59 John Marshall, The Life of George Washington , ed. Robert Faulkner and Paul Carrese (1838; Indianapolis: Liberty Fund, 2000), 5.
60 Sargent, The Life and Career of Major John André , 403.
61 Professor Glazier makes a good point when he cautions: “Any residual precedent from Washington’s actions must be considered in the context of the Constitution, which repudiates claims of continuing executive authority to ignore statutory enactments. The Supremacy Clause of the Constitution explicitly makes statutes and treaties ‘the supreme Law of the Land’ but makes no mention of customary international law. Also clearly on point is the constitutional commitment to Congress of the authority to ‘define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.’ This clause gives the Congress, not the Executive, primary authority in the field. Taken together, these two clauses suggest that Washington’s handling of the André affair was mooted by the Constitution. Ironically, the resolution on spying was not; its language about ‘lurking as a spy’ remains recognizable in the UCMJ to this day.” David Glazier, “Precedents Lost,” 23.
62 Journal of Major General Benjamin Lincoln, in Thacher, Military Journal of the American Revolution , 215.
Part V: His Excellency’s Loyal Subjects
1 Instructions to John Sullivan, May 31, 1779, in The Writings of George Washington , 15:190.
2 Benson John Lossing, Our Country: A History of the United States from the Discovery of America to the Present Time (New York: Lossing History Co., 1905), 4:998.
5 Thomas Campbell, “Gertrude of Wyoming,” in Gertrude of Wyoming; a Pennsylvanian Tale. And Other Poems (London: Longman, Hurst, Rees, & Orme, 1809), 59.
13 Washington to the President of Congress, June 17, 1776, in The Papers of George Washington, Revolutionary War Series , 5:21.
14 Washington to John Sullivan, March 15, 1777, in The Writings of George Washington , 7:290. Steve Adams, “NH: Years of Revolution,” brought this statement to my attention.
15 Washington to John Sullivan, May 31, 1779, in The Papers of George Washington, Revolutionary War Series , 20:718.
16 John Sullivan to Washington, September 30, 1779, in Thomas Coffin Amory, The Military Services and Public Life of Major-General John Sullivan (1868), 137–38.
17 General John Sullivan’s Report to Congress, September 30, 1779.
18 Journal of Lieutenant Erkuries Beatty, 4th Pennsylvania Regiment, September 13, 1779, in Journals of the Military Expedition of Major General John Sullivan , 31–32.
19 Journal of Lieutenant Robert Parker, of the Second Continental Artillery, September 14, 1779, in Jeremiah Whitaker Newman, The Lounger’s Common-Place Book , 1 (1796), 170. The two Americans tortured were Lieutenant Thomas Boyd and Sergeant Michael Parker. Since the bodies were so mangled, it became unclear which gruesome act was performed on whom.
20 Journal of Sergeant Moses Fellows, 3rd New Hampshire Regiment, September 14, 1779, in Journals of the Military Expedition of Major General John Sullivan, 91.
21 Journal of Lieutenant Rudolphus Van Hovenburgh, 4th New York Regiment, September 14, 1779, in ibid., 275–84; Colonel John Butler’s report to Lieutenant Colonel Bolton, September 14, 1779.
22 Journals of the Military Expedition of Major General John Sullivan , 530.
23 Except for one town far off, near Alleghany. John Sullivan to Washington, September 30, 1779, in Amory, The Military Services and Public Life of Major-General John Sullivan , 137–38.
24 Allan Eckert, Wilderness War: A Narrative (Boston: Little, Brown, 1978).
25 Address by Ellis H. Roberts, in Journals of the Military Expedition of Major General John Sullivan , 426.
26 James Thomas Flexner, George Washington: The Forge of Experience, 1732–1775 (Boston: Little, Brown, 1965), 323. The Native Americans were also commonly referred to as “savages.”
3 Idiotes meant “layman, person lacking professional skill” in ancient Greece and mutated into Middle English idiot , meaning “simple man, uneducated person, layman” by the fourteenth century. Douglas Harper, Online Etymology Dictionary.
4 A notion of citizenship existed in medieval cities, particularly in the commercially advanced cities of Italy and the Low Countries. A medieval text by Galbert of Bruges, The Murder of Charles the Good (New York: Harper Torchbooks, 1967), shows a sense of citizenship in tension with feudal ties. Many thanks to Carol Staswick for her insights into this area.
