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1781 - TO THE SPEAKER OF THE HOUSE OF DELEGATES (BENJAMIN HARRISON) - Thomas Jefferson, The Works, vol. 3 (Notes on Virginia I, Correspondence 1780-1782) [1905]Edition used:The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 3.
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TO THE SPEAKER OF THE HOUSE OF DELEGATES (BENJAMIN HARRISON)v. s. a. In Council Jan. 1. 1781. Sir, —The inclosed letter conveying intelligence of a fleet appearing in our bay, came to hand yesterday. Its size has given suspicions that it may be hostile, more especially as we have been lately informed that an embarkation was taking place at New York. I have thought it my duty to communicate it to the General assembly before their rising, as they might perhaps wish to give some advice to the Executive on this subject. TO THE SPEAKER OF THE HOUSE OF DELEGATES (BENJAMIN HARRISON)v. s. a. January 1st, 1781. Sir, —I have this moment received confirmation of the arrival of a hostile fleet consisting of 19 ships, and two brigs and two sloops and schooners, the advance of a fleet were yesterday morning in Warrasqueak and just getting into motion up the river with a favorable wind and tide. Their destination from intelligence of deserters and some captured mariners whom they put on shore is up James River. I beg the favor of you to communicate this intelligence to the General Assembly. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richmond. January 2d, 1781. Sir, —It happened unfortunately from the tenor of Mr. Wray’s letter which gave us the first intelligence of the Appearance of an Enemy we had reason to expect more precise information within a few hours: none such having come within fifty hours, the first intelligence had become totally disbelieved. At 10 o’clock this morning I first received confirmation of it. Orders go out by the members of Assembly to call together half the Militia of the most convenient Counties for present Opposition and one fourth from more distant Counties. We mean to have four thousand six hundred Militia in the field. In this number is not included any below this County. Hanover, Chesterfield, Dinwiddie, Sussex and Southampton, all below these Counties we have left uncalled on to be drawn by you (or such of them as you think proper) into such parts of the lower Country as you shall think best. Mr. Brown the Commissary has Orders to send a Deputy to furnish you with provisions. I do myself the pleasure of sending you a Commission. I pray you to send as frequent intelligence as possible. Expresses being in readiness for this purpose at Williamsburg and New Kent Court House. Be pleased to give the same notice to the militia as formerly that no man will be ever discharged till he shall have returned whatever Public Arms or Accoutrements he shall have received; be also particular in noting what is delivered to every man. We mean to appoint the Field Officers on the same plan as in the former Invasion from the resigned and supernumery, preserving the Ranks of those Gentlemen accurately as among themselves. TO MAJOR-GENERAL BARON STEUBEN1January 2d. 1781. Sir, —I have this moment received a confirmation of the arrival of a hostile Fleet consisting of 19 Ships, 2 Brigs, and 10 Sloops and Schooners. The advance of the Fleet were yesterday morning in Warrasqueak Bay, and just getting into motion up the river with a favorable wind and tide: their destination from the intelligence of deserters and some captured mariners, whom they put on shore, is some where up the river, supposed to be Petersburg. We shall be very glad of the aid of your counsel in determining on the force to be collected, and other circumstances necessary to be attended to, for the purpose of opposition, if it be convenient for you to call on the council immediately. CIRCULAR - LETTER TO THE COUNTY LIEUTENANTS OF HENRICO, HANOVER, GOOCHLAND, FLUVANNA, ALBEMARLE, AMHERST, CHESTERFIELD, POWHATAN, CUMBERLAND, DINWIDDIE, AMELIA, BUCKINGHAM, BEDFORD, HALIFAX, CHARLOTTE, PRINCE EDWARD, LUNENBURG, MECKLINBURG, SUSSEX, SOUTHHAMPTON, BRUNSWICK.v. s. a. Richmond. January 2d, 1781. Sir, —The arrival of a hostile force within our State being confirmed and their movements indicating an intention to come immediately into the Heart of the Country renders it necessary to call for of your militia under proper captains and subaltern officers to rendezvous That there may not be an instants delay let them come in detached parties as they can be collected; every man who has arms bring them. The good of the service requires that the Field Officers at least be experienced in the service, for this reason these will be provided for at the Rendezvous. I beg that this may not be considered by the militia Field Officers from want of Respect to them. We know & confide in their zeal: but it cannot be disreputable to them to be less knowing in the art of war than those who have greater experience in it: and being less knowing, I am sure spirit of Patriotism with which they are animated will lead them to wish that measure to be adopted which will most promote the Public safety however it may tend to keep them from the Post in which they would wish to appear in defence of their Country. The Militia must be subsisted to their Rendezvous under the rules of the Invasion law. A list of all certificates given being kept and returned to the Auditors. CIRCULAR-LETTER TO THE COUNTY LIEUTENANTS OF SHENANDOAH, ROCKINGHAM, AUGUSTA, AND ROCKBRIDGEv. s. a. In Council. January 2d. 1781. Sir, —The Enemy having again thought proper to invade our Country and being now on their way up James River, I have thought proper with advice of the Council of State to require of your militia under proper officers to repair immediately to Richmond, armed with good Rifles and Accoutrements suitable as far as they have them; such of them as have not Rifles will be armed here with muskets and joined to Battalions of Musquetry. Those who bring Rifles will be formed into a seperate corps. Much will depend on the proper choice Officers. They are to be furnished with Provisions by impressing it as directed by the Invasion law, the Person procuring it for them keeping and returning to the Auditors a list of the certificates they grant, stating the Name, Article, Price and Purpose. As the Enemy show by their movements an intention to take Post in the Heart of our Country at once I beseech you to lose not a moment in sending of your men. CIRCULAR-LETTER TO THE COUNTY LIEUTENANTS OF HENRICO, HANOVER, GOOCHLAND, POWHATAN, AND CHESTERFIELDv. s. a. Richmond. January 4, 1781. Sir, —The Enemy having last night passed up James River and seeming to point immediately to this place or Petersburg, I must desire you without a moments delay to send every man of your County able to bear Arms to rendezvous at Westham, let them come in small Detachments as they can be collected and not wait to be formed into companies. TO COLONEL FRANCIS TAYLORv. s. a. In Council. January 4, 1781. Sir, —The enemy now appear to be pushing to this place and we know not how much further they may attempt to penetrate. A suspicion that the Conventioners might be induced to attempt a Co-operation and by that means distract the efforts of our People renders it necessary that in the instant of your receiving this you put those Troops into Motion without waiting for their Baggage or anything else, within a very few hours we expect you may throw the whole across the blue ridge and it may be well for you to call on the Counties of Augusta, Amherst and Albemarle to collect a force at Rockfish gap to oppose any pursuit. I would not have those Counties on account of such a call withold the militia required to come here. They must furnish so many additional as you call for. A multiplicity of business puts it out of my Power to send you written Powers of impress. But you must exercise that Power for every purpose only requiring you to keep exact lists of their Certificates to be returned to the Auditors as directed on a former Occasion. TO COLONEL RICHARD MEADEv. s. a. In Council. January 4, 1781. Sir, —The present invasion having rendered it necessary to call into the field a large Body of Militia the providing them with subsistence, and the means of transportation becomes an arduous task in the unorganized state of our military system. To erect this we are obliged to vest the Heads of the Commissary’s and Quarter Master’s Departments with such Powers as if abused will be most afflicting to the People. Major General Baron Steuben taught by experience on similar occasions has pressed on us the necessity of calling to the Superintendance of these Officers some Gentleman of distinguished Character and abilities, who, while he prescribes to them such Rules as will effectually produce the object of their appointment, will yet stand between them and the people as a Guard from Oppression. Such a Gentleman he would propose to consider as of his family; under the exegency we have taken the Liberty of casting our eyes on yourself as most likely to fulfill our wishes and therefore solicit your undertaking this charge; in doing this we rely on the impulse of purer motives than those which would spring from any pecuniary reward it is our power to offer. At the same time we cannot with justice permit that any expenses incurred in such a station should be borne by yourself. I shall hope to receive your answer by the return of the Bearer. TO MAJOR-GENERAL BARON STEUBENv. s. a. Richmond. January 4—1781. Sir, — * * * I immediately on receiving the communication from you by Major Walker1 that you would wish such a person as you therein described to be with you. I laid it before the Council. We concluded to propose to Major Walker (late of our delegates) to accept of this office having once been a member of the Council he is not unacquainted with our arrangements. I sent to him by Express and shall hope an answer very shortly. I sincerely wish he may consent to undertake it, as I am satisfied he can save you much Trouble. Should he decline it I apprehend it not easy to find another who will be of real use to you. None of the militia with Genl. Weedon (except from the Counties of Rockbridge, Augusta, Rockingham and Shenandoah) were of the Counties intended to be kept in the Field. I thought it necessary to mention this circumstance to you as you might perhaps think proper to discharge them before they join Genl. Nelson. TO MAJOR-GENERAL BARON STEUBEN1Manchester, Jan. 7th. 1781. 2 o’clock p.m. Sir —I have thought myself very unfortunate in missing of you for two days though riding over the same ground on which you were. On my arrival here I was informed you were at Ampshill and was setting out for there, when a Gentleman came who assured me you were at Ozborne’s and having rode thirty miles through the rain, I have not resolution enough to undertake to go to Ozborne’s this evening. I received your letter of yesterday at Westham at noon. I fear it will be impossible to furnish the thousand Stand of Arms you desire. Col. Davies has sent some hundreds from Westham to different places to be put into the hands of the Militia coming in. He has undertaken to have those remaining there separated, in order that such as are capable of being used may be sent to you, and I have engaged persons who are going out to impress Waggons to transport them to you. Colo. Davies seemed doubtful to what place they should be ordered. I mean to continue here or at Richmond to see whether I can collect the several Staff Officers of the State, and have the benefit of their Services on the present occasion. I shall be very happy to aid those of the Continent with every power I am invested with. While at either of these places I shall be able to communicate both with yourself and General Nelson, and to do everything you will be pleased to suggest for the service. I fear the want of Arms fit for service will be a most distressing circumstance. Are there no Continental Arms which can be used on the present occasion? I mean to endeavour to collect hands and tools immediately to repair Arms. Tools will be the most difficult to be procured. TO MAJOR-GENERAL BARON STEUBEN1Manchester, Jany. 7th, 1781, ½ past 9 p.m. Sir, —Your letter of this morning on the subject of finding where the arms have been sent and having them put into the hands of the Militia I have this morning received. I think most of the arms have been sent off in different directions by the orders of Colo. Davies, whom I believe to be therefore best acquainted with their situation. If I did not misunderstand him to-day he has accordingly directed particular bodies of militia to go to particular places to receive arms. However (if I do not go to Richmond to-night which I have some thought of doing) I will write to Col. Muter to appoint some proper person to undertake and execute this business immediately as you desire; as I wish exceedingly to relieve you from every unnecessary embarrassment when I know you are exposed to but too many which are unavoidable. TO MAJOR-GENERAL BARON STEUBENv. s. a. Richmond. January 9—1781. Sir,—Mr. Granville Smith, a State Quarter Master, now waits on you. As I am not thoroughly acquainted with the Continental Regulations, I shall just mention to you my Ideas on this particular matter without laying any stress on them and leave to your determination the propriety of using Mr. Smith. I have ever understood that the rule of Congress was to admit no expenses to be Continental which were incurred by any State merely under an apprehension of an invasion; but that whenever a State was actually invaded all expenses became Continental. This I know was the rule while I was a member of Congress, but as it is four years since I was a member of Congress, I cannot affirm of my own knowledge, though I have understood that it is still the rule. The practice here has accordingly been for the Continental Quarter Master to come into duty as soon as the State has been invaded; he being appointed under the authority of Congress, it has been supposed that he could best regulate all expenses according to the Continental rules. The State Quarter Master not being appointed under Congress, not possessing their confidence, nor subject to their removal or punishment, seems for these reasons an improper person to dispense their monies. I submit these matters, however, altogether to yourself. Should you think it proper that the State Quarter Master should act, Mr. Smith is instructed to receive your orders: he is a discreet & sensible person. TO THE PRESIDENT OF CONGRESS1 (SAMUEL HUNTINGTON)c.c. Richmond Jany 10. 