and seal of Governor Hamilton (no matter what was the subject of them) there can be no doubt they were acting under his direction, and, as including this proof, the fact was cited in the advice of the Council. But if you will be so good as to recur to the address of the Illinois, which you refer to, you will find that, tho' it does not in express terms threaten vengeance, blood & massacre, yet it proves that the Governor had made for us the most ample provision of all these Calamities. He there gives in detail the horrid catalogue of savage nations, extending from South to North whom he had leagued with himself to wage combined war on our frontiers; and it is well known that that war would of course be made up of blood and general Massacres of men, women and children. Other papers of Governor Hamilton's have come to our hands containing instructions to officers going out with scalping parties of Indians & Whites, and proving that kind of war was waged under his express orders; further proofs in abundance might be adduced, but I suppose the fact is too notorious to need them.

Your letter seems to admit an inference that, whatever may have been the general conduct of our enemies towards their prisoners, or whatever the personal conduct of Governor Hamilton, yet, as a prisoner by capitulation, you consider him as privileged from strict confinement. I do not pretend to an intimate knowledge of this subject. My idea is that the term "prisoners of war" is a generic one, the specification of which is-1st Prisoner at discretion;

& 2d prisoners on convention or capitulation. Thus in the debate of the house of Commons of the 27th November last, on the address, the minister, speaking of General Burgoyne (and in his presence) says he is "a prisoner," and General Burgoyne calls himself "a prisoner under the terms of the Convention of Saratoga," intimating that tho' a prisoner, he is a prisoner of a particular species entitled to certain terms. The treatment of the first class ought to be such as to be approved by the usage of polished nations; gentle and humain unless a contrary conduct in an enemy or individual, render a stricter treatment necessary. The prisoners of the 2d Class have nothing to exempt them from a like treatment with those of the first except so far as they shall have been able to make better terms by articles of Capitulation. So far then as these shall have provided for an exemption from strict treatment so prisoners on Capitulation have a right to be distinguished from those at discretion. [Two lines at bottom of the page gone.] certain causes antecedent thereto, tho' such instances might be produced, from English history too, and in one case where the King himself commanded in person. Marshal Boufflers after the taking of the castle Namur was arrested and detained. prisoner of war by King William tho' by an article of capitulation it was stipulated that the officers and soldiers of the garrison in general, and Marshal Boufflers by name should be at Liberty. However we waive reasoning on this head because no article in the Capitulation of Governor Hamilton is violated by his confinement. Perhaps not having seen the

I

Capitulation, you were led to suppose it a thing of course that being able to obtain terms of surrender, they would first provide for their own treatment. enclose you a copy of the Capitulation, by which you will see that 2d Article declares them prisoners of war; and nothing is said as to the treatment they were to be entitled to. When Governor Hamilton signs indeed he adds a flourish, containing the motives inducing him to capitulate, one of which was confidence in a generous enemy. He should have reflected that generosity on a large scale would take side against him. However these were only his private motives and did not enter into the contract with Colo. Clarke. Being prisoners of war then, with only such privileges as their Capitulation had provided, and that having provided nothing on the subject of their treatment, they are liable to be treated as other prisoners. We have not extended our order, as we might justifiably have done to the whole of this corps. Governor Hamilton & Capn. Lamothe alone, as leading offenders, are in confinement. The other officers and men are treated as if they had been taken in justifiable war; the officers being at large on their parole, and the men also having their liberty to a certain extent. Dejean was not included in the Capitulation, being taken 8 days after on the Wabache 150 miles from St. Vincennes.

I hope, Sir, that being made more fully acquainted with the facts on which the advice of Council was grounded, and exercising your own good sense in cool and candid deliberation on these facts, and the

consequences deducible from them according to the usages and sentiments of civilized nations, you will see the transaction in a very different light from that in which it appeared at the time of writing your Letter, and ascribe the advice of the Council, not to want of attention to the sacred nature of public conventions, of which I hope we shall never, in any circumstances, lose sight, but to a desire of stopping the effusion of ye unoffending blood of women and children, and the unjustifiable severities exercised on our captive officers and soldiers in general, by proper severities on our part. I have the honor to be with much personal respect, Sir, your most obt & most hmble Servt.

TO COL. WILLIAM FLEMING.1

ALBEMARLE, Aug. 7, 1779.

SIR, The enclosed order will explain to you the general plan adopted for regimenting, officering & stationing the two Western battalions. We are in hopes you will so far proceed in concert with the other commissioners as that the chain of posts to be recommended may form a complete Western defence, leaving no chasm in the middle. We wish you, when you report the stations proposed, to advise us also to what particular station it will be best for the men of each county respectively to go. As it will not be long before the men ought to be raised according to the directions of the law, and it will be

1 From the original in the possession of Dr. Thomas Addis Emmet, of New York.

proper for the Executive to pay immediate attention to the procuring arms and camp utensils for them. I should therefore be glad if you will be so good as to lay before them a state of the arms in your possession or at any other convenient station: also for your opinion what proportion of the men should be furnished with rifles, where rifles are to be had and on what terms.

TO THE COUNTY LIEUTENANT OF HAMPSHIRE.1

August 17, 1779.

SIR, You are desired to call together your Field Officers and in conjunction with them to recommend to the Executive a Captain and Lieutenant to take command in one of the battalions to be raised for the defence of the Western frontier, under an act of the late Assembly entitled an act for raising a body of troops for the defence of the Commonwealth. The men to be raised in your County under the same act, and the Officers to be recommended by you, are to hold themselves in readiness on the shortest warning to proceed to such Western rendezvous as shall be notified to them by the Executive or the Field Officer who shall be directed to take command of them.

Be pleased to transmit your recommendations to the Executive in Williamsburgh by the earliest opportunity you can, and also to report to them from time to time your progress in raising your

men.

TO THE PRESIDENT OF CONGRESS.

(JOHN JAY.)

C. C.

WILLIAMSBURG, Sept. 25, 1779.

SIR,--The various calamities which during the present year have befallen our crops of wheat, have reduced them so very low as to leave us little more than seed

1 From a copy courteously furnished by Hon. Elliot Danforth, of Albany, N. Y.

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