John Jay Papers

To John Jay from William Duer, 3 January 1777

From William Duer

[Peek’s Kill Jany. 3d. 1776[7]—]

Dear Jay—

Two Men, who have enlisted with Rogers1 were taken two or three Days ago, who declare that they deserted in consequence of a Report, which Prevails in the Enemy’s Camp, that the Convention had issued a Proclamation of Pardon to those who had joind the Enemy— From the Character of these Men there is little Doubt but they speak Truth— I would therefore earnestly recommend it to you to publish immediately a Proclamation of Pardon under such Restrictions as you think consistent with Sound Policy— Our Freind Govr. Morris had made a Draft of one, wh. is appears to me one of his hasty Productions, and is in my Opinion too by no means dignified enough for a Public Body— I have therefore to request that you will pay Attention to this Matter, wh. I doubt not will be productive of good Consequences, particularly at this Crisis—2

I have received Intelligence that one Peter Clements who lives near Staatsborough, and Charity French are now raising Companies for the Enemies Service— Thos: Tobias has not yet joined the Enemy, and if proper measures are taken may probably be secur’d—3

Genl: Washington in a Letter to Major Genl. Heath gives a very favorable Acct. of our Affairs in Jersey— The Enemy are retreating towards South Amboy, and Genl. Washington, and the other Detachments of our Army in Jersey persuing—4

To morrow I shall set out for North Castle,5 but I am apprehensive from the Weakness of our Force at the different Posts that we shall not be able to strike any very decisive Stroke— Only ^Part^ of two Regts of the Massachusets Militia consisting of about 600 Men are as yet come in—and from [what] I can learn will come in very slowly— I think however it will be good Policy to put ^on^ a bold Face, and by harassing the Enemy with Scouting Parties in the lower Parts of Westchester County prevent them if possible from knowing our real Strength, or from benefiting of the Forage—

Rogers has had Intelligence that an attack has been meditated against him, in Consequence of wh. he has for so he and his Men have for some Nights past slept in Mount Washington—6 Persevere, my dear Freind, in the Department you are engaged in, and be assured that my Endeavors as an Individual will not be wanting in this Quarter to protect our Friend, and to harass the Enemy— Yours very sincerely

W Duer

ALS, NNU: Richard Maass Collection. Addressed: “To / John Jay Esqr / Fish Kill—”. Endorsed: “Wm Duer 3 Jan 1777—/ Recommendg Proc. of Pardon.” Tr, NNC (EJ: 12503). Note on transcript: “The date on the manuscript is 1776, but Jay’s note on the back of the letter is 1777. Probably it is Duer’s error.” Duer wrote as a member of the Committee for Detecting Conspiracies, of which JJ was then chairman.

1Robert Rogers (1731–95), the American frontiersman who commanded Rogers’ Rangers during the French and Indian War, had returned to America from Britain in 1775, offered his services to the British, and in August 1776 organized the Queen’s Rangers.

2On 7 Mar., Morris presented to the New York Convention a report on “the resolutions as an act of grace to such of the inhabitants who are gone, or sent out of the State, or confined as disaffected persons.” Morris’s report, as adopted by the convention, prescribed an oath to be taken by those who had been banished from the state or confined within the state for their disaffection. Those who refused to subscribe to the oath were to be sent behind British lines. However, the March resolutions did not extend the offer of pardon to those who were “charged with taking up arms against the United States, with enlisting men for the service of the enemy, accepting a warrant or commission for that purpose, supplying them with provisions, or conveying intelligence to them.” Two months later, Morris and JJ were named to a new committee charged with preparing “an act of grace for such of the inhabitants of this State as have been guilty of treasonable practices against the State,” and their report, presented by JJ and adopted on 10 May, offered pardon to those who took an oath of allegiance. JPC description begins Journals of the Provincial Congress, Provincial Convention, Committee of Safety and Council of Safety of the State of New-York (2 vols.; Albany, N.Y., 1842) description ends , 1: 827, 920–21.

3Peter Clements rose to the rank of captain in the King’s American Regiment and emigrated to Canada after the Revolution. Thomas Tobias’s activities had been reported to the Committee for Detecting Conspiracies on several occasions, and on 31 Dec. 1776, the committee was notified that he was on his way to New York City to join the British army. Charity French has not been identified. Minutes of the Committee and First Commission for Detecting Conspiracies, 1776–1778 description begins Dorothy C. Barch, ed., Minutes of the Committee and of the First Commission for Detecting and Defeating Conspiracies in the State of New York, Dec. 11, 1776–Sep. 23, 1778 with Collateral Documents: To Which Is Added Minutes of the Council of Appointment, State of New York, April 2, 1778–May 3, 1779 (2 vols.; New-York Historical Society, Collections, vols. 57–58; New York, 1924) description ends , 1: 31–32, 58–59, 63–64; Minutes, NHi (EJ: 3617).

4On 12 Nov. 1776, Major General William Heath was left in command of the Hudson Highlands when Washington and the main army withdrew to New Jersey. Washington’s letters to Heath of 27 and 28 Dec. 1776 described the American raid on Trenton on Christmas Eve and the ensuing retreat to South Amboy. DLC: Washington Papers, series 4.

5A post in northern Westchester.

6The site of Fort Washington in northern Manhattan.

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