1781. Sir, —It may seem odd considering the important events which have taken place in this State within the course of ten days past, that I should not have transmitted an account of them to your Excellency; but such has been their extraordinary rapidity & such the unremitted exertions they have required from all concerned in government that I do not recollect the portion of time which I could have taken to commit them to paper. On the 31st of December, a Letter from a private gentleman to General Nelson came to my hands, notifying that in the morning of the preceding day 27 sail of vessels had entered the capes & from the tenor of the letter we had reason to expect within a few hours further intelligence whether they were friends or foes, their force, & other circumstances. We immediately despatched General Nelson to the lower Country with power to call on the Militia in that quarter or to act otherwise as exigencies should require; but waited further intelligence before we would call for militia from the middle or upper country. No further intelligence came until the 2d inst. when the former was confirmed, it was ascertained that they were enemies & had advanced up James river in Warrasqueak bay. All arrangements were immediately taken for calling in a sufficient body of Militia for opposition. In the night of the 3d we received advice that they were at anchor opposite Jamestown. We then supposed Wmsburg to be their object. The wind however, which had hitherto been unfavorable, shifted fair, and the tide being also in their favor they ascended the river to Kennons’ that evening, and with the next tide came up to Westover, having on their way taken possession of some works we had at Hoods, by which two or three of their vessels had received some damage but which were of necessity abandoned by the small garrison of 50 men placed there on the enemy’s landing to invest the works. Intelligence of their having quitted the station at Jamestown from which we supposed they meant to land for Wmsburg and that they had got in the evening to Kennons’ reached us the next morning at 5 o’clock, & was the first indication of their meaning to penetrate towards this place or Petersburg. As the orders for drawing Militia hither had been given but two days no opposition was in readiness. Every Effort was therefore necessary to withdraw the arms & other Military Stores records &c. from this place. Every Effort was accordingly exerted to convey them to the Foundry five miles & to the laboratory six miles above this place till about sunset of that day when we learnt that the enemy had come to an anchor at Westover that morning. We then knew that this & not Petersburg was their object & began to carry across the river everything remaining here, & to remove what had been transported to the Foundry & Laboratory to Westham the nearest crossing seven miles above this place, which operation was continued till they had approached very near. They marched from Westover at 2 o’Clock in the afternoon of the 4th, & entered Richmond at 1 o’Clock in the afternoon of the 5th. A regiment of infantry & about 30 horse continued on without halting to the Foundry. They burnt that, the boring mill, the magazine and two other houses, & proceeded to Westham, but nothing being in their power there they retired to Richmond. The next morning they burnt some buildings of public & private property, with what stores remained in them, destroyed a great quantity of private Stores & about 12 o’Clock retired towards Westover where they encamped within the neck the next day. The loss sustained is not yet accurately known. As far as I have been able to discover it consisted at this place in about 300 muskets, some soldiers clothing to a small amount some quartermasters Stores of which 120 sides of leather is the principal article, part of the artificers tools & 3 waggons. Besides which 5 brass 4 P.ers which we had sunk in the river were discovered to them raised & carried off. At the Foundry we lost the greater part of the papers belonging to the Auditors office, & of the books & papers of the Council office, about 5 or 6 tons as we conjecture of powder was thrown into the canal of which there will be a considerable saving by remanufacturing it. The roof of the foundry was burnt but the Stacks of Chimney’s & furnaces not at all injured. The boring mill was consumed. Within less than 48 hours from the time of their landing & 19 from our knowing their destination they had penetrated 33 miles, done the whole injury & retired. Their numbers from the best intelligence I have had are about 1500 infantry & as to their cavalry accounts vary from 50 to 120, the whole commanded by the parricide Arnold. Our Militia dispersed over a large tract of Country can be called in but slowly. On the day the enemy advanced to this place 200 only were embodied. They were of this town & its neighbourhood and were too few to do anything. At this time they are assembled in pretty considerable numbers on the South side of James river but are not all yet brought to a point. On the north side are two or three small bodies, amounting in the whole to about 900 men. The enemy were at 4 o’Clock yesterday evening still remaining in their encampment at Westover & Berkeley neck. In the meanwhile Baron Steuben a zealous friend has descended from the dignity of his proper command to direct our smallest movements. His vigilance has in a great measure supplied the want of force in preventing the enemy from crossing the river, which might have been very fatal. He has been assiduously employed in preparing equipments for the Militia as they should assemble pointing them to a proper object & other offices of a good commander. Should they loiter a little longer & he be able to have a sufficient force I shall flatter myself that they will not escape with total impunity. To what place they will point their next exertions we cannot even conjecture. The whole Country on the tide waters & some distance from them is equally open to similar insult. I have the honor to be with every sentiment of respect, your Excellency’s most obedient, and most humble servant. TO COLONEL JOHN NICHOLASv. s. a. January 10.—1781. Sir, —I am not fond of encouraging an intercourse with the enemy for the recovery of property; however I shall not forbid it while conducted on principles which are fair and general. If the British Commander chuses to discriminate between the several species of property taken from the People; if he chuses to say he will restore all of one kind, and retain all of another, I am contented that individuals shall avail themselves of this discrimination; but no distinctions of persons must be admitted. The moment it is proposed that the same species of property shall be restored to one which is refused to another, let every application to him for restitution be prohibited. The principles by which his discrimination would be governed are but too obvious, and they are the reverse of what we should approve. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richmond. Jany 12—1781. The Enemy left a number of Horses at Westover which they had taken during the late incursion. Colo Nicholas very properly ordered a party to take charge of them and bring them to the Quarter Master where they might be kept for the owners to come and claim them; but I am well informed that in the meantime several men of Capt Hockaday’s command of Charles City have plundered & carried them off. These men being under your command I beg you to take the most coercive measures for compelling a restitution and letting them know that the most rigorous and exemplary punishment will be inflicted on every man who shall be known to have one of them and not to deliver him up. Such as are recovered be so good as to have brought up. The mischief done us by our citizens plundering one another has far exceeded what the enemy did. TO MAJOR-GENERAL BARON STEUBENv. s. a. Richmond. Jany 13—1781. Sir,—I received your favor of the 11th by Mr. Smith I cannot say at what point of time the expenses attending an invasion become Continental. I suppose Congress have some fixed rule on that subject, which, whatever it be when applied to all the States, will be equal. From the time at which they called for specie quotas of Provisions from the several States, they seem to have considered their purchasing Commissaries as useless, and therefore desired us, whenever we should have appointed a person to furnish the specifics, we would discontinue their purchasing Commissaries. We appointed Mr. Brown to procure the specifics, which he is either to deliver to certain store keepers appointed by the Continental Quarter Masters or to the Continental issuing Commissaries. I think therefore Mr. Brown may continue to act with you with propriety and I hope he will with effect. We did not discontinue Continental Deputy Commissary of purchases here (Maj Forsyth) but his acceptance of a similar office in another quarter seems to have determined his former commission. I have heard nothing from the enemy since their reaching Sandy Point, this leaves me very anxious for our shipyard up the Chickahominy. I have lately received some dispatches which render it necessary for Colo Clarke to proceed immediately to the western Country. I have written to him on this subject, and hope he will obtain your permission to return. I did not expect at the time he went to you that his stay would have been rendered so short. If this incursion of the Enemy should much longer postpone the execution of the late Law for raising new levies, it will be among its worst effects. Yet this law cannot be carried into execution in those Counties from which militia are sent. Foreseeing this, when you had favored us with your advice as to the numbers which should be called into the field we confined the call to the following Counties, and requiring from each a fourth we expected the following numbers
The whole amount is something larger than you desired but we of course expected deficiencies. Some of the adjacent counties were called on at first for one half, and afterwards the whole of their militia for present defence. In like manner Genl Nelson was authorized to call on certain other Counties for present defence; but it was meant that as soon as the proportions above mentioned from the counties particularly named were come in, all others should be dismissed. I state this matter to you supposing you will think with me that the sooner you can begin the business of arranging your force on the plan originally intended, the better it will be. As soon as the whole Militia of the Counties, not meant to be kept in the field, can be discharged we will send the act into those counties and have it carried into execution. TO THE PRESIDENT OF CONGRESS (SAMUEL HUNTINGTON)j. mss. Richmond Jany 15th, 1781. Sir, —I received some time ago from Major Forsythe, and afterwards from you a requisition to furnish one half of the supplies of provision for the Convention troops removed into Maryland. I should sooner have done myself the honor of writing to you on this subject but that I hoped to have had it laid before you more fully than could be done in writing by a Gentleman who was to have passed on other public business to Philadelphia. The late events in this State having retarded his setting out, I think it my duty no longer to postpone explanation on this head. You cannot be unapprised of the powerful armies of our enemies at this time in this and the southern States, and that their future plan is to push their successes in the same quarter by still larger reinforcements. The forces to be opposed to these must be proportionably great, and these forces must be fed. By whom are they to be fed? Georgia and South Carolina are annihilated, at least as to us. By the requisition to us to send provisions into Maryland it is to be supposed that none are to come to the southern Army from any State north of this; for it would seem inconsistent, that while we should be sending north, Maryland and other States beyond that should be sending their provisions South. Upon North Carolina then already exhausted by the ravages of two armies, and on this State are to depend for subsistence those bodies of men who are to oppose the greater part of the enemys force in the United States, the subsistence of the German and of half the British conventioners. To take a view of this matter on the Continental requisitions of November 4th, 1780, for specific quotas of provision it is observable that North Carolina and Virginia are to furnish 10,475,740 ps of animal food, and 13,529 barrels of flour, while the states north of these will yield 25,293,810 ps of animal food, and 106,471 barrels of flour. If the greater part of the British armies be employed in the South, it is to be supposed that the greater part of the American force will be sent there to oppose them. But should this