The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-10-27 00:00:00, page 4

(No. 4.)
Head-quarters, before York, October z'B, 1781.
MY LORD,'
TO avoid unnecessary difeuffions and delays, I shall
at once, in answer to your lordship's letter of yesterday,
declare the general basis, upon which a definitive trea
ty of capitulation must take place. The garrisons of
York and Gloucester, including the seamen, as you
propose, will be received prifonersof war. The con
dition annexed, of fending the British and German troops
ft>the parts of Europe^ to which they refpeftively
belong, is inadmissible ; instead of this they will be
marched to such part's of the country as cadi most con
veniently provide for their fubfifiancet; and the bene
volent treatment of prisoners, which is invariably ob
served by the Americans, will be extended to theffi.
The fame honours will be granted to the surrendering
3rmy, as were granted to the garrison of Charleftown.
Tne (hipping and boats in the two harbours, with
all their guns, stores, tackling furniture and apparel,
(hall be delivered in their prefect date to an officer of
the navy appointed to take possession of them.
The artillery, arms, accoutrements, military chest,
and public stores of every denomination, shall be de
livered, unimpaired, to the heads oi the departments, to
which they refpe9ively belong.
The officers will be indulged in retaining their fide
arms, and the officers and soldiers may preserve their
baggage and effects ; with this reserve, that property
taken in the country will be reclaimed.
With regard to the individuals in civil capacities,
whose interests your lordfllip wishes may be attended tg,
rtntil they are more particularly described, Dotting de
finitive can be fettled.
I have to add, that I expe& the sick and wounded
will be supplied with their own hospital stores, and be at
tended by British surgeons, .particularly charged with
the care of them.
Your lordship will be pleased to fignify your deter
mination either to accept or reject the proposals now
offered, in tie course of two hours from tne delivery of
this letter, that cammiffioners may be appointed to di
^ed the articles of capitulation, or a renewal of hofti
%ties may take place.
I have the honour to be, my lord,
Your lordship's most obedient servant,
G. WASHINGTON.
To lieutenant-general earl Cornwallis,
commanding, &c.
His excellency lieutenant general
earl Cornwallis, commanding his Bri
tannic majesty's forces in York and
doucefter.
(No. 3.)
York, Virginia, 17th O^dber, rflfo
SIR, Half part 4 , P. M.
I HAVE this moment been honoured with your ex
cellency's letter dated this day.
The time limited for fending my answer, will not
admit of entering into the detail of articles: but the
basis of my proposals will be, that the garrisons of
York and Gloucester shall be prisoners of war with
the customary honours; and for the convenience of
the individuals which I have the honour to commana,
that the British shall e sent to Britain, and the Ger
mans to Germany, under engagement not to serve a
gainft France, America, or theif allies, until releaf
ed or regularly exchanged. That all armsand public
flores shall oe delivered up to you, but that the usual
indulgence of fide arms to officers, and of retaining
private prope ty, shall be granted td officers arid fol'
drers ; and that the interests of several individuals, in
civil capacities, and connected with us, (hall be at
tended to. If your excellency thinks that a continu
ance of the suspension of hoßilities will be necessary, to
transmit your answer, I shall have no objections to
the hour that you propose.
I have the honour to be, fir,
Your most obedient anti
most humble servant,
CORNWALLIS.
Hfo excellency general
Washington, commander, &c.
(No. 2.)
Camp before York, 17th Oaober, 17€/.
MY LORD,
I HAVE had the honor of deceiving your lordship's
letter of this date.
An ardent d fire to spare the farther effufion of blood,
will readily incline me to liflen to such terms for the
furtender of your posts of York aid Gloucester, as are
admiflible.
I wish, previous to the meeting of Commissioners,
that your lordship's propofais, in writing, may be
sent to the American lines; for which purpose a fuf
peofion of hostilities, during two hours from the deli
very of this letter, will be granted.
1 ha^e the honor to be, ms lord,
Your lordship's most obedient,
and most humble servant,
G. WASHINGTON.
[Concluded from the second page.)
( No. 1.)
SIR, York, Virginia, 17th ORober, 1781.
IP ROPGS E a ceflation of hostilities for 24 hours,
and that two officers may be appointed by each
fide, to meet at Mr. Moore's house, to fettle terms
for the surrender of the posts of York and Gloucester.
I have the honor to be, fir,
Your most obedient and most humble servant,-
CORNWALLIS.
To his excellency general Washington,
commanding the combined forces of
France and America.
Philadelphia: Printed and Sold by DAP" ID C. CLA TP 0 OLE.
(No. 5.)
York; in Virginia, 18th October, 1781.
