The New-Jersey gazette — Burlington [N.J.], 1781-10-31 00:00:00, page 2

- honour to transmit to Congress, as soon as they
an be collected by the heads of departments to
which they belong.
Colonel Laurens and the Viscount de Noailles, on
the part of the combined army, were the gentle
men who aßed as Commissioners for forming and
fettling the terms of Capitulation and Surrender
herewith transmitted —to whom lam particularly
obliged for their readiness and attention exhibited on
the occasion.
Col. Tilghman, one of my Aids-de-Camp, will
have the honour to deliver these dispatches to your
Excellency—he, will be able to inform you of every
minute circumstance which is not particularly men
tioned in my letter —his merits which are too well
known to need any obfe ryation at this time, have
gained my particular attention, and I could with
that they may be honoured by the notice of your
Excellency and Congress.
Your Excellency and Congress will be pleased to
accept my congratulations on this happy event, and
believe me to be, with the highest refpeß and
esteem, Sir,
Your Excellency's most obedient humble servant,
G. WASHINGTON.
His Excellency the President of Congress.
P. S. Though I am not possessed of the particu
lar returns, yet I have reason to suppose that the
number of prisoners will be between 5 and 6000,
exclusive of seamen and others,
SI R, York, Virginia, OR. 17, 1781.
I PROPOSE a cessation 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 honour to be, Sir,
Your molt obedient and mofbhumble servant,
CORNWALLIS.
To H ; s Excellency Gen. Washington,
commanding the combined forces of
France and America.
Camp before York, OR. 17, 1781.
My LOR D,
IH AVE had the honour of receiving your Lord
ship's letter of this date.
An ardent desire to spare the further effufion of
blood, will readily incline me to listen to such terms
for the surrender of your posts of York and Glou
cester as are admiffable.
I with, previous to the meeting of Commissioners,
that your Lordship's proposals in writing may be
lent to the American lines; for which purpose a
suspension of hostilities, during two hours from the
delivery of this letter, will be granted. I have the
honour to be, My Lord,
Your Lordship's most obedient,
and most humble servant.
• G.WASHINGTON.
His Excellency Lieutenant General
Earl Cornwallis, commanding
His Britannic Majesty's forces, in
York and Gloucester.
York, in Virginia, OR. 17, 1781. Half past 4, P. M.
SIR,,
IH AV E this moment been honoured with your
Excellency'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 conve
nience of the individuals which I have the honour
to command, that the British shall be sent to Britain,
and the Germans to Germany, under the engage
ment not to serve against France, America, or their
Allies, until released or regularly exchanged.—That
all arms and publick florcs shall be delivered up to
you; but that the usual indulgence of tide-arms to
officers, and of retaining private property, shall be
granted to officers and soldiers —and that the interests
of individuals in civil capacities and connected with
us, shall be attended to —If you,r Excellency thinks
that a continuance of the fufpenlion of hostilities
will be necessary to transmit your answer, I shall
have no objeßions to the hour that you propose. I
have the honour to be, Sir,
Your most obedient and most humble servant,
CORNWALLIS.
His Excellency General Washington,
commanding, &c. &c.
Head-Quarters before York, OR. 18, 1781.
My L ORD,
TO avoid unnecessary difeuffions and delays, I
X shall at once, in answer to your Lordship's let
ter of yesterday, declare the general basis, upon
which a definitive treaty of capitulation must take
place—The garrisons of York and Gloucester, in
cluding the seamen, as you propose, will be received
prisoners of war —The condition annexed, of lend
ing the British and German troops to the parts of
Europe to which they refpeßively belong, is inad
miffible —instead of this, they will be marched to
such parts of the country as can most conveniently
provide for their fubfirtence ; and the benevolent
treatment of prisoners, which is invariably observed
by the Americans, will be extended to therh. The
fame honours will be granted to the surrendering
army, as were granted to the garrison of Charleftown.
The (hipping and boats in the two harbours, with
all their guns, stores, tackling, furniture and appa
rel, shall be delivered in their present date, to an
officer of the navy, appointed to take possession of
them.
The artillery, arms, accoutrements, military chert,
and puplick floras, of every denomination, shall be
delivered unimpaired, to the heads of departments
to which they refpeßively - belong.
The officers will be indulged in retaining their
fide-arms, and the officers and soldiers may preserve
their baggage and effeßs;, with,this referye, that
property taken in the country will be reclaimed.