be the case, while the distribution of the provisions is so very unequal, would it be proper to render it still more so by withdrawing a part of our contributions to the support of Posts Northward of us? It would certainly be a great convenience to us to deliver a portion of our Specifics at Frederick Town rather than in Carolina; but I leave it to you to judge whether this would be consistent with the general good or safety. Instead of sending aids of any kind to the northward, it seems but too certain that unless very timely & substantial assistance is received from thence, our enemies are yet far short of the ultimate term of their successes. I beg leave therefore to refer to you whether the specifics of Maryland as far as shall be necessary had not better be applied to the support of the Posts within it, for which its quota is much more than sufficient, or were it otherwise whether those of the States north of Maryland had not better be called on, than to detract anything from the resources of the Southern Opposition already much too small for the encounter to which it is left. I am far from wishing to count or measure our contributions by the requisitions of Congress. Were they ever so much beyond these, I should readily strain them in aid of any one of our Sister States. But while they are so far short of those calls to which they must be pointed in the first instance, it would be great misapplication to divert them to any other purpose; and I am persuaded you will think me perfectly within the line of duty when I ask a revisal of this requisition. TO THE GOVERNOR OF MARYLAND1 (THOMAS SIM LEE)v. s. a. Richmond. January the 15th, 1781 Sir, —I received some time ago from Mr. Forsyth and afterwards from the Board of War a requisition to furnish one half the supplies of Provisions for the convention Troops removed into Your state. I should sooner have done myself the honor of writing to Your Excellency on this subject but that I hoped to have had it laid before you more fully than could be done in writing by a Gentleman who was to have passed on other public business by the way of Annapolis. The late events in this State having retarded his setting out I think it my duty no longer to postpone explanation on this head.2 * * * I am persuaded your Excellency will think me perfectly within the line of duty when I ask a revisal of this requisition which shall be paid in Tobacco at 20/p hundred or its worth in paper money. If Gentlemen who have timber on James River above the Falls chuse rather to employ their sawyers under their own eye, and will cut and send to Westham or the fork of the River as they shall be advised Quantities of Plank fit for building it will answer the public purpose as well as if they sent their sawyers to us. In this case they must fix the quantity and time within which it shall be delivered, the worth of this shall be fixed on the principles before explained. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richmond. Jany 15th 1781 Dear Genl. —I have never heard a tittle of the Enemy since your information that they were at Sandy Point the day after they left Westover; nor is anything known at this place as to their subsequent movements. As this want of intelligence might eventually be fatal, I have ordered an Express to be stationed at Bottom’s Bridge, another at New Kent Court House, a third at Bird’s tavern, a fourth at Williamsburg, a fifth half way between that and Hampton, and a sixth at Hampton. It will be easy for Mr. Kemp to throw letters from you wherever situated into this line and as each Rider will have but 15 miles out and the same back, they may if necessary be put into motion every day. By the same means you may have communication with Hampton. Your business may probably put it out of your power to write so often, but hope that some of the gentlemen about you may be able to give us intelligence every day or two. TO JACOB WRAYv. s. a. Richmond Jany 15th, 1781. For want of intelligence may be ascribed a great part of, if not the whole of the Enemy’s late successful incursions to this place. They appeared in the Bay on Saturday, no notification of it addressed to the Executive came to hand till 10 o’clock a.m. on tuesday. There did indeed on sunday morning come to my hands a letter which you were so kind to write to Genl. Nelson informing him that 27 sail had been seen in the Bay and that Commo Barron had gone to reconnoitre them more closely. But as it was not known whether they were Friends or foes, and we hoped more particular intelligence on the return of Commo Barron, none but the lower militia were called out, till the Tuesday following, by which two days were compleatly lost: which would have added so much to the collection of militia in this quarter as to have rendered doubtful at least whether the enemy could have got here. I mention these circumstances to show you the necessity of our being better furnished with intelligence of the Enemy’s movements, and to apologize for my troubling you with the task of communicating everything interesting through the line of expresses stationed at every 15 miles from hence to Hampton. One is to be fixed by Mr. Kemp at Hampton will set out on yours or Commo Barron’s orders and deliver his dispatches to the next who is ordered to be stationed half way between Hampton & Williamsburg: the particular place I cannot inform you, but the express may do it. I hope you will be so good as to undertake this trouble and to continue it so long as it may be necessary to keep up the line. TO BRIGADIER-GENERAL THOMAS NELSON.v. s. a. Richmond. January 15—1781. Dear General, —As I suppose by this time you may have more men than Arms, and there are no more arms fit for use remaining in the public Stock, economy will require that the surplus militia be discharged. This measure is the more necessary as the law for raising new levies remains unexecuted while the militia are from the counties. I shall therefore take the liberty of pointing out to you, as I have done to Baron Steuben, what particular militia should be first discharged. On confirmation of the intelligence that a hostile fleet had arrived we asked the advice of Baron Steuben as to the numbers which should be brought into the field: He advised 4000: we therefore called on the following Counties for one fourth of their militia, which we expected would produce the numbers as annexed to them, viz
The amount (4650) was greater than the Baron’s requisition because we of course expected deficiencies. The above were intended to be kept in the field for some time; but some of these Counties were distant, we called on those in the neighborhood of this place at first for one half and afterwards for all their fighting men for present defence, meaning that as soon as those before enumerated should be in the field, those called for present defence should be discharged. In like manner you are authorized for the purpose of hasty opposition to call out certain counties, which it was likewise our idea to discharge on receiving the force which was to remain. Whenever, therefore, all your arms shall be taken up, should more militia come in we would chuse that you discharge so many of those Counties not originally called on, or of those which tho’ originally called on have yet more than one fourth in the field. By these means we shall in time have in the field the militia of those particular Counties only which were first called on, and the other Counties being all at home we may proceed to send to them the law for raising levies in order to its execution. TO THE VIRGINIA DELEGATES IN CONGRESSv. s. a. Richmond Jany. 15, 1781. Gentlemen, —I called on Mr. Anderson the writer of the letter to Capt Trot which you were pleased to enclose to me and desired he would explain the foundation on which he had written that letter. His explanation I now enclose you from which you will be able to collect only thus much that his application on behalf of Mr. Trot was utterly rejected and nothing said which could authorize him to suppose we should wink at his loading his vessel with Corn. He has trimmed up an answer for me of I only wish to be acquitted till I can be understood. I must at the same time acknowledge to you with candor that considering the neutral light in which Congress have placed the Bermudians and the extreme want of salt here, we have at various times permitted them to bring in Salt and exchange it with Government at the rate of one Bushel of salt for two at first and afterwards three of corn: and sometimes for Tobacco. We have been rigorous in allowing no more to be carried out than was procured by exchange in this way. You cannot be made more sensible of the necessity which forces us to this Barter, than by being assured that no further back than the Counties adjoining the Blue-ridge Salt has sold lately for from 4 to 500£ the bushel. TO MAJOR-GENERAL NATHANAEL GREENEv.s.a. Richmond. Jan’y 16—1781. Sir, —Your favors of the 14th and 31st December remain unanswered. I have been less attentive to the communication of our progress in preparing for the Southern War as Baron Steuben who knows all our movements gives you no doubt full information from time to time. The present invasion of this State you have been before apprised of by the Baron. The very extraordinary and successful attempt of the Enemy on this place you will also have heard of. The enclosed paper containing a pretty exact narrative of it I take the liberty of transmitting to you. The Enemy, on the Baron’s approaching towards Hood’s, hoisted sail and with the assistance of a very fine gale which sprung up in the instant, they fell down the River in a very short time. When they came we were in a very fine way of providing both subsistence and men; they have amazingly interrupted both operations: the latter indeed has been totally suspended. I have just written to Baron Steuben so to arrange his force of militia, as by permitting those from the greater number of Counties to return home, to put into our power to have the law for raising Regulars carried into execution. This his anxiety for a regular force will lead him to do with all practicable expedition. Your Bill in favor of Mr. St. Laurence is accepted, and will be paid as soon as the several Boards resume Business. When the departure of the Enemy, or indications of their fixed plans as to this country shall have enabled me to judge how far they will interrupt our succours to you, I will take the earliest Opportunity of stating to you under every Head of your requisitions from us what we shall have a prospect of doing. TO THE GOVERNOR OF NORTH CAROLINA (ABNER NASH)v. s. a. Richmond. Jany 16—1781. Sir, —I am honored with your Excellency’s favor of the 3d inst and am to thank you for your permission & countenance to our Pork purchases. The late invasion of this State by the Enemy should not have been so long uncommunicated to you by me, but that the very extraordinary movement they made was such in its nature as to allow little time to those concerned in Government to think of anything but the providing means of opposition and in the mean time with drawing everything from their power. From a fatal inattention to the giving us due notice of the arrival of a hostile force two days were completely lost in calling together the militia: a time which events proved would have added so much of our collection of militia as to have rendered doubtful their getting from this place. The winds favouring them in a remarkable degree they almost brought news themselves of their movements. They were landed within twenty six miles of this place before we had reason to suspect they would aim at it. The little interval of twenty three hours between that and their actual [arrival] here was assiduously and successfully employed in withdrawing the public stores from hence and from Westham seven miles above this. This was so far done that our loss did not exceed 300 muskets, about 5 Tons of Powder, some sulphur, 5 field pieces, four pounders and some inferior articles of no great account. The letters and records of the Executive were the greater part lost. They retired hastily to their shipping after 23 hours possession of the place. The interruption which they have given to raising men and providing subsistance is likely to be very injurious. We are endeavoring to get over this difficulty also as well as we can. Should any movements take place interesting to Your State I shall communicate them to Your Excellency as soon as known to me, the communication will be circuitous. Perhaps should they take Post at Portsmouth, you might think it expedient to establish a line of Expresses to the neighbourhood of that place. TO THE PRESIDENT OF CONGRESSj. mss. Richmond Jany 17, 1781. Sir, —I do myself the honor of transmitting to your Excellency a resolution of the General Assembly of this Commonwealth entered into in consequence of the resolution of Congress of September 6th, 1780, on the subject of the Confederation.1 I shall be rendered very happy if the other States of the Union equally impressed with the necessity of that important convention, shall be willing to sacrifice equally to its completion. This single event could it take place shortly would overweigh every success which the enemy have hitherto obtained, & render desperate the hopes to which those successes have given birth. TO THE VIRGINIA DELEGATES IN CONGRESSj. mss. Richmond Jany 18th, 1781. Gentlemen, —I enclose you a resolution of Assembly directing your conduct as to the navigation of the Mississippi.2 The loss of power lately susstained by us (about 5 tons) together with the quantities sent on to the Southward have reduced our stock very low indeed. We lent to Congress in the course of the last year (previous to our issues