5 Rogers M. Smith, “The Meaning of American Citizenship,” in Constitution: A Bicentennial Chronicle , published by Project ’87 of the American Political Science Association and American Historical Association (1985).
6 While “new conceptions emerged that saw society and government as the product of individual consent and compact, . . . [Sir Edward] Coke’s conclusions regarding the character of allegiance—his maxims and definitions to the effect that the subject-king relationship was personal, natural, perpetual, and immutable—remained deeply embedded in the law.” James H. Kettner, “The Development of American Citizenship in the Revolutionary Era: The Idea of Volitional Allegiance,” American Journal of Legal History 18 no. 3 (July 1974): 209.
7 It is important to note that Great Britain was far from a tyrannical government but was actually quite progressive compared with the other world powers. Its main legislative body, the Parliament of Great Britain, was composed of the House of Lords and the popularly elected House of Commons. Nevertheless, the notion of unending loyalty to the Crown persisted.
8 Smith, “The Meaning of American Citizenship,” 3.
9 Marc Kaufman, “Jefferson changed ‘subjects’ to ‘citizens’ in Declaration of Independence,” Washington Post , July 3, 2010.
10 John Jay, Federalist No. 2 (October 31, 1787). Seemingly ignoring the religious and ethnic diversity already in the states, he also wrote that the citizens were “descended from the same ancestors, speaking the same language, professing the same religion.”
12 Kaufman, “Jefferson changed ‘subjects’ to ‘citizens’ in Declaration of Independence.”
13 United States Naturalization and Citizenship, FamilySearch. org (2011).
14 Samuel Adams to James Warren, June 28, 1775, in Letters of Delegates to Congress , ed. Paul H. Smith et al. (Library of Congress), 1:554. See also Donald N. Moran, “Why George Washington?” The Valley Newsletter (Sons of the American Revolution), February/March 1996.
15 Robert M. Calhoon, “Loyalism and Neutrality,” in A Companion to the American Revolution , ed. Jack P. Greene and J. R. Pole (Malden, Mass.: Blackwell, 2000), 235.
16 Claude Halstead Van Tyne, The Loyalists in the American Revolution (1902), 182–83.
17 John Adams to Abigail Adams, September 14, 1774, in Adams Family Correspondence , ed. L. H. Butterfield et al. (Boston, 1963), 1:155.
18 Kettner, “The Development of American Citizenship in the Revolutionary Era,” 213.
19 This notion indeed dissipated somewhat as the war raged—so much so that the Congress eventually referred to them as British subjects again in the peace treaty—but Washington still displayed respect for their rights.
20 Kettner, “The Development of American Citizenship in the Revolutionary Era,” 213.
21 W. Stewart Wallace, The United Empire Loyalists: A Chronicle of the Great Migration (1914), 10.
22 Angela E. M. Files, Loyalist Families of the Grand River Branch U.E.L.A.C. (United Empire Loyalists’ Association of Canada, 1991).
23 Nathanael Greene to Alexander Hamilton, January 10, 1781, in The Papers of Alexander Hamilton , ed. Harold C. Syrett et al. (New York: Columbia University Press, 1961–87), 2:529.
1 “Dr. William Eustis, Surgeon in the Continental Army,” in David A. Adler, George Washington: An Illustrated Biography (New York: Holiday House, 2004), 111. The details of the plot are largely unknown and the story herein reflects the somewhat conflicting reports from contemporaries.
2 Reverend John Marsh, July 9, 1776, in Washington Irving, Life of George Washington , 2:83n. The account of the peas is subject to debate; it was added as a note by antiquarian Benson J. Lossing in 1859 to Washington’s step-grandson’s memoirs. George Washington Parke Custis et al., Recollections and Private Memoirs of Washington (1860), 411.
3 Adler, George Washington: An Illustrated Biography , 111.
6 Cornelia Phillips Spencer, First Steps in North Carolina History (1888), 76.
7 Governor William Tryon to Lord Dartmouth, July 7, 1775, in William Walter Legge, 5th Earl of Dartmouth, The Manuscripts of the Earl of Dartmouth (1895), 2:329.
8 Washington to Philip Schuyler, June 25, 1775, in The Papers of George Washington, Revolutionary War Series , 1:37.
9 Daniel Parker Coke, M.P., The Royal Commission on the Losses and Services of American Loyalists, 1783 to 1785 , ed. Hugh Edward Egerton (1915), 168. Many thanks to Stephen Davidson for bringing to my attention much of the material on Mathews.