With regard to the individuals in civil capacities,
whose interests your Lordship willies may be attend
ed to. until they arc more particularly described,
nothing definitive can be fettled, I have to add,
that I expeß the tick and wounded will be supplied
with their own hospital stores, and attended by Bri
tish surgeons, particularly charged with the care of
them.
Your Lordship will be pleased to fignify your de
termination, either to accept or reject the proposals
now offered, in the course of two hours from the
delivery of this letter, that Commissioners may be
appointed to digest the articles of capitulation—or
a renewal of hostilities may take place. I have the
honour to be, my Lord,
Your Lordship's most obedient, &c.
G. WASHINGTON.
To Lieut. Gen. Earl Cornwallis,
commanding, &c.
SI R, York, in Virginia, OR. 18, 1781.
lAGREEI AGREE to open a treaty of capitulation upon
the basis of the garrisons of York and Gloucester,
including seamen, being prisoners of war, without
annexing the condition of.their being sent to Eu
rope ; but I expeß to receive a compensation in ar
ranging the articles of capitulation for the surrender of
York-Town in its present ' ftate of defence. —I shall,
in particular, desire that the Bonetta sloop of war
may be left entirely at my dii'pofal from the hour
that the capitulation is figped, to receive an Aid
de Camp to carry my dispatches to Sir Henry
Clinton, and such soldiers as I may think proper to
fend as partengers in her, to be manned with 50
men of her own crew, and to be permitted to fail
without examination, when my dispatches are ready ;
engaging on my part, that the ship shall be brought
back and delivered to you if the escapes the danger
of the sea ; that the crew and soldiers sent as paden
gers shall be accounted for in future exchanges as
prisoners; that the shall carry off no officer" with
out your consent, nor publick property of any kind ;
and I shall likewise desire that the traders and inha
bitants may preserve their property, and that no
person may be punished for having joined the British
troops.
If you choose to proceed to negociation on these
grounds, I shall appoint two field officers ofmy
army to meet two officers from you, at any time and
place that you think proper, to digest the articles
of capitulation. I have the honour to be, Sir,
Your most obedient and
most humble servant,
CORNWALLI S.
His Excellency General Washington.
commanding, &c. &c.
ARTICLES of CAPITULATION,' fettled between
His Excellency General Washington, Com
mander in Chief of the combined forces of Ame
rica and France ; His,Excellency the Count de Ro-
CHAMBEAU, Lient. General of the armies of the
King of France, Great Cross of the Royal and
Military Order of St. Louis, commanding the
Auxiliary troops of His Most Christian Majesty,
in America; and His Excellency the Count de
Grasse, Lieut. General of the naval armies of
His Most Christian Majqfty, Commander of the
Order of St. Louis, commanding in chief the na
val army of France in the Chesapeake, on the one
part---and the Right Honourable Earl Cornwal
lis, Lieut. General of his Britannick Majesty's
forces, commanding the Garrisons of York and
Gloucester ; and Thomas Symonds, Esquire,
commanding his Britannick Majesty's naval forces
in York river in Virginia, on the other part.
Article I, r fHE garrisons of York and Glou-
I certer, including the officers and
seamen of his Britannick Majesty's ships, as well as
other mariners, to surrender themselves prisoners of
war to the combined forces of America and France.
The laud troops to remain prisoners to the United
States : the navy to the naval army of His Most Chri
stian Majesty. Granted.
Art. 11. The artillery, arms, accoutrements,
military chert, and publick stores, of every denomi
nation, shall be delivered unimpaired, to the heads
of departments, appointed to receive them.
Granted.
Ar r. 111. At 12 o'clock this day the two redoubts
on the left flank of York to be delivered, the one
to a detachment of American infantry, the other to
a detachment of, French grenadiers---The garrison
of York will march out to a place to be appointed,
in front of the ports, at two o'clock precisely, with
Mouldered arms, colours cased, and drums beating
a British or German march—they are then to ground
their arms and return to their encampment, where
they will remain until they are dispatched to the place
of their dertination—The works on the Gloucester
fide, will be delivered at one o'clock, to detachments
of French and American troops appointed to peffefe
them —The garrison wiil march out at three o'clock
an the afternoon, the cavalry with their swords drawn
trumpets founding, and the infantry in the manner
prescribed for the garrison of York—They are like
wise to return to their encampment until they can be
finally marched off. Granted.
