to find that these inferences and conclusions
from the general nature and rights of independence, stand confirmed by
the express acts and declarations of Congress on the subject, and in
whatever view these acts may be regarded by others, they must be
considered as authoritative by their servants.
"So early as the 17th of July, 1776, Congress resolved, 'that General
Washington, in refusing to receive a letter said to be sent by Lord
Howe, addressed to "George Washington, Esq." acted with a dignity
becoming his station, and, therefore, that this Congress do highly
approve the same, and _do direct_ that no letter or message be
received on any occasion whatever from the enemy by the Commander in
Chief, or others, the commanders of the American army, but such as
shall be directed to them in the characters they respectively
sustain.'
"We conceive that the reason of this resolution extends with at least
equal force to _civil_ officers, and particularly to Commissioners
appointed to treat of peace with Great Britain.
"On the 5th of September, 1776, Congress resolved, 'that General
Sullivan be requested to inform Lord Howe, that this Congress, _being
the representatives of the free and independent States of America_,
cannot with propriety send any of its members to confer with his
Lordship in their _private_ characters, but that ever desirous of
establishing peace on reasonable terms, they will send a committee of
their body to know whether he has any authority to treat with persons
_authorised by them_ for that purpose in behalf of _America_, and
what that authority is; and to hear such propositions as he shall
think fit to make respecting the same; that the President write to
General Washington and acquaint him, that it is the opinion of
Congress, no proposals for making peace between Great Britain and the
United States of America _ought to be received or attended to_, unless
the same be made in writing, and addressed to the representatives of
the said States in Congress, or _persons authorised by them_, and if
application be made to him by any of the commanders of the British
forces on that subject, that he inform them, that these United States,
who entered into the war only for the defence of their lives and
liberties, will cheerfully agree to peace on reasonable terms,
_whenever such_ shall be proposed to them in MANNER AFORESAID.'
"These resolutions were passed at a time when the United States had
formed no allia
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