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themselves to be inoffensive in word as well as deed. A flag sails hence to-morrow to New York to negotiate the exchange of some prisoners. By her I have written to Genl. Phillips on this subject & enclosed to him copies of the within; intending it as an answer to a letter I received from him on the subject of Governor Hamilton. I have the honor to be Sir.

TO GENERAL WASHINGTON.

J. MSS.

WILLIAMSBURG, Oct. 2, 1779.

SIR,-Just as the letter accompanying this was going off Col. Mathews arrived on parole from New York by the way of headquarters bringing your Excellency's letter on his subject, with that of the British comissary of prisoners. The subject is of great importance & I must therefore reserve myself to answer after further consideration. Were I to speak from present impressions I should say it was happy for Governor Hamilton that a final determination of his fate was formed before this new information. As the enemy have released Capt. Willing from his irons the Executive of this State will be induced perhaps not to alter their former opinion. But it is impossible they can be serious in attempting to bully us in this manner. We have too many of their subjects in our power & too much iron to clothe them with & I will add too much resolution to avail ourselves of both to fear their pretended retaliation. However I will do myself the honor of forwarding to your Excellency the ultimate result of council on this subject.

In consequence of the information in the letter from the British commissary of prisoners that no officers of the Virginia line should be exchanged till Governor Hamiltons affair should be settled we have stopped our flag which was just hoisting anchor with a load of privates for N. York. I must therefore ask the favor of your Excellency to forward the enclosed by flag when an opportunity offers as I suppose Genl. Phillips will be in N. York before it reaches you. I have the honor to be Sir with the greatest esteem.

TO GENERAL WASHINGTON.

J. MSS.

IN COUNCIL, Oct. 8, 1779

SIR,-In mine of the second of the present month written on the instant of Colo. Mathews delivery of your letter I informed you what had been done on the subject of Governor Hamilton & his companions previous to that moment. I now enclose you an advice of Council in consequence of the letter you were pleased to enclose me from the British commissary of prisoners with one from Lord Rawdon also a copy of my letter to Colo. Mathews enclosing also the papers therein named. The advice of Council to allow the enlargement of prisoners on their giving a proper parole has not been recalled nor will be I suppose unless something on the part of the enemy should render it necessary. I rather expect however that they will see it their interest to discontinue this kind of conduct. I am afraid I shall hereafter perhaps be obliged to give your Excellency some trouble

in aiding me to obtain information of the future usage of our prisoners. I shall give immediate orders for having in readiness every engine which the Enemy have contrived for the destruction of our unhappy citizens captivated by them. The presentiment of these operations is shocking beyond expression. I pray heaven to avert them but nothing in this world. will do it but a proper conduct in the Enemy. In every event I shall resign myself to the hard necessity under which I shall act.

TO COLONEL GEORGE MATHEWS.1

J. MSS.

IN COUNCIL, Oct. 8, 1779.

SIR,-The proceedings respecting Governor Hamilton & his companions previous to your arrival here, you are acquainted with. For your more precise information, I enclose you the advice of Council of June the 16th, of that of August the 28th, another of Sep. 19th, of the parole tendered them the 1st instant and of Governor Hamilton's letter of the same day stating his objections in which he persevered: from that time his confinement has become a voluntary one. You delivered us your letters the next day when the post being just setting out much business prevented the Council from taking them into consideration. They have this day attended to them and found their resolution expressed in the enclosed advice bearing date this day. It gives us great pain

1 An American prisoner from New York on parole.

that any of our countrymen should be cut off from the society of their friends & tenderest connections while it seems as if it was in our power to administer relief. But we trust to their good sense for discerning & their spirit for bearing up against the fallacy of this appearance. Governor Hamilton and his companions were imprisoned & ironed. Ist. In retaliation for cruel treatment of our captive citizens by the enemy in general. 2d. For the barbarous species of warfare which himself & his savage allies carried on in our western frontier. 3d. For particular acts of barbarity of which he himself was personally guilty to some of our citizens in his power. Any one of these charges was sufficient to justify the measures we took. Of the truth of the first yourselves are witnesses. Your situation indeed seems to have been better since you were sent to New York, but reflect on what you suffered before that & knew others of your countrymen to suffer & what you know is now suffered by that more unhappy part of them who are still confined on board the prison ships of the enemy. Proofs of the second charge we have under Hamilton's own hand: And of the third as sacred assurances as human testimony is capable of giving. Humane conduct on our part was found to produce. no effect the contrary therefore was to be tried: If it produces a proper lenity to our citizens in captivity it will have the effect we meant: if it does not we shall return a severity as terrible as universal. If the causes of our rigour against Hamilton were founded in truth that rigour was just & would not give

right to the Enemy to commence any new hostilities. on their part; and all such new severities are to be considered, not as retaliation but as original and unprovoked. If those causes were not founded in truth. they should have denied them. If declining the tribunal of truth & reason they chuse to pervert this into a contest of cruelty and destruction we will contend with them in that line, & measure out misery to those in our power in that multiplied proportion which the advantage of superior numbers enables us to do. We shall think it our particular duty after the information we gather from the papers which have been laid before us to pay very constant attention to your situation & that of your fellow prisoners. We hope that the prudence of the Enemy will be your protection from injury, & we are assured that your regard for the honour of your country would not permit you to wish we should suffer ourselves to be bullied into an acquiescence under every insult & cruelty they may chuse to practice, & a fear to retaliate lest you should be made to experience additional sufferings. Their officers & soldiers in our hands are pledges for your safety we are determined to use them as such. Iron will be retaliated by iron but a great multiplication on distinguished objects: prison ships by prison ships, and like for like in general. I do not mean by this to cover any officer who has acted or shall act improperly. They say Capt. Willing was guilty of great cruelties at the Natches: if so they do right in punishing him. I would use any powers I have for the punishment

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