for the Southern Army) about ten tons of power. I shall be obliged to you to procure an order from the board of war for any quantity from five to ten tons, to be sent us immediately from Philadelphia or Baltimore, and to enquire into and hasten from time to time, the execution of it. The stock of Cartridge paper is nearly exhausted. I do not know whether Capt. Irish, or what other officer should apply for this. It is essential that a good stock should be forwarded and without a moments delay. If there be a rock on which we are to split, it is the want of Muskets, Bayonets & cartouch-boxes. The occurrences since my last to the President are not of any magnitude. Three little rencounters have happened with the enemy. In the first General Smallwood led on a party of two or three hundred Militia & obliged some armed Vessels of the enemy to retire from a prize they had taken at Broadway’s and renewing his attack the next day with a 4 lber or two (for on the first day he had only muskets) he obliged some of their Vessels to fall down from City Point to their main fleet at Westover. The enemy’s loss is not known; ours was four men wounded. One of the evenings during their encampment at Westover & Berkeley, their light Horse surprised a party of about 100 or 150 Militia at Charles City Court House, killed & wounded four, & took as has been generally said about seven or eight. On Baron Steuben’s approach towards Hood’s they embarked at Westover; the wind which till then had set directly up the river from the time of their leaving Jamestown, shifted in the moment to the Opposite point. Baron Steuben had not reached Hood’s by eight or ten miles when they arrived there. They landed their whole army in the night, Arnold attending in person. Colo. Clarke (of Kaskaskias) had been sent on with 240 men by Baron Steuben, & having properly disposed of them in ambuscade gave them a deliberate fire, which killed 17 on the spot & wounded 13. They returned it in confusion, by which we had 3 or 4 wounded, and our party being so small & without Bayonets, were obliged to retire on the enemy’s charging with Bayonets. They fell down to Cobham, from whence they carried all the Tobacco there (about 60 Hogsheads) and the last intelligence was that on the 16th they were standing for Newportsnews. Baron Steuben is of Opinion they are proceeding to fix a post in some of the lower counties. Later information has given no reason to believe their force more considerable than we at first supposed. I think since the arrival of the three transports which had been separated in a storm, they may be considered as about 2000 strong. Their naval force according to the best intelligence is the Charon of 44 guns, Commodore Symmonds; the Amphitrite, Iris, Thames, & Charlestown Frigates, the Fowey of 20 guns, 2 sloops of war, a Privateer ship & 2 brigs. We have about 3700 Militia embodied, but at present they are divided into three distant encampments. One under General Weeden at Fredericksburg for the protection of the important works there; another under Genl. Nelson at & near Williamsburg; & a third under Baron Steuben at Cabbin Point. As soon as the enemy fix themselves these will be brought to a point. CIRCULAR-LETTER TO THE COUNTY LIEUTENANTSv. s. a. In Council. January 19th, 1781. Sir, —The invasion of our Country by the enemy at the close of the last Session of Assembly their pushing immediately to this place the Dispersion of the Public Papers which for the purpose of saving them necessarily took place and the injury done at the printing office have been so many causes operating unfortunately to the delay of transmitting you the Acts of Assembly which required immediate execution. The principal of these, the Law for recruiting the Army, having been framed on the Idea that the Militia of the several Counties would be quiet at Home has been peculiarly retarded by the necessity we were under of calling Militia from almost every County. We have seized the earliest moment possible of discharging those of as many Counties as could be, in order that this important Law may be put into a course of execution. It is now enclosed to You. Your duty till the new levies shall be ready to march from the County being precisely pointed out by the Act, I shall take up the subject from that point only. New London, Staunton, Winchester, Fredericksburg and Chesterfield Courthouse are appointed for the rendezvous of the levies. You are at liberty to send them to any of these places, but as they are ultimately to proceed to Chesterfield Courthouse, I would recommend to you to consider this in your choice of rendezvous. At each of these places an officer will attend from the tenth Day of March next for the Purpose of receiving them. You will send them under the charge of an officer who being enabled by the Act itself to provide means of Transportation is hereby authorized to apply for subsistence to any Commissary Commissioner or other Person, Principal or Subordinate having Public Provisions in their Possession and on Failure to obtain a sufficiency in that way he is to impress it, giving certificates to the Persons from whom he shall impress it, and returning to the Auditors a List of such Certificates specifying the Party’s name, Article, Price and Date. Let this Officer be furnished with a proper Certificate from you that he is appointed to this Duty which he is to send to the Auditor’s with his list that they may be satisfied with his authority. I enclose you two blank Calenders in which you will insert the names and descriptions of your levies delivered to the Officer who will be appointed by us to receive them as directed by the Act of Assembly: the one of these he will sign and leave as a Voucher to You, the other should be signed by yourself or the Officer delivering the men for you and left in the hands of the receiving officer. On the close of your Draught I must desire a return of your Militia and as the Law obliges the Captains to make exact returns to you at every General muster, I am to require that from these you make always an exact return to the Executive, that we may have a constant knowledge of the actual strength of your Militia. Notwithstanding the requisition I made you six months ago for a return of your Militia you have not been pleased to comply with it, an Inattention which cannot be justified on any principle of military Subordination and which cannot again pass unnoticed. A very dangerous practice having been introduced by the enemy of laying under Paroles the whole country through which they are at any Time able to March and thereby attempting to disarm its future opposition, has rendered it necessary for Government to take up and reprobate the Idea that any citizen may thus cancel his Duties to his Country. I enclose you a number of proclamations on this subject, and desire that you will put one into the Hand of every Captain in your County with orders to read it at the Head of his Company at every private muster during the present Year. Such is the present aspect of the enemy towards this Country that no Foresight can predict the moment at which your Militia will be called into active Duty. Let me exhort you therefore and through you your Officers and men to consider that moment as if now come that every man who has or can procure a Gun have it instantly put into the best order a Bayonet fitted to it, a Bayonet belt, Cartouche Box, Canteen with its strap, Tomahawk, Blanket and knapsack. Some of these articles are necessary for his own safety and some for his Health & Comfort. The constant exhausture of the Public Stock of these Articles by calls from all Quarters renders it vain for the Militia to expect to be supplied from thence when they come into the Field, and nothing is so easy as for every man to have them prepared while quiet and at Home. The cartouche box with a leather Flap, a wooden canteen with its strap and a knapsack of thick linen (the better if plaid) are what may be had in any man’s family and there are few neighborhoods which do not afford artificers equal to the repair of a Firelock and furnishing it with a Bayonet. Let me then again to entreat you, Sir, not only to give out in General Orders to Your Captains that these preparations be instantly made but see yourself as far as possible that your orders be carried into execution. The soldiers themselves will thank you when separated from Domestic Accommodation they find through your attention to their happiness provided with conveniences which will administer to their first wants. When you order them into service it will be proper that you order them to bring these things with them. Consider also the sending a waggon with every seventy five men as a standing rule and that the Officer who attends to lay in Provisions for the men on the road always return to the Auditors a list of the certificates he gives stating the name, Article Price and Date in separate columns. These are circumstances always necessary and as in the first hurry of an Invasion when it is necessary to write an infinity of Letters and give a multiplicity of orders, it is not practicable then to enter into these details, I wish now to lay them down to you as standing rules which may save the necessity of repeating them in future on every special occasion. I must request you to make diligent enquiry and search your county for any Public Arms or Accoutrements in the Hands of Individuals to collect them together and make report of them to me. PROCLAMATION CONCERNING PAROLES1By His Excellency, Thomas Jefferson, Esqr., Governor of the Commonwealth of Virginia A Proclamation Whereas during the incursions which have been made into this and other of the United States, by the forces of his Britannic Majesty, a practice hath been introduced by them, unauthorized by the law of Nations, and attempted in any age, or by any other enemy, of seizing peaceable citizens while in their beds or employed in domestic occupations, and extorting from them paroles that they will not, on pain of life and fortune, be aiding or assisting in any respect to the enemies of Great Britain; which paroles such citizens have given sometimes through ignorance and other times with wicked design, while they enjoy all the benefits of Government to shift from themselves their just share of its burthens, and it is even believed that instances have not been wanting where they have voluntarily gone in to the Enemy and tendered such paroles; and the Laws of this Commonwealth not permitting any Citizen thereof taken under such circumstances, or otherwise than when in arms by order, of a proper officer, to enter into engagements with the public enemy which may withdraw from his country those duties he owes to it. To the end, therefore, that none may be induced to the like act hereafter, through ignorance of the Law either real or pretended, apprised of their nullity at the time of giving or taking such paroles or engagements, I have thought fit, with the advice of the Council of State, to issue this my Proclamation, hereby declaring and making known, That Citizens taken or yielding themselves in the manner before described are incapable by law of contracting engagements which may cancel or supercede the duties they owe to their Country while remaining in it, and that notwithstanding such paroles or engagements, they will be held to the performance of every service required by the laws in like manner as if no such parole or engagement had been entered into. And whereas some Citizens who have already entered into such engagements, may expect to withhold their duties under pretence of being bound in conscience, notwithstanding their legal disabilities to contract them, and it is inconsistent with the spirit of our Laws and Constitution to force tender consciences; I do, therefore farther publish and declare, That all Citizens taken or yielding themselves in the manner before described, who conceive themselves under such conscientious obligation to refuse obedience to the Laws of their Country, are hereby authorized and required, taking passports as hereafter provided, forthwith to repair to some of the posts, encampments or vessels of the forces of his Brittannic Majesty, and by surrender of their persons, to cancel such their engagements, and thereafter to do, as to themselves and those in whose power they shall be, shall seem good, save only that they shall not rejoin this Commonwealth but in a state of perfect emancipation from its enemies, and of freedom to act as becomes good and zealous Citizens, and saving also their fidelity to the Commonwealth. And all Officers Commanding Forces either of this State or of the United States, who shall be nearest in their position to the said posts, encampments or vessels of the enemy, are hereby authorized and required, paying necessary attention to times, situations and circumstances, to grant passports to all such Citizens for the purposes beforementioned. Given under my hand, and the seal of the Commonwealth, at Richmond, this nineteenth day of January, in the year of our Lord One thousand seven hundred and eighty one, and of the Commonwealth the Fifth. CIRCULAR-LETTER TO THE COUNTY MAGISTRATESv. s. a. In Council, January 20th, 1781. Sir, —The invasion of our Country by the enemy at the close of the late session of Assembly their pushing immediately for this Place the dispersion of the Public Papers which for the purpose of saving them necessarily took Place and the Injury done at the Printing Office have been so many causes operating unfortunately to the Delay of transmitting you the important Act for which I now enclose you. In the mean Time the days of Execution so far advanced that I am persuaded they must have passed over before it can be received in many Counties, in this case the only possible Measure to be advised is to adopt the earliest days possible. Could any legal scruples arise as to this there could be no doubt that the ensuing Assembly influenced by the necessity that induced them to press the Act would give their Sanction to its Execution though at a later Date than is prescribed. However the substance of the Act is to procure supplies of Beef Clothing and waggons. The Time of doing this is a Circumstance only and the Principle is sound both in Law and Policy. Substance not Circumstance is to be regarded while we have so many Foes in our bowels and environing us on every Side. He is a bad citizen who can entertain a doubt whether the Law will justify him in saving his Country or who will scruple to risk himself in support of the spirit of a Law where unavoidable Accidents have prevented a literal compliance with it. Let me exhort you, Sirs, should this Act come to Hand so late as to prevent your proceeding to its Execution by the Time prescribed, to have it executed as early as possible. No man can say this will be an injury to him because the Times were affixed to compel an early compliance. The delay of which some Days must rather be matter Indulgence. Persons will be appointed to receive the waggons & appendages to be furnished by your County who shall give you notice of the Place of Delivery in due time. