harbour for fhips of the line; and, on my return to it in August, I thought it then became my duty to make the best of it I could, having no other harbour to propofe in its place.

"In regard to the promise of the exertions of the navy, previous to your letter of the 24th of September, I can only repeat what I had the honour of faying to your Excellency, in the converfation to which you allude, that, without any particular engagement for the navy before that date, all your letters held out uniformly hopes of relief; and that I had no reason from any of them to suppose that you had loft fight of the poffibility of effecting it; and that under thofe hopes, after serious reflection, I did not think that it would have been justifiable in me to abandon those posts with our numerous fick, artillery, ftores, and fhipping, or to rifque an action, which in all probability, would, in its confequences, have precipitated the lofs of them.

"My letter from York, dated the 20th of October, was written under great agitation of mind, and in a great hurry, being conttantly interrupted by numbers of people coming in upon business or ceremony; but my intention in that letter was to explain the motive that influenced my own conduct, and to narrate the incidents that preceded the extremity, that forced us to furrender.

Note 239.

I have the honour to be, &c.

(Signed)

CORNWALLIS.

Letters that paffed between General Washington and Lord Cornwallis, the Capitulation of York-town, &c, From Lord Cornwallis to Gen. Washington, dated York in Virginia, Oct. 17. 1781. half-past 4. P. M.

SIR,

I have 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 bafis of my propofals will be, that the garrifons of York and Gloucester shall be prifoners of war with the customary honours; and for the convenience of the individuals which I have the honour to command, that the British shall be sent to Britain, and the Germans to Germany, under engagement not to ferve against France, America, or their allies, until releafed, or regularly exchanged; that all arms and public stores fhall be delivered up to you; but that the ufual indulgence of fide-arms to officers, and of retaining private property, shall be granted to officers and foldiers; and that the interefts of feveral individuals in civil capacities, and connected with us, shall be attended to.

If your excellency thinks that a continuance of the suspension of hoftilities will be neceffary to transmit your anfwer, I fhall have no objection to the hour that you may propofe. I have the honour to be, &c, (Signed) CORNWALLIS.

Letter from General Washington to Lieutenant General Earl Cornwallis, dated camp before York, Oct. 18, 1781.

MY LORD,

TO avoid unneceffary difcuffions and delays, I fhall at once, in anfwer to your lordship's letter of yesterday, declare the general bafis upon which a definite treaty of capitulation may take place.

The garrifons of York and Gloucester, including the feamen as you propofe, fhall be received prifoners of war. The condition annexed of fending the British and German troops to the parts of Europe to which they refpectively belong, is inadmiffible; instead of this they will be marched to fuch parts of the country as can most conveniently provide for their fubfiftence; and the benevolent treatment of prifoners, which is invariably obferved by the Americans, will be extended to them. The fame honours will be granted to the furrendering army, as were granted to the garrifon of Charlestown.

The shipping and boats in the two harbours, with all their guns, ftores, tackling, furniture, and apparel, fhall be delivered in their present state to an officer of the navy appointed to take poffeffion of them.

The artillery, arms, accoutrements, military cheft, and public ftores of every denomination, fhall be delivered, unimpaired, to the heads of departments to which they respectively belong.

The officers fhall be indulged in retaining their fide-arms; and the officers and foldiers may preferve 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 interest your lordship wishes may be attended to, until they are more particularly defcribed, nothing definitive can be fettled.

I have to add, that I expect the fick and wounded will be fupplied with their own hospital ftores, and be attended by British furgeons, particularly charged with the care of them.

Your lordship will be pleafed to fignify your determination either to accept or reject the propofals now offered, in the course of two hours from the delivery of this letter, that commiffioners may be appointed to digeft the articles of capitulation, or a renewal of hoftili. take place.

ties

༢ ་

may

I have the honour to be, &c.

Articles of Capitulation of York-Town.

ARTICLE I. The garrifons of York and Gloucefter, including the officers and failors belonging to his Britannic Majefty's fhips, and all other feamen, fhall furrender themselves prifoners of war to the combined forces of America and France; the land forces to remain

prifoners

prifoners to the United States, and all feamen to the naval forces of his most Christian Majefty.

ANS. Granted.

ART. II. The ordnance, arms, cloathing, military chefts, as well as all storehouses whatever, shall be delivered up to the heads of the different departments appointed to receive the fame.

ANS. Granted.

ART. III. This day at twelve o'clock at noon, a detachment of American infantry fhall be put in poffeffion of one of the redoubts, fituate to the left of York; the other to be given up to a detachment of French grenadiers. The garrison of York fhall march out to a spot agreed upon, their firelocks refting on their arms, their colours muffled up, and their drums either beating an English or a German march. They fhall next lay down their arms, and return to their camp, till they are made acquainted with their deftination. At one o'clock P. M. two works of Gloucester shall be surrendered to French and American detachments, fent to occupy the fame. The garrison of the latter fhall march out at three o'clock P. M. The cavalry with their drawn swords, their trumpets founding, and the infantry fball file off in the fame manner as the garrifon of York, and then return to their camp till it is totally evacuated.

ANS. Granted.

ART. IV. The officers fhall keep their fide arms. They, as well as the foldiers, shall preserve their private property, of what kind foever. No part of their baggage or papers fhall be liable to be ranfacked, or examined. This article extends alfo to the officers and foldiers taken during the fiege.-It is to be underflood, that the property belonging to the inhabitants of this State, which fhall visibly appear to be in the poffeffion of the garrifon, may be claimed. ANS. Granted.

