John Jay Papers
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To John Jay from Alexander McDougall, 29 November 1775

From Alexander McDougall

Newyork Novr 29th 1775

Dear Sir,

It is now one P M, and Sixteen days, since the Congress was to have been convened; but we have not yet made a House; I think its probable we shall make one to morrow.1 It is an agreed point with all Civilized Nation[s], that a war is an appeal to God, as there can be none other to Judge between the Contending Parties. The Judge of all the Earth has determined in our favor, in the reduction of St John’s; we should therefore pay a Sacred regard to the Articles of Capitulation, least we offend, that God to whom we profess to have appealed, in the awful and unnatural Contest. I am leed to these reflections by the opinion of two of the officers, taken there (now on parole in this ^City^) “that we have violated the Articles of Surender by Seperating the Garrison,” which they hint is designed ^(if the Seperation is continued)^ to debautch the Privates from their duty. From the Honorable treatment they have hitherto received, they ascribe the present Separate State of the Garrison, to inadvertence, but declare freely, if its not remedied they must consider it as a Violation The bare mention of this to you, I doubt not will induce you to exert your self, to Correct whatever may have been done without design contrary to the Stipulation with that Garrison.2 For otherwise the war will be destitute of Honor, or Justice; and our Enemies will represent us as a Sett of faithless banditti; which may provoke or entice many to enter into their Army, who now detest the Service. Besides the Garrison ^under the restaint of the Articles^ in a Colony remote from the Ministerial Army, will be less dangerous to us than separated, under the Idea that the Capitulation is not obligatory, which will make ^them^ embrace the first favourable opportunity to Join our conceald Enemies; and thereby give us no small trouble. The Post is on the point of departing & I have so many interruptions, that I have time only to add that I am Sir, Your affectionate Humble Servant

Alexr. McDougall

Col Jay.

ALS, NNC (EJ: 6919). Addressed: “To/Col. John Jay/Delegate for/the Colony of New York/at Congress/Philadelphia.” Franked: “FREE”. Endorsed: “. . . abt. Chambly Officers.” For the repercussions of JJ’s error in assuming this letter concerned the “Chambly Officers,” see below, JJ to McDougall, 4 Dec. 1775, and McDougall to JJ, 14 Dec. 1775.

1See above, McDougall to JJ, 26 Nov. 1775, n. 3.

2Under the articles of capitulation agreed to at the surrender of St. Johns, “the garrison” was to be sent to Connecticut or any other place designated by the Continental Congress. On 17 Nov. 1775, Congress resolved that prisoners from St. Johns were to be sent to Reading, Lancaster, and York, Pa., while commissioned officers from that post were to be paroled and taken to Windham and Lebanon, Conn., “provided General Schuyler has not given his word for another disposition of them.” Congress confirmed its decision to separate officers from privates on 16 Dec. 1775. “Articles of Capitulation . . . at St. John’s,” 2 Nov. 1775, DNA: PCC, item 161, 2: 449–51; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 3: 358–59, 434.

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