Head Quarters, Middle Brook, February 9, 1779.
Sir: I have the honor of your Excellency's favr. of the 5th. instant 11 inclosing sundry Resolves of the Executive Council respecting the Conduct of Major General Arnold during his command in the City of Philada. Previous to the Rect. of your letter, General Arnold, who had arrived at Head Quarters the day before, had shewn me a letter from the Council to him accompanied by a Copy of the same Resolves, in which they advise him that a Copy was also laid before Congress. 12 This relieved me from some doubts which arose in my mind respecting the line of conduct, which the Council might expect me to pursue. For as the matter is before Congress, that Honble. Body will no doubt decide upon the measures proper to be taken in the Affair.
[Note:Neither Reed's letter nor the resolves of the Supreme Executive Council of Pennsylvania, which were dated Feb. 3, 1779, are now found in the Washington Papers.]
[Note:These resolves are not now found among the Papers of the Continental Congress . This action of the Supreme Executive Council of Pennsylvania resulted from Arnold's handling of the application of a Miss Levy for a passport to go into New York City, which affronted the Council and seems to have brought matters to a head in the conflict of authority between Arnold, as military commandant in Philadelphia, and the civil power. Miss Levy was involved in the coil of charges against David Franks and the Council charged Arnold with indecency and disrespect toward it. It is only fair to Arnold to call attention to Washington's criticism of the Supreme Executive Council's laxity in the matter of granting passports to women to enter New York City, in his letter of Feb. 12, 1779, to President Joseph Reed, q. v. ]
I should have replied to yours of the 19th January respecting Colo. Atlees claim to rank before I left Philada. had I not understood by a paper which was afterwards put into my hands, that the Delegates of Pennsylvania were instructed by the Council to represent the matter to Congress.
I have a high opinion of Colo. Atlees merit and abilities as an Officer, but I do not see how he can be at this time promoted to the Rank of Brigadier. As the State have only two Brigades in the Field they of course will only require two Brigadiers. They already have one, General Wayne, supposing General Hand to be out of the question, to supply the place of the other, Colonels Magaw and Irvine being senior Officers have both superior pretentions to Colonel Atlee. If in the captivity of Colo. Magaw it is thought necessary to fill the place with another, Colo. Irvine will by right of seniority be the person. I have the honor etc. 13
[Note:The draft is in the writing of Tench Tilghman. ]