MS in JA's hand (PCC, No. 36, I, f. 5); docketed: “brot. in 27 Feby. 1777 ordered to lie.”

The spaces for the day and the month are left blank. Dated 25 Jan., the proclamation, in an effort to separate friend from foe, ordered those who had accepted pardons from the Howes to repair to headquarters or to any general officer so that arrangements might be made for them to withdraw within enemy lines. The proclamation was printed in both Philadelphia and Baltimore (Washington, Writings, ed. Fitzpatrick, 7:61–62). Feeling that Washington by this order contravened state laws for punishing traitors, Abraham Clark of New Jersey moved on 6 Feb. that 95the proclamation should in no way affect such laws or interfere with the legislative powers of the states. JA was made chairman of a five-man committee to consider Clark's motion ( JCC , 7:95). Writing some days after the committee reported in favor of the proclamation, Clark asserted that the committee, realizing that its report would meet opposition, favored having it tabled as a way of killing the issue. He added that it would never be taken from the table unless he made the effort (Clark to Elias Dayton, 7 March, in Burnett, ed., Letters of Members , 2:292). The congress did nothing further on the issue.