SIR,
I Agree to open a treaty of capitulation upon the ba
sis of the garrisons at York and Gloucester, including
sea men, -being prisoners of war, without annexing the
Condition of their being sent to Europe ; but I expe&
to receive a compensation in arranging the articles of
capitulation for the surrender of Yorktown in its pre
sent date of defence. I shall in particular driire that the
Bonetta sloop of war may be left entirely' tft my dispo
sal from' the hour that the capitulation is fened, to re
ceive an aid-de camp to carry my' dispatches to fir Hen
ry Clinton, and such soldiers as Imay think proper to
fend as passengers in her, to be manned with 50 men of
her own crew : arid to be permitted to fail without ex
amination, when my dispatches are ready; engaging
on my part that the ship shall be brought back and de
livered to you, if she escapes the danger of the sea ; that
the crew and soldiers sent as passengers shall be ac
counted for in Future exchanges as prisoners : that she
shall carry off no officer without your consent, nor
public property of any kind. And I shall likewise de
sire that she traders and inhabitants may preserve their
property, and that no perfou may be punifaed for hav
ing joined the British troops^
If you choose to proceed to negotiation on fhefe
grounds, I Ihd' l appoint two field officers of my army
to meet two officers from you at any time and place
that you think proper, to digest the articles of capitu
lation. f have the honor to be,-
Sir, your most obedient
, ,aud most humble fervant,-
CORNWALLIS.
His excellency general Washington,
commanding, &c.
ARTICLES of Capitulation, fettled' between his
Excellency General Washington/ commander in chief of
te combined forces of America and France; his Ex
cellency the Count de Rochambeau, lieutenant general
of the armies of she king of France, great Cross of
the royal and military order of St. Louis, commanding
the auxiliary troops of his most chriftian mejefty in A
merita ; and his Excellency thecOunt de Graffe, lieute
nant gc neral of the naval armies of his most chriftianma
jefty, commander of the order of St Louis, Command
ing in chief the naval army of France' , in the Chefa
peak—on the one p:i/t -And the right honourable earl
Cornwallis, lieutenant general of his Britannic majes
ty's forces, commanding the garrisons of York and
Gloucester; and Thomas Symonds, esquire, command
ing his Britannic majesty's naval forces in York-river/
in Virginia—on th 6 other part.
Art. 1.
The garrison of York arid Gloucester, including the
officers and seamen of his Britannic majelly's ships, a$
well as other mariners, to surrender themselves prisoners
of war to the combined forces of America and France,
the land troops to refoain prisoners to the United
States, the navy to the naval a¥my of his most chrifti
an majeß/. [Granted.]'
Art. 2.
The artillery, arms, accoutrements military chest,
and public stores of every denomination fhhll be deli
vered unimpared to the heads of departments appoint
ed to receive mem. - [Grarited.j
Art. 3.
At twelve o'clock this day the two redoubts on fhe'
left flank of York to be del'i vered, the one to a detach
ment of American infantry, the other to a detach
ment of French grenadiers. The garrison of York will
march out to a place to ± be appointed, in' front of the
posts, at two o'clock precisely, with shouldered arms,
colours Cased and drums bearing a British or German
march. They are then to ground their arms, and re
turn to their encampment, where they will remain tin
til they are difpatehed to the place of their destinati
on. Two works on the Gloucester fide will be delivered
at one o'clock to detachments of French and Ameri
can troops appointed ' to possess thens. The gartifon
will march out at three o'clock in the afternoon, the
cavalry w th theft swords drawn, tr mpets .founding,
and the infantry in the manner prescribed for the gar
rison of York: They are likewise to return to their
encampment until they care be finally marched off.
(Granted.)
Art. 4.
Officers are to retain their tide arms: Both officers
and soldiers to keeptheir private property of every
kind, and no part of their bagga^ or papers to be at
any time fubje^ to search or infpe&on The baggage
and papers of officers and soldiers taken during the
siege to be likewise preser ved for them. It is under
flood' that any property obvroufly belonging to the
inhabitants of these Rates, in-the possession of the gar
rison,, shall bh fubje& to be reclaimed. [Granted.]
Art. 5.
The soldiers to bekept in Virginia, Maryland or
Pennsylvania, and as much by regiments as poflible,
and supplied with the fame rations of provisions as are
allowed 10 soldiers in the service of America : A field
officer from each nation, viz. British, Anfpach and
Hessian, and other officers on parole, in the proportion
of one to fifty men, to be allowed to reside near their
refpedive regiments, visit them frequently, and be wit
neffes of their treatment; and that these officers may
receive and deliver eloathing and other necessaries for
them, for which passports are to be granted when ap.
plied for. (Granted.)
