (which is too confined in many respects), I should not think myself at liberty to confirm the proceedings themselves. But they are too summary, and the evidence not fully enough stated to justify our approbation of decisions which affect life. No mention is made of the corps to which the prisoners belong, the corporal punishments too are irregular, exceeding the limits prescribed by our military code, which is in this instance also defective, and in the case of Captain is found guilty of the additional crime of forgery, though the charge against him only is fraud.

he

"I flatter myself I need not assure the Board that the scruples now suggested, do not proceed from the least disposition to bring their power, in any instance, into question, which is the remotest of any thing from my intention. But as the regular administration of justice, as well in the military as civil line, is of essential importance, and as the regular constitution of courts is a fundamental point towards it, the Board will be sensible it is my duty to be

satisfied on this head, before I give my concurrence in any trials where there is room to doubt. I shall therefore be obliged to them to give me the necessary information concerning their powers in this respect, lest upon recollection, it may be found that sufficient provision has not been made. I enclose an order for holding a new court, that the offenders may not escape, and I could wish a hint may be given to the gentleman acting as judge advocate, to be more explicit and particular in designating the circumstances of the crime and the evidence."

It may suit the taste of the novelist to paint in miniature the sad details of the private sufferings of individuals through excesses of the enemy, even at the criminal hazard of reviving, extending, and perpetuating national animosities. But it is believed to be a worthier office to portray the revolution as a school of government in which America was taught in her youth the invaluable lessons of obedience to law, and moderation in the exercise even of lawful power.

During this period of inactivity at the north, events were in progress to a serious result at the south.

The departure of the French fleet and the return of Lincoln to South Carolina were soon followed by an embarkation at New York. Late in the previous December, Sir Henry Clinton with Lord Cornwallis, at the head of a body of nearly six thousand men, under convoy of five ships of the line and several frigates,* sailed for Savannah. In anticipation of this movement, the North Carolina brigade and the troops of Virginia had been detached from the northern army to Charleston.

Delayed by the weather, Clinton did not reach the Edisto until the middle of February. During this interval the utmost exertions were made to strengthen the for

* Washington's Writings, vi. 486.

tifications of that city, In its defence, the control of the harbor was of the first importance. That it could be maintained, was chiefly founded on an impression that the bar was impassable by vessels of large size. Letters of encouragement were addressed by Hamilton to Lincoln in the name of Washington. On the twenty-seventh of February he wrote: "Hitherto our affairs to the southward have certainly been more prosperous than could have been expected from circumstances, and if the issue is not favorable, I am thoroughly persuaded it will not be your fault."

He was apprised of a royal order of the Spanish monarch urging a diversion by the United States of the British force towards Georgia, to prevent succors being sent to Pensacola and Mobile, which the governor of Louisiana was about to attack with a force prepared at Havana. "If the enemy act offensively against the Carolinas your whole attention will necessarily be engaged at home, but if they should direct their force elsewhere, you may possibly have it in your power to pursue measures favorable to the operations of the Spaniards and to the immediate interest of the United States. You will have since been informed that your information with respect to the Virginia troops being detached to the southward was good. Though they could be ill spared from the army, I thought we should have less to fear here than you there, without them; and it appeared, upon the whole, advisable to throw in the weight of Virginia into the defence of our southern extremity."

How anxiously aid from Virginia was desired, and how inert she still was, is shown by a letter from Colonel Laurens written at Charleston two days before this communication to Lincoln: "Reinforcements are expectedGeneral Hagan is within a few miles. The Virginia

troops are somewhere! Assistance from that sister State has been expected these eighteen months.” *

The appearance of a body of troops being detached under the command of Lord Rawdon was some time after announced, the awaiting of which might throw the enemy into the hot season, and induce the abandoning the siege. Hamilton wrote, the fifteenth of April: "You will easily conceive the degree of our solicitude here for the fate of Charleston and its garrison. My apprehensions, after all, are principally for the harbor. If this is secured, the operations against you must become critical and arduous. But whatsoever may be the result, of this we are assured, that no exertions, prudence or perseverance will be wanting to defeat the attempts of the enemy. May the office be equally conducive to your personal glory, and to the advantage of these States." Lincoln was informed, that in case the British detachment should sail, the Maryland division of two thousand troops would be sent forward, not in the hope of influencing the fate of Charleston, but, if it should fall, to prevent the British getting entire possession of the State-as the Southern States would then probably "become the principal theatre of war." Information was now received, that the enemy's fleet had crossed the bar of Charleston. "The advices you give me," Lincoln was informed by Hamilton in the name of Washington, greatly increase my anxiety for the fate of Charleston and the State of South Carolina; and you will believe that my solicitude is not unmixed with considerations of personal friendship. The loss of the bar is a very serious loss. I hope it may not be a fatal one. This consolation, however, offers itself—that the honor of our arms is safe in your hands, and that if you must fall, you will not fall without a vigorous struggle." He was apprised that the Maryland division had marched.

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*Tarleton's Campaigns, p. 34.