declared to be British Subjects within the meaning and operation of the resolution of the General Assembly, of the 19th day of December, 1776, for enforcing the Statute Staple, should be deemed British Subjects," and by their resolution of the twenty sixth day of the last month, they "required that all the persons so described, and now resident within this Commonwealth should be banished from the same, and the proper measures should be taken to prevent their return, as also to exclude thereout all others so described, and not now resident within this commonwealth" I have therefore thought fit, by and with the advice of the Council of State, to issue this my proclamation, hereby strictly charging and commanding all persons coming under any one of the descriptions in the said Act, and now being within this Commonwealth, to be, and appear before me in Council at Williamsburg, on or before the seventeenth day of August in this present year, in readiness to depart the Commonwealth in such manner as shall then be prescribed to them, as they will answer the contrary at their utmost peril: And I do moreover charge and enjoin all officers civil and military, and all other the good citizens of this Commonwealth, to apprehend and carry securely to the commanding officer of the militia of some county within this Commonwealth, all such persons, whom after the said day, they shall find lurking or being therein: And the commanding officers of the several counties are in like manner charged and required to receive the said persons, and all others so described, whom by the strictest diligence they shall be able to discover and take, to convey them in safe custody to the public jail in the city of Williamsburg, and to make report of such their proceedings to me. And I do further prohibit all persons so described from entering into this Commonwealth during the continuance of the present war with their prince, under colour of any commission, passport, licence, or other pretence whatsoever; and do publish and make known to such of them as shall presume to violate this prohibition, that they shall be deemed and dealt with as Spies, wheresoever they be taken. Given at Williamsburg on the first day of July, in the Year of our Lord One thousand, seven hundred and seventy nine. TO GENERAL BARON DE RIEDESEL.' FORREST, July 4, 1779. SIR,-Your kind letter of June 19 I received on the 2d inst. It is now some time since Colo. Bland wrote for leave to grant Permits to capt. Bartling & Lt. Campbell to come to the Argyle flag. Leave was immediately given by letter to Col. Bland. Sometime after I received another letter from him, accompanied with one from General Phillips informing me that Lt. Campbell was come as far as Richmond, & waited for a permit to proceed. A permit was instantly made out and dispatched. Capt. Bartling was not mentioned on that occasion & therefore no permit was made out for him. The 3d inst. was fixed for Lt. Campbell to be at the flag to do his business, and it was only on the day before that your letter came to me by post. I shall instantly write to capt. Bartling giving him license to proceed, if his business remains still to be done, by a conveyance which occurs tomorrow. I thought it necessary to give you this detail of circumstances that any delays which may happen might be ascribed to those accidents which may have caused them. I thank you for your kind congratulations; tho' condolations would be better suited to the occasion not only on account of the labours of the office to which I am called, and its withdrawing me from retirement, but also the loss of the agreeable society I From the original in the possession of Dr. Thomas Addis Emmet, of New York. Riedesel commanded the Hessians in Burgoyne's army, and was now a "convention" prisoner at Charlottesville. have left of which Mad'me de Riedesel and yourself were an important part. Mrs. Jefferson in this particular sympathizes with me, and especially on her separation from Mad'me de Riedesel. We are told you set out for the Berkely springs about the middle of month. We fear that this excursion, necessary for your amusement to diversify the scenes of discomfort, may deprive us of the pleasure of seeing you when we come to Monticello the last of this month. shall stay there about a month. Mrs. Jefferson joins me in compliments to yourself & Mad'me de Riedesel, I shall be able to execute her commission as to the spoons and bring them up with me. We TO GENERAL WASHINGTON. W. MSS. WMSBURG, July 17, 1779. SIR,-I some time ago enclosed to you a printed Copy of an order of Council, by which Governor Hamilton was to be confined in Irons in close Jail. This has occasioned a letter from General Phillips of which the inclosed is a Copy. The General seems to suppose that a prisoner on capitulation cannot be put into close confinement tho' his Capitulation shall not have provided against it. My idea was that all persons taken in war were to be deemed prisoners of war. That those who surrender on capitulation (or convention) are prisoners of war also, subject to the same treatment with those who surrender at discretion, except only so far as the terms of their capitulation or convention shall have guarded them. In the Capitulation of Governor Hamilton (a Copy of which I inclose) no stipulation is made as to the treatment of himself or those taken with him. The Governor, indeed when he signs, adds a flourish of reasons inducing him to capitulate, one of which is the generosity of his Enemy. Generosity on a large and comprehensive Scale seems to dictate the making a signal example of this gentleman; but waiving that, these are only private motives inducing him to surrender, and do not enter into the Contract of Colonel Clarke. I have the highest idea of the sacredness of those Contracts which take place between nation and nation at war, and would be the last on earth who should do anything in violation of them. I can find nothing in those Books usually recurred to as testimonials of the Laws & usages of nature and nations which convicts the opinions, I have above expressed, of error. Yet there may be such an usage as General Phillips seems to suppose, tho' not taken notice of by these writers. I am obliged to trouble your Excellency on this occasion, by asking of you information on this point. There is no other person whose decision will so authoritatively decide this point in the public mind, and none with which I am disposed so implicitly to comply. If you shall be of opinion that the bare existence of a Capitulation in the case of Governor Hamilton privileges him from confinement, tho' there be no article to that Effect in the capitulation, justice shall most assuredly be done him. The importance of this question in a public view, & my own anxiety under a charge of violation of national faith by the Executive of this Commonwealth will I hope apologise for my adding this to the many, many troubles with which I know you to be burthened. I have the honor to be with the most profound respect & esteem Yr Excellency's mo obedt & mo hble Servt. P. S. I have just received a Letter from Colo. Bland containing information of numerous desertions from the Convention Troops (not less than 400 in the last fortnight). He thinks he has reason to believe it is with the connivance of some of their officers. Some of these have been taken, all of them going northwardly. They had armed themselves with forged. passports, and with Certificates of having taken the oath of fidelity to the State; some of them forged, others really given by weak magistrates. I mention this to your Excellency as perhaps it may be in your power to have such of them intercepted as shall be passing through Pennsylvania & Jersey. Your letter inclosing the opinion of the board of officers in the case between Allison & Lee is come safe to hand after a long passage. It shall be answered by next post. TO THE GOVERNOR OF CANADA. V. S. A. WMSBURG, July 22d, 1779. SIR, Your letter on the subject of Lieutenant Governor Hamilton's confinement came safely to hand. I shall with great cheerfulness explain to you the |