"Lancaster, April 11th, 1778. Sir,—I take the liberty of mentioning an affair to you which I think deserves the attention of Congress. The persons who came from Philadelphia some time ago with, or in company with, a flag from the Enemy, and were taken up and committed to Lancaster Jail for attempting to put off counterfeit Contl. money, were yesterday brought to Tryal and are likely to escape by means of an artful and partial Construction of an Act of this State for punishing such offences. The Act makes it felony to counterfeit the money emitted by Congress, or to circulate such counterfeits knowing them to be so. The offenders' Council explained the word 'emitted' to have only a retrospect meaning by supplying the Idea of 'which have been' 'emitted by Congress.' Therefore say they the Act cannot be applied to any money emitted after the date of the Act. I believe the words 'emitted by Congress' means only, and should be understood, to distinguish Continental Money from other Money, and not one Time from another Time. It has, as I conceive, no referrence to any Particular Time, but only to the particular authority which distinguishes Money so emitted from Money emitted by the State. It is meant only as a discription of the Money, and not of the Time of striking it, but includes the Idea of all Time as inseparable from the Continuance of the authority of Congress. But be this as it may; the offence is Continental and the consequences of the same extent. I can have no Idea of any particular State pardoning an offence against all, or even their letting an offender slip legally who is accountable to all and every State alike for his crime. The place where he commits it is the least circumstance of it. It is a mere accident and has nothing or very little to do with the crime itself. I write this hoping the Information will point out the necessity of the Congress supporting their emissions by claiming every offender in this line where the present deficiency of the Law or the Partial Interpretation of it operates to the Injustice and Injury of the whole Continent.
"I beg leave to trouble you with another hint. Congress I learn has something to propose thro' the Commissrs. on the Cartel respecting the admission and stability of the Continental Currency. As Forgery is a Sin against all men alike, and reprobated by all civil nations, Query, would it not be right to require of General Howe the Persons of Smithers and others in Philadelphia suspected of this crime; and if He, or any other Commander, continues to conceal or protect them in such practices, that, in such case, the Congress will consider the crime as the Act of the Commander-in-Chief. Howe affects not to know the Congress—he ought to be made to know them; and the apprehension of Personal Consequences may have some effect on his Conduct. I am, Dear Sir,
"Your obt. and humble Servt.,
"T. Paine.
"Since writing the foregoing the Prisoners have had their Tryal, the one is acquitted and the other convicted only of a Fraud; for as the law now stands, or rather as it is explained, the counterfeiting—or circulating counterfeits—is only a fraud. I do not believe it was the intention of the Act to make it so, and I think it misapplied Lenity in the Court to suffer such an Explanation, because it has a tendency to invite and encourage a Species of Treason, the most prejudicial to us of any or all the other kinds. I am aware how very difficult it is to make a law so very perfect at first as not to be subject to false or perplexed conclusions. There never was but one Act (said a Member of the House of Commons) which a man might not creep out of, i. e. the Act which obliges a man to be buried in woollen. T. P."
The active author and secretary had remained in Philadelphia two days after Howe had crossed the Schuylkill, namely, until September 21st. The events of that time, and of the winter, are related in a letter to Franklin, in Paris, which is of too much historical importance for any part of it to be omitted. It is dated Yorktown, May 16, 1778.
"Your favor of Oct 7th did not come to me till March. I was at Camp when Capt Folger, arrived with the Blank Packet The private Letters were, I believe, all safe. Mr. Laurens forwarded yours to York Town where I afterwards recd. it.
"The last winter has been rather barren of military events, but for your amusement I send you a little history how I have passed away part of the time.
"The 11th of Sepr. last I was preparing Dispatches for you when the report of cannon at Brandywine interrupted my proceeding. The event of that day you have doubtless been informed of, which, excepting the Enemy keeping the ground, may be deemed a drawn battle. Genl. Washington collected his Army at Chester, and the Enemy's not moving towards him next day must be attributed to the disability they sustained and the burthen of their wounded. On the 16th of the same month, the two Armies were drawn up in order of battle near the White horse on the Lancaster road, when a most violent and incessant storm of rain prevented an action. Our Army sustained a heavy loss in their Ammunition, the Cartouch Boxes, especially as they were not of the most seasoned leather, being no proof agst. the almost incredible fury of the weather, which obliged Genl. Washn. to draw his Army up into the country till those injuries could be repaired, and a new supply of ammunition procured. The Enemy in the mean time kept on the West Side of Schuylkill. On Fryday the 19th about one in the morning the first alarm of their crossing was given, and the confusion, as you may suppose, was very great. It was a beautiful still moonlight morning and the streets as full of men women and children as on a market day. On the eveng. before I was fully persuaded that unless something was done the City would be lost; and under that anxiety I went to Col. Bayard, speaker of the house of Assembly, and represented, as I very particularly knew it, the situation we were in, and the probability of saving the City if proper efforts were made for that purpose. I reasoned thus—Genl. Washn. was about 30 Miles up the Schuylkill with an Army properly collected waiting for Ammunition, besides which, a reinforcement of 1500 men were marching from the North River to join him; and if only an appearance of defence be made in the City by throwing up works at the heads of streets, it will make the Enemy very suspicious how they throw themselves between the City and Genl. Washington, and between two Rivers, which must have been the case; for notwithstanding the knowledge which military gentlemen are supposed to have, I observe they move exceedingly cautiously on new ground, are exceedingly suspicious of Villages and Towns, and more perplexed at seemingly little things which they cannot clearly understand than at great ones which they are fully acquainted with. And I think it very probable that Genl. Howe would have mistaken our necessity for a deep laid scheme and not have ventured himself in the middle of it But admitting that he had, he must either have brought his whole Army down, or a part of it. If the whole. Gen. W. would have followed him, perhaps the same day, in two or three days at most, and our assistance in the City would have been material. If only a part of it, we should have been a match for them, and Gen. W. superior to those which remained above. The chief thing was, whether the cityzens would turn out to defend the City. My proposal to Cols. Bayard and Bradford was to call them together the next morning, make them fully acquainted with the situation and the means and prospect of preserving themselves, and that the City had better voluntarily assess itself 50,000 for its defence than suffer an Enemy to come into it. Cols. Bayard and Bradford were in my opinion, and as Genl. Mifflin was then in town, I next went to him, acquainted him with our design, and mentioned likewise that if two or three thousand men could be mustered up whether we might depend on him to command them, for without some one to lead, nothing could be done. He declined that part, not being then very well, but promised what assistance he could.—A few hours after this the alarm happened. I went directly to Genl. Mifflin but he had sett off, and nothing was done. I cannot help being of opinion that the City might have been saved, but perhaps it is better otherwise.
"I staid in the City till Sunday (Sep. 21st), having sent my Chest and everything belonging to the foreign Committee to Trenton in a Shallop. The Enemy did not cross the river till the Wednesday following. Hearing on the Sunday that Genl. Washn. had moved to Swederford I set off for that place but learning on the road that it was a mistake and that he was six or seven miles above that place, I crossed over to South-field and the next Morning to Trenton, to see after my Chest On the Wednesday Morning I intended returning to Philadelphia, but was informed at Bristol of the Enemy's crossing the Schuylkill. At this place I met Col. Kirkbride of Pennsburg Manor, who invited me home with him. On Fryday the 26th a Party of the Enemy about 1500 took possession of the City, and the same day an account arrived that Col. Brown had taken 300 of the Enemy at the old french lines at Ticonderoga and destroyed all their Water Craft, being about 200 boats of different kinds.
"On the 29th Sept I sett off for Camp without