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. In Council, January 20th 1781. Dear General, —I will send to Mr. Brown the Commissary the Paragraph from your letter relative to Provisions with orders to him to take measures for relief. At the same time I wish the Principal expenditures could be in Indian meal that the Flower might be kept as much as possible for the Summer’s use. Majr Hollier has no authority to make exchange Prisoners with the enemy. The enclosed Proclamation will shew you the Principles on which we approved to wit that a citizen shall be considered as a soldier if he were taken in Arms, embodied as a soldier, and acting under the Command of his officer. You will perceive that the circumstances are necessary to distinguish from a citizen engaged in his domestic or other Occupations. Any equal exchange made on these principles and approved by yourself shall be considered as valid. PROCLAMATION CONVENING ASSEMBLY1Richmond, January 23d, 1781. By his Excellency, Thomas Jefferson, Esqr., Governor of the Commonwealth of Virginia A Proclamation Whereas it is become necessary that the General Assembly be called together before the time to which they stand adjourned: I Have therefore thought fit, with the advice of the Council of State, to issue this my proclamation, hereby appointing the first day of March next, for the meeting of the next General Assembly at which time their attendance is required at the Capitol in the Town of Richmond. Given under my hand & seal of the Commonwealth at Richmond aforesaid, this 23d Day of Jany. in ye year of our Lord 1781, & of the Commonwealth the fifth. CIRCULAR-LETTER TO MEMBERS OF THE GENERAL ASSEMBLYv. s. a. In Council, January 23d, 1781. Sir, —I am sorry after so long and laborious a session of Assembly, the Public exigencies should be such as to call for an earlier meeting of the members than was intended. A proclamation has been this Day issued for convening you on the 1st of March and tho’ that alone was necessary in point of Formality I could not deny myself the apprising you by letter of those circumstances which have rendered the measure necessary and which could not with propriety be explained in the Public Proclamation. Such is the load of Public Debt contracted by Certificates and such the preparations for the Summer to enable us to meet our enemies in the North, South, East and West, that before any considerable progress was made in paying the past and providing for the future, the whole sums allowed to be emitted were engaged. It became a matter of Certainty that in a few days we should be unable to move an express, repair an Arm or do any other the smallest thing tho the existence of the State should depend on it for want of money. It was impossible to think of hazarding the State in this condition through the months of February, March, April and probably May while we have an Enemy within our Country and others approaching it on every side. Information also from the General Officers brought us assurance that our Defence could not be rested on militia not to mention other Circumstances. Such we are assured is become their Impatience already, that they would give any consideration to raise Regulars rather than be kept in service themselves. Though the Commanding Officer has determined to reduce them to 2900. Infantry there will be considerable Difficulty in keeping that number in the Field. Men and money therefore will be the subject of Your Deliberations. I make no doubt but some legislative aid may also be rendered necessary for the executions of the Acts for recruiting men and procuring Beef, Clothing and Waggons. The absence of the militia from their Counties has thrown very great Obstacles into the way of the former and the latter was ingrafted on that as its stock. The destruction of one of the Printing Presses and the injury done the others has delayed the printing the latter Act with the other papers necessary to be sent out till it is become certain the Days of setting them into a train of execution will be passed before it will be received. The zealous Citizen unable to do his duty so soon as was prescribed will do it as soon as he can, but the unwilling will find much room for objection which the authority of the Legislature alone will be able to remove. Not apprehending that the Assembly when convened at so unusual a season will propose to do general Business, I have reason to hope that you will be detained here a very few Days only. Besides the general Dispatch which will ensure your punctual Attendance on the Day appointed let me adjure it on the ground of the Public Distress which will accumulate in the most rapid Progression should the meeting be delayed by Failure of the members to attend. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richmond January 25th, 1781. Sir, —I gave orders to Mr. Brown to send you a sufficiency of Flour to fill up any intervals which might happen between your supplies of Indian meal. We think the Stands of Arms you have directed to be purchased at Baltimore are a great Bargain if they be really good and will certainly find means of paying for them. The corn at Cumberland was Continental property having been delivered to Col. Finnie long ago. On the present invasion we had that with other Public Stores moved up to New Castle as a place of greater safety. The other stores indeed we meant to withdraw to other Places: but not the corn. However I learn that our Quarter Master has in distress for that Article been obliged to send for some of it for his Horses here, and we have lately ordered a considerable number of Public Horses too poor for service to be carried and fattened there; by which means we shall save so much of it to the Continent. We have determined to convene the Assembly on the first Day of March. The printer will enable us to send out the Laws which require immediate Execution this week. I make no doubt but by that Time you will have received either from their Counties or from Baron Steuben so many of the militia meant to be retained as will enable you to discharge the others. Indeed the Baron Steuben means to reduce the number originally intended to 2700 Infantry which will enable him to send back those of a greater number of Counties. With Respect to the Paroled Men my sentiments are these. Had I unwarily entered into an engagement of which the Laws of my Country would not permit me to fulfill I should certainly deliver myself to the enemy to cancel that engagement and free my personal Honour from Imputation. Nevertheless if any of them chuse to remain and to perform freely all legal Duties, I do not know that Government is bound to send these people in to the Enemy. It is very different from the Case of a Military Officer breaking his Parole, who ought ever to be sent in. We deny the propriety of their taking Paroles from unarmed Farmers. But as in any event the only justifiable Punishment of a Breach of Parole is Confinement, so should the enemy hang a single man for this Cause, we will instantly retaliate by hanging their Prisoners in equal number. This may be declared to the paroled men who you say are ready to take arms. Mr. Granville Smith received yesterday a warrant for £20000 for the contingent expences of your Camp, to be called out only on your order. As the money Press is not yet at work it will be some Days before he will get it. P. S. Mr. Brown just informs of your application for spirits. There is not a Hogshead belonging to the State, but very great Quantities in the hands of the Continental Commissaries. I have special Returns of upwards of twenty thousand Gallons delivered them by the Commissioners of the Provision Law and no Doubt great quantities of which there is no return. As on actual invasions all reasonable expences are Continental you are undoubtedly authorized to call on their Commissaries or should you have a doubt Baron Steuben will clear it up. A Mr. Lyon one of those Commissaries at York can certainly supply you. I would observe to you that Baron Steuben informed me in Conversation that Spirit would be allowed as a part of the Daily ration but only on particular occasions. TO THE VIRGINIA DELEGATES IN CONGRESSRichmond. January 26th, 1781. Gentlemen, —I shall now beg leave to answer your Letter of the first inst which enclosed a Paper from Baron de Arendt. Mr. William Lee was some Time ago invested with a special Agency from this State having received however no instructions from him of his having engaged any other Person to transact any Part of it, we are uninformed as to his Stipulations with the Baron de Arendt. If he has left the particular one for twenty five Louis unfilled we think ourselves bound to discharge which we will do in such Sum of paper money as may purchase that quantity of hard money in Philadelphia for there being no hard money here there is no fixed exchange. If you will therefore settle the Sum with him we will make the Remittance either in Money or by answering a Bill or otherwise as shall be most practicable. After a variety of Trials to effect the Cloathing of our Troops and procuring of military Stores and failing in them all a particular Institution has been adopted here for those Purposes. Into this Channel all our means must be turned to enable it to be effectual. Our situation is too well known to suppose we have anything to spare. It is therefore not in our power to enter into the commerce with Prussia proposed by the Baron de Arendt however desirous we are of opening a Communication with that respectable State and willing under every other Circumstance to effect it by great Sacrifices were Sacrifices necessary. Should the subjects of Prussia chuse to adventure on Private Trade with our Citizens every Facility and encouragement in our power will be certainly afforded. As the Speaker sets out within three or four Days for Philadelphia and can so much more fully explain to you by words the steps taken for support of our Opposition to the common enemy, I shall decline answering that Paragraph of your Letter and beg leave to refer you to him. TO BENJAMIN HARRISON1v. s. a. Richmond. January 29th, 1781. Sir, —Several matters of Public Importance resting on the Hands of the Executive to be transacted to the Northward we beg leave to avail ourselves of your Journey thither to get them settled being satisfied they may be much better done on your verbal representations than by anything that may go in writing from us. The trade has been carried on to a very small extent between this State and the Bermuda Islands. This was begun under a resolution of Congress permitting the exportation of a certain Quantity of Corn from this State to Bermuda. We required the Bermudians to come for it and to bring a bushel of Salt in exchange for every two of corn. Our distress for Salt increasing we continued the License and in the last Summer gave three Bushels of Corn for one of Salt. Some Tobacco also was allowed in exchange but few vessels (I think not more than half a dozen) have come on that business. Whether the number may increase or not I cannot say, but I think the Trade necessary and could wish its continuance without Umbrage to Congress or the French minister. A Trade with vessels reporting themselves as from neutral Ports but in truth as we believe from Ireland has also been winked at. This is more exceptional on the part of the States and their allies and less advantageous to us. We have indeed received occassional supplies of Cloathing from them, but we might have bought on nearly as good terms in America, and thereby avoided risking the mischiefs which may attend the Permission of Irish Importations. Should our Commercial Agent be successful in his endeavours to supply our future Public wants, this powerful reason for tolerating the Trade will be removed. There will then remain no other Inducement to it, but as it will increase the quantity of goods imported into the State, but whether the Advantage be great or small we will willingly place this Commerce on whatever Footing shall be thought requisite for the Good of the States & their Allies. The removal of the Convention Troops was determined on by the Executive on the invasion of this State which took Place in the last Fall and was effected as to the British Division about 800 in number. The Germans 1400 in number being thought less dangerous were permitted to remain till Accommodations could be