Art. IV. Officers are to retain their fide-arms
both officers and soldiers to keep their private pro
perty of every kind, and no part of their b % c e
or papers to be at anytime fubjeß to search or :u.pedi
on Ihe baggage and papers of officers and soldiers
taken during the siege to be likewise preserved for
them—lt is understood that anv property obviouflv
belonging tdlhe inhabitants ofthefe States, in the pos
session of the garrison, fnall be fubjeß to be reclaim
ed. Granted.
Art. V. The soldiers to be kept in Virginia
Maryland or Pennfylvahia, and as much by regiments
as possible, and supplied with the fame rations of
provisions as are allowed to soldiers in the service
°f America: A field officer from each nation, viz.
British, & Airfpach and Hertian, and other officers on
parole, in proportion of one to fifty men, to be al
lowed to reside near their refpeßive regiment §, to
visit them frequently and be witnesses of their treat
ment and that these officers may receive and deli
ver clothing and other nectaries for them, for wriich
patsports are to be granted when applied for.
Granted.
Art.VL Ihe General Staff and other officers,
not employed as mentioned --n the above article, and
who chute it to be permitted to go on parole to
Luiope, to New-York, or to any other American
maritime ports at present in the possession of the F ri
tnh forces, at their option ; and proper vessels to be
granted by the Count de Grade. to carry them ren
der flags of truce, to New-York, within ten dtys
from this date, if possible, and they to reside ini a
diftriß to be agreed upon hereafter, till they e in
bark. The officers of the civil department of the
army and navy to be included in this article. Pur
ports to go by land to be granted to those to whom
vessels cannot be furnithed. Granted.
Art. VIL Officers to be allowed to keep fold; ers
as servants, according to the common praßiceof
the ai my—Servants, not soldiers, are not to be
considered as prisoners, and are to be allowed to at
tend t,heir matters. Granted.
ART. VIII.The Bonetta flcop of war to be equip
ped and navigated by its present Captain and cr %
and left entirely at the disposal of Lord Cornwallis,
from the hour that the capitulation is signed to
receive an Aid-de-Camp to carry defpatches to Sir
Henry Clinton, and such soldiers as he may think
proper to fend to New-York, to be permitted to feil
without examination, when his defpatches are rui
dy—His Lordship engaging on bis part, that the
flop shall be delivered to the order of the Count de
Grate, if she escapes the dangers of the seas—that
the shall not carry off any publick stores—any part
of the crew that may be deficient on her return and
the soldiers. paflengers, to be accounted for on her
delivery.— Granted.
Art. IX. The traders are to preserve their pro
perty, and to be allowed three months to dispose of
or remove it—and those traders are not to be
considered as prisoners of war.
Ans. The traders will be allowed to dispose of
their effects—#e allied army having the right of
pre-emption. The traders to be considered as riri
loners of war on parole.
Art. X. Natives or inhabitants of differ Lit parts
of this country, at present in York and Gloucefter,'
arc not to be punished on account of having joined
the British army.'
Ans. This article cannot be assented to, being
altogether of a civil nature.
Art. XI. Proper hospitals to be furnifhed for
the sick and wounded—they are to be attended by
their own surgeons on parole, and they are to be
furnifhed with medicines and stores from the Ame
rican hospitals.
Ans. The hospital stores now in York and Glou
cester shall be delivered for the use of the British
sick and wounded. Passports will be granted for
procuring them further supplies from New-York,
as occasion may require, and proper hospitals will
be furnifhed for the reception of the sick and wound
ed of the two garrisons.
Art. XII. Waggons to be furnifhed to carry
the baggage of the officers attending the soldiers,
and the surgeons when travelling on account of the
sick, attending the hospitals, at the publick expence.
Ans. They will be furnifhed if possible.
Art. XIII, The Dipping and boats in the two
harbours, with all their stores, guns, tackling and
apparel, shall be delivered up in their prefent' Bate
to an officer of the navy appointed to take posses
sion of them, previously unloading the private pro
perty, part of which had been on board for security
during the siege. Granted.
Art. XIV. No article of the Capitulation to be
infringed, on pretext of reprisal, and if there be
any doubtful expressions in it, they are to be inter
preted according to the common meaning and ac
ceptation of the words. Granted.
Done at York, in Virginia, this 19th day of OR. 1781.
CORNWALLIS,
THOMAS SYMONDS.
Published by order of Congress,
CHARLES THOMSON, Sec'ry.