the slain, that Lord Cornwallis after destroying everything he could at Hillsborough moved down the Haw river that Genl. Greene was within six miles of him, that our superiority in the goodness tho not in the number of our cavalry prevented the enemy from moving with rapidity or foraging. Having desired Major Magill to be particular in informing me what corps of militia from this state joined General Greene he accordingly mentions that 700 under General Stevens and 400 from Botetourt had actually joined General Greene, that Colo Campbell was to join him that day with 600 and that Colo Lynch with 300 from Bedford were shortly expected; the last three numbers being riflemen. Besides these mentioned by Major Magill, Genl Lawson must before that time have crossed Roanoke with a body of Militia the number of which has not been stated to me. Report makes them 1000 but I suppose the number to be exaggerated. 400 of our new levies left Chesterfield court house on the 25th february and probably would cross the Roanoke about the first or second of March. I was honoured with your Excellency's letter of Feb. 21 within seven days after its date. We have accordingly been making every preparation on our part which we were able to make. The militia proposed to operate will be upwards of 4000 from this state and 1000 or 1200 from Carolina, said to be under Genl Gregory. The enemy are at this time. in a great measure blockaded by land, there being a force on the east side of Elizabeth river. Tho they have a free exit from the Elizabeth river, they suffer for provisions, as they are afraid to venture far lest the french Squadron should be in the neighbourhood and come on them. Were it possible to block up the river, a little time woud suffice to reduce them, by want & desertions would be more sure in its event than an attempt by storm. I shall be very happy to have it in my power to hand you a favorable account of these two armies in the South. TO THE SPEAKER OF THE HOUSE OF DELEGATES. (RICHARD HENRY LEE.) V. S. A. IN COUNCIL. March 9th, 1781. SIR, I think it my duty to communicate to the General Assembly the enclosed papers giving information of the refusal of considerable numbers of militia within certain Counties to come into the Field and the departure of some others in Defiance with their arms. The crisis at which these instances of Disobedience to the laws have appeared may bring on peculiar consequences. I have taken the liberty of mentioning it to the General Assembly as it may perhaps suggest to them some amendments of the Invasion Law, or as they might wish to advise the proper measures to be taken on the present occasion. TO MAJOR-GENERAL BARON STEUBEN. IN COUNCIL. March 10th, 1781. SIR, I received your favour of the 8th instant and am sorry to find that this distressing flag is not yet off our hands. I sincerely wish that the perplexities she has introduced, she may not be more effectually working for our enemies than if she had pursued their original purpose. This can only be avoided by candid explanation & dispassionate Judgment. The line of conduct which the Executive meant to pursue as to this Flag cannot be more pointedly declared than in the letter of the February which I had the honour of writing to you, a copy of which I take the liberty of enclosing. They considered her from the beginning within the military line: they never proposed to make, or ever did make a single order on the subject or come to a resolution except that which is declared in my letter of February a copy of which is also enclosed, whereby they laid down a general rule that compensations for plunder shall not be received from the enemy. In the conversation which I had with Capt Walker wherein he mentioned your sentiments & purposes as to the person of Mr. Hare and his vessel, I declared to him my sense of the extreme impropriety of Mr. Hare's Conduct: that had I been the Officer to whom he had come, I would have refused to do business with him and have sent him back his Purpose uneffected, but that I would not for such a cause have brought the sacred rights of the flag into question, & that I concurred with you in opinion that they should be dismissed. The officers immediately connected with her did make some reports to the Executive, but they were in every instance and immediately transmitted and transferred to you for orders, one instance only excepted, which was the following. Some few days ago, I received a letter from Colo. Innes desiring my opinion as to what should be done with Mr Hare & the vessel. This conveyed to me the first notice that your order had not been obeyed and that the vessel was drawn into a Court of Justice. I wrote in answer to Colo Innes, as well as I can recollect for I write this from memory that whatever powers the Executive might have possessed over these subjects, they had delegated them to you, that I doubted whether the Delegation had added anything to your powers as I conceived them before competent to the subject, that as to Mr. Hare particularly whether considered as a Conductor of a Flag a Prisoner of war or a Spy he was subject to your order. That indeed as to the vessel since she was drawn into the posession of a court being much unacquainted with the subject I would take the Attory General's opinion on it & transmit it to him. I did so. I did not send the papers to you because I knew or believed you to be on the road to Williamsburg, where I took for granted the whole matter would be laid before you. As to Mr. Hare's person the Executive can with Truth disclaim having ever given an order on that subject, and if you had supposed, as we are afraid from your letter you do that any Thing has been done in consequence of an order, advice or Recommendation from us, we affirm that it was not: As little as the Detention of the vessel proceeded from the Executive. She is indeed in the hands of the State, but it is of the Judiciary part of Government, which is as independent of them as is the Supreme Court of any other Country. We are sorry the officers who transacted business with Mr. Hare should have failed in obedience to your orders, and would do any Thing in our power to support and manifest your authority were any Thing wanting but nothing can be added to the provision which the Military Institutions have made to enforce obedience, and it would be presumption in us to say what is that Provision to you. These put into your own hands the satisfaction which you desire Government to procure you. Even your letter to Mr. Hare, which we must suppose Major Turberville to have so improperly to have retained, it is most in our power to require authoritively to such an order no obedience would be exacted by the Laws, nevertheless he shall be written to on the subject as we cannot conceive but that, sensible of the Impropriety of such a detention, he will not need compulsion to return it I must again express my uneasiness at the unfortunate consequences which may flow from the conduct of the Gentlemen who have managed this business; however zealous may have been their Intention, I fear I foresee evils more lasting & weighty than the good which may result from them. I trust I shall not fail of having your concurrence in endeavouring to avoid them as far as shall depend on us. TO MAJOR-GENERAL BARON STUEBEN. V. S. A. IN COUNCIL, March 10th, 1781. SIR, Since writing my letter of this Day's Date, yours of yesterday has come to hand. The orders to the Counties which were to reinforce General Muhlenburg, were that their Detachments should be with |