provided for them in Maryland. Congress having afterwards directed that they should not be removed and our Assembly that they should, the Executive are placed in a very disagreeable situation, we can order them to the banks of the Potomac, but our Authority will not land them on the opposite shore. Besides prohibiting the removal of those remaining here they have required us to furnish half the Provisions for those gone to Maryland. I beg leave to refer you to my letters to the Board of War and to Governor Lee on this subject a copy of which is furnished you from whence you will see the grounds on which I have remonstrated against this latter Requisition and on which I should have remonstrated against the former also but that I wish to avail myself of your more forcible representation in Person. A Mr. Patoun of Baltimore sent us some Cartridge Boxes, they were brought in a vessel of Mr. Braxton’s to Annapolis, where the vessel being sold they were left and I have heard of nothing of them since. I must beg the Favour of you to get them brought on if possible. Any supply of the same Article as also of Cartridge Paper and Flints which the Board of war can send on are essentially wanting. Peret & Co of France sent us a quantity of Stores in a vessel called Le Comite she was taken on her passage retaken and carried into Rhode Island where on Condemnation the one half of our Part of her cargo has been decreed to us. I take the Liberty of putting into your Hands the Papers on this Subject. Our Delegates have been endeavouring to have them brought on hitherto without effect. The Salt indeed had better be sold there but the Arms, Clothing and other Articles are so much wanting that we should be so much obliged to you to adopt an effectual mode of having them brought hither by hiring a trusty Agent to go and bring them in waggons attending them himself, or in any other way you find most practicable and expedient. Congress being considerably indebted to us in the Article of Powder I lately wrote to desire from five to ten tons to be sent to this Place, it is essentially necessary that we send four Tons more to Fort Pitt and that it be there by the 1st Day of March, the Statement with which you are furnished by our Advances of Powder to the Continent will inform you how far we have a right to make this call. I must trouble you to procure from them at Baltimore if possible and if not then at Philadelphia the four Tons before mentioned and to send them under a trusty Person in waggons to Fort Pitt to be delivered to the order of Colo. Clarke or other Person acting under them the Residue or as much of it as can be got should be brought here at Continental Expence. TO —1j. mss. Richmond Jan. 31, 1781. Sir, —Acquainted as you are with the treasons of Arnold, I need say nothing for your information, or to give you a proper sentiment of them. You will readily suppose that it is above all things desirable to drag him from those under whose wing he is now sheltered. On his march to and from this place I am certain it might have been done with facility by men of enterprise & firmness. I think it may still be done though perhaps not quite so easily. Having peculiar confidence in the men from the Western side of the Mountains, I meant as soon as they should come down to get the enterprise proposed to a chosen number of them, such whose courage & whose fidelity would be above all doubt. Your perfect knowledge of those men personally, and my confidence in your discretion, induce me to ask you to pick from among them proper characters, in such number as you think best, to reveal to them our desire, & engage them to undertake to seize and bring off this greatest of all traitors. Whether this may be best effected by their going in as friends & awaiting their opportunity, or otherwise is left to themselves. The smaller the number the better; so that they be sufficient to manage him. Every necessary caution must be used on their part, to prevent a discovery of their design by the enemy, as should they be taken, the laws of war will justify against them the most rigorous sentence. I will undertake if they are successful in bringing him off alive, that they shall receive five thousand guineas reward among them. And to men formed for such an enterprise it must be a great incitement to know that their names will be recorded with glory in history with those of Vanwert, Paulding & Williams. The enclosed order from Baron Steuben will authorize you to call for & dispose of any force you may think necessary, to place in readiness for covering the enterprise & securing the retreat of the party. Mr. Newton the bearer of this, & to whom its contents are communicated in confidence, will provide men of trust to go as guides. These may be associated in the enterprise or not, as you please; but let that point be previously settled that no difficulties may arise as to the parties entitled to participate of the reward. You know how necessary profound secrecy is in this business, even if it be not undertaken. TO THE GOVERNOR OF MARYLAND (THOMAS SIM LEE)v. s. a. Richmd. Febry. 1st, 1781 Sir, —I am much obliged by your Excellency’s favour of Januy 5th. Joseph Shoemaker is a citizen of this State and been a active mischievous traitor. The dangers of escape on the road from Baltimore to this place, and from this place, where since our removal from Wmsburg no public jail has been yet erected, are so great as to induce me to suggest to your Excellency the trial and punishment under your laws, should he have committed any depredation within your State which they would punish capitally; and in this case I will on intimation from your Excellency furnish you with proofs of his citizenship authenticated in any way in which your Laws shall require. Should he not be amendable to justice under your Laws, or should he be acquitted on trial, I will on information thereof take immediate measures for having him received, & brought hither. I have been honoured with a letter from the Honourable Mr Jenifer, President of your Senate and Mr Bruff, Speaker of the house of Delegates proposing that we should invite our allies the French to take a post within our State convenient for the defence of Chesapeake Bay and desiring a communication on the subject with your Excellency. The difficulties on this head will certainly not arise with us. Should our allies not have a certainty of obtaining and keeping a superiority of naval power in the American Seas, they will probably think any post on the navigable waters of the Chesapeake liable to loss. As a discussion of this matter with the French minister required full information to him of the various posts and grounds which they might think fitted for defence as well as for overlooking the Bay, by their conveniency to aid from the country and many other circumstances which might draw the correspondence, if on paper, to a great length I have thought it best to desire the Honble Mr Harrison speaker of our house of Delegates who set out for Philadelphia two days ago, to speak with the French minister on the subject and to give him every information which may be necessary to determine his opinion. I had during the last summer taken the liberty of solliciting from him some naval force to be stationed on our bay, and received hopes that it might be done, just when the enemy who are now within this State came into the bay. I am afraid the proof they have exhibited of the practicability of making inroads into our country when conducted with rapidity and aided by wind and waters, will rather discourage our allies from hazarding much in any situation which may be pointed out. PROCLAMATION CONCERNING FOREIGNERSv. s. a. Richmond February 5, 1781. By His Excellency Thomas Jefferson, Esqr., Govn. of the Commonwealth of Virginia A Proclamation Whereas Congress considering that it had been the wise policy of these States to extend the protection of their Laws to all those who should settle among them of whatsoever nation or religion they might be, and to admit them to a participation of the Benefits of Civil and religious freedom, and that the Benevolence of this practice, as well as its salutary effects had rendered it worthy of being continued in future times: That his Britannic Majesty in order to destroy our Freedom and Happiness, had commenced against us, a cruel and unprovoked War, and unable to engage Britons sufficient to execute his sanguinary measures, had applied for aid to Foreign Princes, who were in the habit of selling the blood of their people for money, and from them had procured and transported hither, considerable number of Foreigners; and it was conceived that such Foreigners, if apprised of the practice of these States would chuse to accept of Lands, Liberty and Safety and a Communion of good Laws and mild Government, in a country where many of their Friends and relations were already happily settled, rather than continue exposed to the toils and Dangers of a long and bloody War, waged against a people guilty of no other Crime, than that of refusing to exchange freedom for Slavery: And that they would do this the more especially, when they should reflect they had violated every Christian and moral precept by invading and attempting to destroy those who had never injured them or their Country, their only reward, if they escaped Death and Captivity, would be, a return to the Despotism of their Prince, to be by him again sold to do the drudgery of some other Enemy to the rights of Mankind: and that our enemies had thought fit, not only to invite our Troops to desert our service, but to compel our citizens falling into their hands to serve against their Country, Did resolve, that these States would receive all such foreigners who should leave the armies of his Britannic Majesty, in America and should chuse to become members of any of these States, and that they should be protected in the free Exercise of their respective religions, and be invested with the rights, privileges, and immunities of natives as Established by the Laws of these States, and moreover that they would provide for every such Person 50 Acres of un-appropriated Lands in some of these States to be held by him and his Heirs in Absolute property. I therefore have thought fit, by and with the advice of the Council of State, to issue this my Proclamation, hereby notifying more generally the said Engagement of Congress, and further promising to all such Foreigners, who shall leave the armies of his Britannic Majesty while in this State, and repair forthwith to me at this place, that they shall receive from this Commonwealth a further donation of two Cows and an exemption during the present War, and their continuance in this State, from all taxes, for the support thereof, and from all Militia and Military Service. And moreover that they shall receive a full compensation for any arms or accoutrements which they shall bring with them, and deliver to the Commanding officer at any of the Posts holden by our Forces, taking his receipt for the same. Given under my hand and the seal of the Commonwealth at Richmond, this Second day of February, in the year of our Lord 1781 & of the Commonwealth the fifth. TO BENJAMIN HARRISONv. s. a. Richmond. Febry 7th, 1781. Sir, —The enclosed papers will sufficiently explain themselves to You. They were put into my hands by Colo. Mathews together with a requisition from Congress to furnish 14,492 hard dollars to pay the debts of our prisoners in New York. Were we permitted to send produce, we could do it for less than half of what the hard dollars will cost us, & I think such articles might be selected from the within, especially when that of coal is added (which Colo Mathews assures me will be done) as would do neither good to the enemy nor injury to us. Coal sells in New York at six guines the chauldron. Colo. Mathews assures me that the enemy has never experienced the least inconvenience from a want of provisions since he has been in captivity; that indeed before the arrival of the Cork fleet they began to be apprehensive, but he thinks they have now near a twelve months provision, Taking this into consideration with the great alleviation of the maintenance of our prisoners which it would bring to us, perhaps you could negotiate a permission to us to send some of these articles to New York & Charleston. TO THE PRESIDENT OF CONGRESS1 (SAMUEL HUNTINGTON)j. mss. Richmond, Feby 8. 