The Pictorial Field-Book of the Revolution, Vol. 2 (of 2) / or, Illustrations, by Pen And Pencil, of the History, Biography, Scenery, Relics, and Traditions of the War for Independence

by Benson John Lossing

Terms of Capitulation proposed.—The Commissioners.—Synopsis of Articles of Capitulation.

Cornwallis's letter, Washington desired him to transmit his proposals in writing previous to the meeting of the commissioners, for which purpose he would order a cessation of hostilities for two hours. To this the earl consented, and within the stipulated time he sent a rough draft of the general basis of his proposals. * Washington, perceiving that there would probably be no serious disagreement finally, also sent Cornwallis a general basis of terms upon which he should expect him to surrender. ** Commissioners were appointed to meet in conference at Moore's house, and hostilities were suspended for the night. The American commissioners were Colonel Laurens, *** and Viscount De Noailles, a relative of La Fayette's wife; the British commissioners were Lieutenant-colonel Dundas and Major Ross.

The commissioners met early on the morning of the eighteenth;Oct. 1781 but, being unable to adjust the terms of capitulation **** definitively, only a rough draft of them could be

* He proposed that the garrisons at York and Gloucester should be prisoners of war, with the customary honors; that the British soldiers should be sent to Great Britain, and the Germans to Germany, under an engagement not to serve against France, America, or their allies, until released or regularly exchanged; that all arms and public stores should be delivered to the conqueror, reserving the usual indulgence of side-arms to officers, and of retaining private property by the officers and soldiers; and that the interests of several individuals (Tories) in civil capacities, and connected with the British, should be attended to, and their persons respected.

** Washington declared that a general basis for a definitive treaty should be the reception of the two garrisons as prisoners of war, with the same honors as were granted to the American prisoners at Charleston; but he would not agree to send the prisoners out of the country. They were to be marched to some convenient place, where they could be sustained and treated kindly. The shipping and boats in the harbor of Yorktown and Gloucester, with all their guns, stores, tackling, apparel, and furniture, to be delivered to a naval officer appointed to receive them. The artillery, arms, munitions, and public stores to be delivered up, and the sick and wounded to be supplied with the British hospital stores, and attended by the hospital surgeons.

** Cornwallis, in reply, asked the privilege of retaining the Bonetta sloop of war, and sufficient officers and men, to carry his dispatches to Sir Henry Clinton, pledging her safe delivery to the conqueror subsequently, if she escaped the dangers of the sea. This was granted.

*** At that very time, Colonel Laurens's father, who had been president of Congress, was confined in the Tower of London on a charge of high treason. He had been captured at sea while on his way to Holland to solicit a loan. This circumstance will be more fully noticed hereafter.

**** The following is an abstract of the Articles of Capitulation: I. The garrisons at York and Gloucester to surrender themselves prisoners of war; the land troops to remain prisoners to the United States; the naval forces to the naval army of the French king. II. The artillery, munitions, stores, &c., to be delivered to proper officers appointed to receive them. III. The two redoubts captured on the sixteenth to be surrendered, one to the Americans, the other to the French troops. The garrison at York to march out at two o'clock, with shouldered arms, colors cased, * and drums beating; there to lay down their arms and return to their encampment. The works on the Gloucester side to be delivered to the Americans and French; the garrison to lay down their arms at three o'clock. IV. The officers to retain their side-arms, papers, and private property. Also, the property of Loyalists found in the garrison to be retained. V. The soldiers to be kept in Virginia, Maryland, and Pennsylvania, and to be subsisted by the Americans. British, Anspach, and Hessian officers allowed to be quartered near them, and supply them with clothing and necessities. VI. The officers allowed to go on parole to Europe, or to any part of the American confederacy; proper vessels to be granted by Count De Grasse to convey them, under flags of truce, to New York, within ten days, if they choose. Passports to be granted to those who go by land. VII. Officers allowed to keep soldiers as servants, and servants, not soldiers, not to be considered prisoners. VIII. The Bonetta to be under the entire control of Cornwallis, to go to New York with dispatches, and then to be delivered to Count De Grasse. * IX. Traders not considered close prisoners of war but on parole, and allowed three months to dispose of their property, or remove it. X. Loyalists not to be punished on account of having joined the British army. Considering this matter to be of a civil character, Washington would not assent to the article. XI. Proper hospitals to be furnished for the sick and wounded, they to be attended by the British surgeons. XII. Wagons to be furnished, if possible, for carrying the baggage of officers attending the soldiers, and of the hospital surgeons when traveling on account of the sick. XIII. The shipping and boats in the two harbors, with all their appendages, arms, and stores, to be delivered up, unimpaired, after the private property was unloaded. * XIV. This article is given entire in the preceding fac simile, which, with the signatures, I copied from the original document, now in possession of Peter Force, Esq., of Washington City! These articles were signed, on the part of the British, by Lord Cornwallis, and by Thomas Sy-monds, the naval commander in York River; on the part of the allied armies, by Washington, Rochambeau, Barras, and De Grasse.

* This disposition of colors is considered degrading. Lincoln was obliged to submit to it at Charleston, where the British general intended it as an insult. As Washington made the terms of surrender "those of Charleston," Cornwallis was obliged to submit.

** As Washington refused to agree to any stipulations respecting the Tories in the British camp, many of them sailed in the Bonetta for New York, unwilling to brave the ire of their offended countrymen.