The writings of George Washington; being his correspondence, addresses, messages, and other papers, official and private, selected and published from the original manuscripts; with a life of the author, notes and illustrations. By Jared Sparks.

PART.] THE FRENCH WAR. 223
persed over the country, and acting upon the defensive,
as ours does by order, this, I conceive, will not appear
inconsiderable to those, who are in the least degree acquainted with the nature of this service, and the posture
of our affairs; however it may seem to chimney-corner
politicians, thirsting for news, and expecting by every
express to hear in what manner Fort Duquesne is taken,
and the garrison led away captive by our small numbers; although we are restrained from making the attempt, were our hopes of success ever so rational.
The next. points, which I shall beg leave to mention,
are our military laws and regulations.
The first men raised, if I rightly remember, were under no law; if any, the militia law, which was' next of
kin to none. Under this we remained a short time,
and, by instilling the idea into the soldiers, who knew
no better, that they were governed by the articles of
war, we felt little inconvenience. The next campaign
we were joined by the regulars, and made subject to
their laws. After the regulars left us, the Assembly, as
I before mentioned, passed an act in September following to raise twelve hundred men, and, in order I suppose to improve upon the act of Parliament, prepared a
military code of their own, but such a one as could preserve no military discipline while it existed. This being
represented by the most pressing and repeated remonstrances, the Assembly were induced to pass a bill in
October following, for one year only, fixing the penalty
of death for mutiny and desertion. But they took no
cognizance of many other crimes, equally punishable
by act of Parliament. So that no officer, or soldier,
accused of cowardice, holding correspondence with the
enemy, quitting a post, or sleeping upon it, and many
other crimes of a capital dye, or pernicious tendency,
could be legally tried. Neither was there any pro