1781. Sir, —I have just received intelligence, which tho from a private hand, I believe is to be relied on, that a fleet of the enemy’s ships have entered Cape Fear River, that eight of them had got over the Bar & many others were laying off; that it was supposed to be a reinforcement to Ld Cornwallis under the command of Genl. Prevost. This account which had come through another channel is confirmed by a letter from Genl. Parsons at Halifax to the gentleman who forwards it to me. I thought it of sufficient importance to be communicated to your Excellency by the Stationed expresses. The fatal want of arms puts it out of our power to bring a greater force into the field than will barely suffice to restrain the adventures of the pitiful body of men they have at Portsmouth. Should any others be added to them, this country will be perfectly open to them by land as well as water. TO COLONEL THEODORIC BLANDv. s. a. Richmond, Feby 9th, 1781. Sir, —I received yesterday your letter inclosing that of Colo Dubuysson. It gives us great pain that we are not able to do what is desired by that gentleman. I shall not rest this merely on the determination of the Executive not to exchange Govr. Hamilton at all while matters on our frontier are situated as at present, a determination founded as well on the possibility of real injury he would be enabled to do as on the apprehensions which the Western Country entertain of his eager enmity against us & influence with the savages. It is well known that the whole Line of Officers belonging to Virginia and North Carolina were taken some months before the captivity of Colo Dubuysson, and stand previously entitled to exchange on the just principle of regular rotation. Exchanges out of turn have already given great disgust, not only to those who have been passed by but to the officers in general who find themselves exposed to the danger of a like insult. I leave to yourself, Sir, to judge what would be the complaints were we to consent to the exchange in question, passing over a whole army whose officers stand first entitled; these complaints would be more distressing as they would be founded in justice, and would admit no possibility of answer. The same reasons are good against parole exchange of such extent as the one proposed. I hope therefore that Colo Dubuysson will see this matter in its proper light and be satisfied that nothing but a sense of its being clearly against our duty prevents our concurrence in a measure leading so much to his relief and which is stated as eventually interesting to the family of Baron de Kalb, to whom gratitude would induce us to render every service reconcilable to that justice which is due to others. TO MAJOR-GENERAL NATHANAEL GREENEv. s. a. Richmond, Feby 10th, 1781. Sir, —I now do myself the pleasure of transmitting you information on the several heads of your requisitions. I am sorry that full compliance with them is impracticable. Every moment however brings us new proofs that we must be aided by your Northern Brethren. Perhaps they are aiding us and we may not be informed of it. I think near half the Enemy’s force are now in Virginia and the States south of that. Is half the burthen of opposition to rest on Virginia and North Carolina? I trust you concur with us in crying aloud on this head. I sincerely rejoice with you on Genl Morgan’s late important success. Besides the real loss sustained by the Enemy in the force they were moving against us, it will give us time to prepare for the residue. The prisoners taken on that occasion, I shall certainly take the liberty of handing on Northwardly thro’ this State, for the reason for doing this I beg leave to refer you to the enclosed. Dr. Brownson received £75000, equal to £1000 specie; for the balance he must wait until the Assembly meets. I hope they will determine to make up their quota of men fully. I have the pleasure to inform you that we have reason to expect during the two ensuing months, very full supplies of all necessaries for our Army from France, on a contract we had made the last Spring. I hope too that their Escort is such as not only to render their entrance secure but to promise something further. TO BRIGADIER-GENERAL GEORGE ROGERS CLARKv. s. a. In Council, Feby 13th, 1781. Sir, —Still having at heart the success of the expedition at the head of which you are placed, we have obtained leave from Baron Steuben for Colo Jo Gibson to attend you as next in command, and of course to succeed to your offices in event of your death or captivity which however disagreeable in contemplation, yet as being possible it is our duty to provide against. I have further added my most pressing request to Colo Broadhead that he permit Colo Gibson’s regiment to be added to Your force for the expedition, a request which I hope will be successful as coinciding with the spirit of Genl Washington’s recommendations. Colo Gibson is to go to Baltimore to see the powder conveyed to Fort Pitt. The articles which were to be sent from this place to Frederick County were duly forwarded a few days after you left us. I wish you laurels and health & am with respect &c. CIRCULAR-LETTER TO COUNTY LIEUTENANTSv. s. a. Richmond Feby 15th, 1781. Sir, —I have just received intelligence from Genl Greene that Lord Cornwallis, maddened by his losses at the Cowpens and George Town, has burnt his own waggons to enable himself to move with facility, and is pressing towards the Virginia line, Genl Greene being obliged to retire before him with an inferior force. The necessity of saving Genl Greene’s army and in doing that the probabilty of environing and destroying the army of the Enemy induce me to press you in the most earnest terms, in the instant of receiving this to collect one of your militia and send them forward well armed and accoutred under proper officers to repair to the orders of Genl Greene wherever he shall be. By this movement of our Enemy he has ventured his all on one stake. Our stroke is sure if the force turns out which I have ordered & without delay in such a crisis expedition decides the event of the contest. Reflecting that it depends in a great measure on your personal exertions in effecting an active junction of your men with Genl Greene whether the Southern war be terminated by the capture of the hostile army or entailed on us by permitting them to fix in our bowels, I cannot believe you will rest a moment after receiving this untill you see your men under march. They must be subsisted on their way on whatever can be furnished by any persons holding public provisions, or by impressing under the invasion law, returning to the Auditors lists of the certificates they give, and by taking provisions with them for which they shall be allowed by way of rations. This order necessarily interrupts the execution of the draught law; it would be too oppressive on those spirited men who shall now turn out, to have that law carried into execution, when they should not be on the spot to act for themselves. I would therefore advise you to postpone it until their return and I will undertake to lay it before the Assembly which is shortly to meet who I cannot doubt will approve of the suspension and allow the execution of the law at a future day. Should the approach of danger and your public spirit have already called any men from your County to the aid of General Greene they will be counted in lieu of so many of the number now ordered. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richmond Feb. 16th 1781. Sir, —I am very anxious to prepare for co-operation with our allies and for providing for their support. For ye former purpose measures are taking as agreed on this moment in a conference with Baron Steuben, for the latter we suppose Yorktown the most effectual to prepare as an assylum for their vessels. Colo. Senf comes down with instructions to point what may be done there in a short time. The Baron will send Colo. Harrison or some other artillery officer to superintend the execution of what he shall plan; and I must resort to Your influence to take such measures as may call in a sufficient number of labourers with their tools to execute the work. Whatever you do for this purpose shall be approved by us. The county alone can probably furnish many hands. Those in the neck I trust will also be forwarded. CIRCULAR LETTER TO THE COUNTY LIEUTENANTS OF BERKELEY AND FREDERICKv. s. a. Richmond. Febry 16th, 1781. Sir, —I have with exceeding distress of mind received information that the service to which the militia of the Counties of Frederick & Berkely have been called Westwardly is so disagreeable as to render it probable that call will be very imperfectly obeyed. A knowledge that an extensive combination of Indians had been formed to come on our frontier early in the Spring induced us to prevent them by striking the first stroke. The counties West of the Allegany were called on in the first place, and their numbers not sufficing it was concluded to make them up by a call on some of the Counties on this side of the Allegany. Those of Hampshire, Berkely & Frederick were deemed the most proper as being nearest to Pittsburg and farthest from the Southern war, the expedition if carried to the greatest extent would end by the last of June. Should this expedition be discontinued, the savages will be spread on our whole western frontier; in that case not a man can be brought during the whole summer from the western side of Blue ridge; and what will be the consequence of bringing the army of Ld. Cornwallis and the army of Portsmouth to be opposed by the lower Country only, I would rather the friends of their country should reflect than I foretell. We are all embarked in one bottom, the Western end of which cannot swim while the Eastern sinks. I am thoroughly satisfied that nothing can keep us up but the keeping of the Indians from our Western quarter; that this cannot be done, but by pushing the war into their country; and this cannot be attempted but with effectual aid from those counties. This reasoning is simple, and the conclusion of it melancholy. A hope is held out to us that an aid as effectual can be obtained from your County by the engaging volunteers to go instead of the militia. Trusting to this assurance and the zeal of your people which never before has failed us, I will so far throw our safety on them, as to revoke the orders for their peremptory march as militia, and depend on their sending a sufficient number of volunteers. These volunteers must proceed according to the orders given as to the militia except that some extention of time must be admitted. This I leave to your discretion. Be punctual in advising Genl. Clarke & myself from time to time of your progress and expectations. TO MAJOR-GENERAL NATHANAEL GREENEv. s. a. Richmond. Feby 17th, 1781. Sir, —In the moment of receiving your letter of the 10th I issued orders to the Counties of Washington, Montgomery, Botetout and Bedford for seven hundred and odd riflemen, and to those of Henry & Pittsylvania for four hundred and odd of their militia. Yet my trust is that neither these nor the adjacent counties have awaited orders, but they have turned out and will have joined you in greater numbers than we have directed. The reinforcement from Cheserfd Court House cannot march these ten days. I shall be glad if you will call on the neighboring County Lieutenants for any succours which you may want, and circumstances forbid to be delayed. A minute communication of events will be very necessary as we wish as far as we are able to increase the opposing force, if that already ordered shall be insufficient. This change of position has thrown us into great doubt where to collect our provisions. Two days ago I received notice of the arrival of a 64 gun ship, and two frigates of 36 each part of the French fleet at Rhode Island having yet had no communication of the views of the Commanding officer (Commodore Tilly) I cannot say to what measures this aid will lead. They are equal to the destruction of the British vessels, could they get at them, but these are drawn up into Elizabeth river into which the 64 cannot enter. P. S. Since writing the above we are told Ld. Cornwallis has advanced to the Roanoke. I am in consequence issuing orders to embody every man between this and that for whom a firelock can be procured and that they march to join you. TO GENERAL WASHINGTONw. mss. Richmond Feby 17, 1781. Sir, —By a letter from General Greene dated Guilford C. house Feby 10 we are informed that Lord Cornwallis had burnt his own waggons in order to enable himself to move with greater facility & had pressed immediately on. The prisoners taken at the Cowpens were happily saved by the accidental rise of a water course which gave so much time as to withdraw them from the reach of the enemy. Lord Cornwallis had advanced to the vicinities of the Moravian towns & was still moving on rapidly. His object was supposed to be to compel Genl Greene to an action, which under the difference of force they had would probably be ruinous to the latter. General Greene meant to retire by the way of the Boyds ferry on the Roanoke. As yet he had lost little or no stores or baggage, but they were far from being safe. In the instant of receiving this intelligence we ordered a reinforcement of militia to him from the most convenient counties in which there was a hope of finding any arms. Some great event must arise from the present situation of things which for a long time will determine the condition of southern affairs. Arnold lies close in his Quarters. Two days ago I received information of the arrival of a 64 gun ship & two frigates in our bay, being part of the fleet of our good ally at Rhode Island. Could they get at the British fleet here they are sufficient to destroy them, but these being drawn up into Eliza. river, into which the Sixty four cannot enter, I apprehend they could do nothing more than block up the river. This indeed would reduce the enemy, as we could cut off their supplies by land: but the operation being lengthy would probably be too dangerous for the auxiliary force. Not having yet had any particular information of the designs of the french commander I cannot pretend to say what measures this aid will lead to. Our proposition to the Cherokee chiefs to visit Congress for the purpose of preventing or delaying a rupture with that nation was too late. Their distresses had too much ripened their alienation from us, and the Storm had gathered to a head, when Major Martin got back. It was determined to carry the war into their country rather than await it in ours, and thus disagreeably circumstanced the issue has been successful. The militia of this State & N. Carolina penetrated into their country, burnt almost every town they had amounting to about 1000 houses in the whole, destroyed 50,000 bushels of grain killed 29 & took 17 prisoners. The latter are mostly women & children. I enclose your Excellency the particulars as reported to me. Congress will be pleased to determine on Col. Campbell’s proposition to build the fort at the confluence of the Holston and Tennessee. I have the honor