Art. 6.
The general-ftaff and other officers, not imployed as
mentioned in the above article, and who chufe it, to be
permitted to go ou parole to Europe, to New York, or
any other American maritime ports at prefect in the pos
session of the British forces, at their own option, and pro
per vessels to be granted by the count de Graffe to carry
them, under flags of truce, to New-York, within ten
days from this date, if possible, and they to reside in a
district to be agreed upon hereafter, until they embark;
Published by Order of Congress,
CHARLES THOMSON, -Secretary.
o^@®&^^®&^ @0
Ort MONDAY Next,
At TEN o'clock in the Forenoon,
At the Marsha 's Wharf, berwc<nArch and Race streets.
Win begin the Sale by Public Auction,
OF THE
C ARGO E S
Of she Brigantine ANNE, and Brigantine KING
GEORGE:
And on TUESDAY, the 30th Instant,
At South street Wharf, Will be^in the SALE'ot the
Cargo of the Brigantine Nancy,
Being Prizes to the privateer B iganttae Fair American.
The said Prize VESSELS and the Brigantine YORK,/
with their Guns, Tackle, Apparel and Furniture,
will be SOLD at the COFFEE HOUSE, of which
NOTICE will be given, and the Inventories fhewa'
at the Place of Sale.
By Order of the Cout of Admiralty,
Odo. 22 CLEMENT BIDDLE, Mrfh:d.
0/7 n^ESDAr
At TEN o'clock in the Forenoon,
At the Marshal's Oißre,
Will be Sold by Public Auction,
The Sloop Amelia,
Sieztd and Condemn'd in the court of Admiralty for
this Rate.
CLEMENT BIDDLE, Marshal.
Philadelphia, Oao^r 23 1781.
the officers of the civil department of tte armg rwi
navy to be included in this article: Passports to go by
land to be granted to those, to whom vessels cannot 69
furnifhed. [Granted.]
Art. 7.
Officers to be allowed to keep soldiers as servant,
according to the common practice of the army. Serb
vants not soldiers are not to be considered as prisoners
and are to be allowed to attend their mafttrs.'
[Granted.]
Art. 8.
The Bonetta sloop of war to be equipped and navfc
gated by its present captain and crew, and left entire
ly at the disposal of lord Cornwallis, from the hour that,
the capitulation is signed, to receive an aid-de camp to
carry the dispatches to fir Henry Clinton, and such.
soldiers as he may think proper to fend to New-York
to be permitted to fail without examination when hi&
dispatches are ready ; his lordship engaging on his part,
that the ship shall be delivered to the order of count
de Graffe, if she Scapes the dangers of the seas : That
fhefhall not carry off an,public stores. Any part of
the brew that may be deficient on her return, and the
soldiers passengers, to be accounted for on her delive
ry. [Granted.]
Art. g.
The traders are to preserve their property, and to
be allowed' three months to dispose of or remove them,
and those traders are ' not to be considered as priso
ners of war. Answer.
The traders will be al owed to dispose of their eflfeHs,
the allied army having the' right of pre-emption. The
traders to be considered as prisoners of war on parole.
Art. 10.
Natives or inhabitants of different parts of this
country, at present at York and Gloucester, are not
to be punched on account of having joined the British
army. Answer.
This article cannot be affected to, being altogether
of civil reform.
Art ri.
Proper hofpifals to be furnifhed for the sick and wound
ed They are to be attended by their surgeons on pa
role, and they are to be furnifhed with medicines aad :
stores from the American hospitals.
Answer.
The hospital stores now in York and Gloucefter^
shall be delivered for the" use of the British sick and
wounded. Passports will be granted ' for procuring there
further supplies from New-York. as occasion may re
quire ; arid proper hospitals will be furnifhed for the re
caption of the sick and wounded of the two garrisons.
Art. 12.
Waggons to be furnifhed to carry the baggage of the
officers atten ling the soldiers, and the surgeons when
travelling on account of the sick, attending the hofpi<
taffy at the public expence.
Answer.
They will ' be furnifhed if possible:
Art. 13.
The flipping and boats in the two harbours, with
all their stores, guns, tackling and apparel, shall be de
livered up in their present flare, to an officer of the na
vy appointed to take possession of them, previously un
loading the private property, part of which had been
on board far security during the siege. [Granted.]
Art. 14.
No article of the Capitulation to be infringed on
pretext of reprisal, and if there be any doubtful ex
pressions in it, they are to be interpreted according
to the common meaning ants acceptation of the words.
(Granted.)
Done at York in Virginia, this 19th day of Octo
ber, 1781. CORNWALLIS.
(Copy) THOS. SY MONDS.