ART. V. The foldiers, divided into regiments as much as poffible, fhall remain in Virginia, Maryland, or Pennfylvania; and shall have the fame allowance as is given to the troops ferving in America. A superior officer of each nation, viz. English, Anfpach, Heffian, and other officers on their parole, at the rate of one to fifty men, shall be at liberty to refide with their regiments, vifit them often, and be an eye witness to their treatment. Thefe officers fhall receive, and diftribute among their men, cloathing and other neceffaries: paffports shall be granted when applied for, to that purpose.

ANS. Granted.

ART. VI. The General, civil officers, and others, not employed, as mentioned in the foregoing article, on their applying for leave fhall be at liberty to go on their parole to England, New-York, or any other place in America, now in the poffeffion of the British forces, at their own option. The Compte de Graffe will supply them with flags of truce within ten days from the date hereof, if poffible: Meanwhile a place fhall be appointed for their refidence till they can embark. This article extends to all civil officers employed in the

T 4

army

guns and upwards at the time up the Chesapeak, which did not come into the action, and De Barras was not arrived from Rhode Island with his fquadron.

From this true narrative the public may fee that Sir George Brydges Rodney has no ground to charge Admiral Graves with delay. He might with equal propriety charge him with cowardice in feeking and fighting De Graffe with an inferiority of five ships of the line, after Sir George had declined engaging him off Tobago with nearly an equal force.

Note 232. Tranflation of the French Account of the action off the Chesapeak, as published by their Commanders at the Cape, and printed in the Jamaica paper.

Cape Francois, 27th Nov. 1781.

"The fleet in Lynnhaven-bay was waiting for news from General Washington, and the return of its boats, when, on the 5th of September, at eight in the morning, the look-out frigate made the fignal of feeing twenty fail to the eastward, fteering for the bay, the wind at N. E. It was foon difcovered to be an enemy's fleet, and not that of the Compte de Barras, which was expected.

"The English fleet forcing fail was foon near enough to be perceived forming the line of battle a-head on the ftarboard tack, and placing its heaviest ships in the van.

"As foon as it was known to be the enemy's fleet, the Compte de Graffe gave orders to prepare for battle, to recall the boats from watering, and for the fleet to be ready to get under fail. At noon the tide permitted to get under fail; accordingly the fignal was made, as alfo to form the line promifcuously as the ships could get under weigh.

All the captains applied themfelves fo diligently to the manœuvre, that, notwithstanding the abfence of ninety officers and eighteen hundred men, the fleet was under fail in lefs than three quarters of an hour, and the line formed in the following order: Pluton, Marfeillois, Bourgogne, Diademe, Reflechi, Augufte, L'Esprit, Caton, Cæfar, Deftin, Ville de Paris, Victoire, Sceptre, Northumberland, Palmier, Solitaire, Citoyen, Scipion, Magnanime, Hercule, Languedoc, Zelé, Hector, Souverain. The Languedoc, commanded by M. de Monteil, Commodore of the White and Blue fquadron, happened to be the fhip next a-head of the Ville de Paris; and the Compte de Graffe, obferving that no general officer was in his rear, gave M. de Montreil a verbal order to go and take the command there.

"The enemy coming down took care in forming their line on the ftarboard tack, ftill to preferve the wind. At two o'clock they wore altogether, and formed the line upon the tack as the French.

"In this pofition the two fleets were on the fame tack, but by no means parallel, as the rear guard of Admiral Graves was infinitely to windward of his van.

"At three o'clock the headmost of the French fhips, from the varying of the wind and current, finding themselves too far to windward for a well formed line, the Compte de Graffe made them bear up two points, that his ships might have the advantage of engaging together; and they kept the wind as foon as they were fufficiently in line to leeward.

"The headmost ships of both fleets approached each other to within mufquet-fhot. At four the action commenced in the van, commanded by M. de Bougainville, by a very brifk fire, and the main body were fucceffively engaged. At five the wind continuing to vary, even to four points, placed the vanguard ftill too much to windward. The Compte de Graffe ardently wished to make the action general, and to difpofe the enemy to it, ordered again his vanguard to bear away; that of Admiral Graves was very ill treated, and he profited of the advantage the wind gave him to be master of his distance, and to avoid being attacked by the French rear, who were using their utmost endeavour to reach his rear and his centre.

"The fetting of the fun at laft terminated the battlc. The English fleet kept their wind, and having preserved it, employed all the next day in repairing their damages.

"The 7th at noon, the wind changed in favour of the French, the Compte de Graffe approached the enemy, and manœuvred in the night fo as to preserve the wind.

"At day break on the 8th, the wind favoured Admiral Graves, it enabled his fhips to look up to windward of the French, who were then in bow and quarter line upon a wind on the starboard tack, but the Compte de Graffe perceiving it tacked his whole fleet together. They were by this movement in a well formed line approaching the enemy, who were upon the contrary tack in a line badly formed, and appeared inclined, notwithstanding their bad order, to difpute the wind. The Compte de Graffe made the fignal for his van to pafs close to windward of the enemy, who were now attempting to form the line of battle by tacking one ship after another, to come to the fame tack with the fleet of France.

"Admiral Graves then perceived how dangerous fuch a movement would be, and that to continue it, would give opportunity to the French to attack him before his fleet was half formed; those of his ships had already tacked, when he made his fleet wear together, and form aftern of his rear-guard, by which means he gave up the weather-gage to the French, and made fail from them.

"In the nights of the 8th and 9th, another variation of wind gave them the weather-gage; but during the night of the 9th, the Compte de Graffe regained it by his manoeuvres, for his fhips having fuffered lefs in the action, he had the advantage of carrying more fail than the enemy. In the nights of the 9th and 10th the English difappeared.

The