The Associated Loyalists [ 131 ] something went wrong, however, if the Refugees misbehaved, the commander-in-chief would ultimately be held answerable for their actions. Clinton—a man afraid of responsibility, a general who as a subordinate proved capable and active but who as commander-in- chief proved overly cautious and sluggish and who continually pestered Whitehall for permission to resign—faced a difficult situation. He must govern an embittered set of men, bent on a war of destruction and retaliation, a kind of war Clinton himself preferred not to condone and believed would bring few good results.39 The Refugees, on the other hand, believed they had at last achieved their goal of a separate command to conduct a predatory war. In mid autumn the board of directors met with Clinton. He asked them to draw up a proposed set of regulations to govern their association. The Refugees' draft listed the members of the board and appointed them with full power "for associating, embodying, ordering, governing, and employing the Loyalists in North America for carrying on Operations against His Majesty's revolted Provinces!' The proposed regulations conformed to Germain's instructions but contained additional amendments the board of directors believed "would answer the expectations of His Majesty from such an institution!'40 The commander-in-chief examined the board's proposals and found them too liberal. He secretly contacted Chief Justice William Smith of New York and the province's lieutenant-governor, Andrew Elliot. He wished them to point out the dichotomy between Germain's instructions and the regulations set down by the directors. Clinton asked the two loyalists if they would "offer another Instrument for this Establishment!'41 It seems that Clinton's action was calculated to ease his responsibilities in governing the Associated Loyalists. Well known for their opposition to predatory warfare, both Smith and Elliot could be relied upon to draw up regulations keeping the Refugees tightly in check. In sanctioning small expeditions and raids along the coast, Clinton utilized the virtues of the armed loyalists. By using moderate loyalists to regulate the actions of their more radical brethren, Clinton 89 Clinton, American RebeUion, xlix-1; Wilcox, Portrait of a General, 70. 40 Copy of a Draft of Instructions for the Board of Associated Loyalists, Proposed to Sir Henry Clinton, October 28, 1780, PROCO, 5/82, 121. Hereafter cited as Proposed Instructions. 41 Smith, Memoirs, HI, 345.