to be, &c., your Excellency’s most obedient humble servant. P. S. Since writing the above I have received information which tho’ not authentic deserves attention: that Ld Cornwallis had got to Boyds ferry on the 14th. I am issuing orders in consequence to other counties to embody & march all the men they can arm. In this fatal situation without arms there will be no safety for the Convention troops but in their removal, which I shall accordingly order. The prisoners of the Cowpens were at New London (Bedford Court house) on the 14th. TO MAJOR-GENERAL HORATIO GATES (?)j. mss. Richmond Feb. 17 1781. Dear General, —The situation of affairs here & in Carolinea is such as must shortly turn up important events one way or the other. By letter from Gen. Greene dated Guilford C. house, Feb. 10 Ld. Cornwallis rendered furious by the affair at the Cowpens & surprise of George town had burnt his own waggons to enable himself to move with facility had pressed on to the vicinities of the Moravian towns & was still advancing. The prisoners taken at the Cowpens were saved by a hair’s breath accident, and Greene was retreating. His force 2000 regulars and no militia, Cornwallis’s 3000. Genl Davidson was killed in a skirmish. Arnold lies still at Portsmouth with 1500 men. A French 64 gun ship & 2 frigates of 36 each arrived in our bay three days ago. They would suffice to destroy the British shipping here (2 40. frigates & a 20) could they get at them. But these are withdrawn up the Elizabeth river which the 64 cannot enter. We have ordered about 700 riflemen from Washington Montgomery & Bedford, and 500 common militia from Pittsylvania & Henry to reinforce Genl. Greene, and 500 new levies will march from Chestfd C. H. in a few days. I have no doubt however that the Southwestern Counties will have turned out in greater numbers before our orders reach them. I have been knocking at the door of Congress for aids of all kinds, but especially of arms ever since the middle of summer. The Speaker Harrison is gone to be heard on that subject. Justice indeed requires that we should be aided powerfully. Yet if they would repay us the arms we have lent them we should give the enemy trouble tho’ abandoned to ourselves. After repeated applications I have obtained a warrant for your advance money £18,000 which I have put into the hands of Mr. McAlister to receive the money from the Treasurer & carry it to you. I am with very sincere esteem dr Genl. your friend & serv. TO MAJOR-GENERAL BARON STEUBEN1Richmond, February 19th, 1781. Sir, —The prisoners in Albemarle were ordered to be removed immediately, giving them time only to pack their baggage, that it might follow them in waggons. Those taken at the Cowpens which were at New London on the 14th inst. were likewise ordered Northwardly by the way of Staunton keeping above the Blue Ridge, while the Conventioners pass below it. These orders were issued at the same time with those for embodying the Militia and have been notified to Congress and Genl. Washington. By a letter from Count Rochambeau to Genl. Washington, a Copy of which is transmitted me, it appears that some French Frigates were out a cruising from Newport.—that two 74s and a Frigate were sent out by the British to take them, that a storm came on which drove one of the 74s. ashore on Montuck Point, and obliged the other to put back into Gardners’ Bay dismasted, and the Frigate also to put back tho’ without injury: and forced the French Frigates back to port, which they reached in safety: that this accident had given the French Fleet a superiority; whereon the Chevalr. de Touche was determined to send a line of Battle Ship, and two Frigates to cruise off the Capes of Chesapeake and break off the communication between New York and Charlestown. This letter is dated Jan. 9th. we are therefore to suppose the French Vessels now here to have come in consequence of the above and to hope they are in no danger. TO BRIGADIER-GENERAL GEORGE ROGERS CLARKv. s. a. Richd. Febry. 19th 1781. Sir, —I received your letter on the subject of the backwardness of the militia of Berkely & Frederic to proceed Westwardly, and had before received representation from the Counties. This circumstance was the more mortifying as we were informed from various quarters that should we persist in the order it would produce an open disobedience. Many circumstances concurred to render it prudent to avoid this. The presence of two armies of the enemy within the state induced us to wish to prevent everything like commotion or opposition to Government in every part of it. As therefore the representations were accompanied with hopes held out of raising a respectable number of volunteers, the Board thought it prudent to accept of that offer. These two counties were relied on for 56 men; on view of this disappointment we obtained an order from Baron Steuben for Colo John Gibson with his regiment & Heth’s company (about 200 regulars) to be added to your command; an addition of more worth of itself perhaps than the militia, more especially if any number of volunteers should go. I hope too you will receive greater numbers from Kentucky than we counted on, and aids from the French settlements: we are apt to hope what we much wish, and perhaps this is my case. The enclosed papers give us real concern as they hold out reason to apprehend great abuses in the Western quarter. I transmit them to you to have strict enquiry made (not by yourself for your time is otherwise better engaged) but by such persons of known integrity & character as you shall appoint. We do not know what to do with the bills of which Majr. Slaughter speaks, indeed I wish such an enquiry could take place, and that the persons you appoint would give their sanction to every bill. The suggestions against the Gentlen who went to Kaskaskie under promise of availing you of its resources & strength, are of such a nature as to merit attention & delicate enquiry. I am sure you will keep your attention alive as to everything of this kind, and will use decision where decision is found necessary. TO MAJOR-GENERAL BARON STEUBENv. s. a. Richd. Febry. 20th 1781. Sir, —I enclose you a report from Mr Ross of the cloathing provided and his prospect of further provision. The procuring hats or leathern caps still appears desperate, so that unless some substitute can be thought of, I know not what will be done. There are no hats I am told among the cloathing come from the north. I wrote you that after having called certain numbers from Washington, Montgomery, Botetout, Henry & Pittsylvania, I had called out all the Militia who could be armed of Cumberland, Powhatan, Chesterfd, Dinwiddie, Amelia, Lunenburg & Brunswick to oppose Ld Cornwallis. Prince Edward was not called on because we knew them to have actually marched. Mecklenburg, Charlotte & Halifax were so near the Enemy that we knew they must be in the field before any orders could reach them. So far the draught had been no more disturbed than it had been before by Arnold’s invasion except as to the five Counties of Washington &c., first named—it is not in our power to anticipate the time of draughting in the other Counties as you propose. The law gives certain times for raising men voluntarily till the expiration of which no draught can take place; for this reason we have wished to avoid as much as possible calling on the Counties North of James River, where the draught is as yet undisturbed, untill we shall hear that Ld Cornwallis has actually crossed the Dan; because that act will decide that he means to penetrate this Country: nevertheless if you think it advisable we will order militia to a certain extent to be embodied on the North side of James River; and I shall be obliged to you for your opinion on this head. I find by the enclosed papers which have passed between a Lieut Hare calling himself a flag & Capt Turberville that a vessel of the Enemy has come under very suspicious circumstances to Sandy Point. What was her errand, to whom addressed, or whether she had passports from any of the commanding officers at the posts in the neighbourhood of the enemy, are circumstances on which these papers can give me no information; yet they appear material in fixing the character of the vessel. It seems improper that under the pretence of being flags their vessels should be allowed to penetrate our rivers to their sources. This matter being within your line, and depending on usages with which you are better acquainted than we are, I wish to remit it altogether to Yourself to have done what is right. A communication of what you determine will oblige me, as I am to write to Genl. Nelson on the subject. I also transmit you an extract of the Genl’s on the subject of the French ships here. I should think with him their cruising off the capes attended with safety to them, & great service to the American cause by intercepting the communication between N York and Charles Town. But whether at this crisis till Ld Cornwallis’s movements are decided the one way or the other, it be not of very great moment to retain Arnold in his present quarters by the presence of a force sufficient to destroy his navy if he withdraws from it, I would submit to your better judgement.—On this too I will ask your opinion as Genl Nelson expects my answer. TO BRIGADIER-GENERAL THOMAS NELSONv. s. a. Richd. Febry. 21st, 1781. Dr. Genl., —I received your letter of the 18th the night before last, and deferred answering it until I could confer with Baron Steuben, which I had the opportunity of doing yesterday evening. He shewed me a letter from Monsr. Tilly from which, and the information of his aid who went down, we suppose the French squadron sailed on a cruise yesterday morning. They will however be within our call, & therefore we think it proper to go on with the preparations for enabling us to make an attempt on the enemy, and for affording an asylum to any of the ships of our Ally which may at any time come to us. I put into his hands the papers relative to Mr. Hair & he will give orders on the subject; he seems to consider him as no flag, but a prisoner. As to Mr. Hair’s calumnies on individuals of this State among whom I am one; I consider them as honorable testimonials; it is their known practice to bribe whom they can, and whom they cannot to calumniate. They have found scoundrels in America, and either judging from that or their own principles they would pretend to believe all are so. If pride of character be of worth at any time, it is when it disarms the efforts of malice. What a miserable refuge is individual slander to so glorious a nation as Great Britain has been. I spoke to Baron Steuben some time ago for a return of the numbers of militia from each County which have been on duty & how long. As militia duty becomes heavy, it becomes also our duty to divide it equally. I have waited for this to order out relief, which cannot be done on sure grounds without it. You will oblige me by having such a return made from your quarter as soon as possible. I am sincerely sorry to hear of your indisposition. Wishing it speedily removed. I am. * * * TO COLONEL JAMES INNESv. s. a. In Council. Febry. 22—1781. Sir, —I had written the enclosed before Capt Richeson arrived. I transmit it open through you for your perusal. I am very sorry that the men first called into the field have not been relieved; but has proceeded from the want of such a return as is mentioned in my letter, and for which I applied some time ago to Baron Steuben, who has had hopes of furnishing it. You will readily be sensible that where any County shall have sent but half the quota called for, they have performed but half their tour, and ought to be called on again: Where any county has furnished their full complement, they have performed their full Tour, & it would be unjust to call on them again till we shall have gone through the Counties. Militia becoming burthensome it is our duty to divide it as equally as we can. Upon the receipt of such a return a relief shall be ordered: and in the mean time the arrival of the militia mentioned in the enclosed may enable you to permit those who have been longer on duty to return home. On the present invasion the favour was asked of Baron Steuben to arrange the commands on principles laid down by the Executive, being the same determined on Leslie’s invasion. We have awaited the receipt of his arrangement to issue Commissions; this alone is the reason why not a single commission was issued during the Invasion. I will take care to remind the Baron of the want of his report & in the mean time should any gentleman have the misfortune to be captured not a moment shall be lost in sending him a Commission. The affair of Westover has been communicated to me so imperfectly that I am still ignorant of it. I know that a flag is detained at Sandy Point, and have heard of letters between the conductor and a person in his connection up the river: But their import I have never heard. I understand that I am particularly indebted to Mr. Hair for his eulogiums. Indeed I think them the best certificate of my whiggism did my country want such certificate at this day. TO MAJOR-GENERAL BARON STEUBENv. s. a. In Council. Febry. 24th, 1781. Sir, —I have received repeated information that the nakedness of the militia on service near Wmsburg and want of shoes is such as to have produced murmurings almost amounting to mutinies and that there is no hope of being able longer to keep them in service. The precedent of an actual mutiny would be so mischievous as to induce us to believe an accommodation to their present temper most prudent and therefore send to Colo Innes a letter of which the enclosed is a copy, in the meantime it is out of my power to order reliefs on any fixed rule without such return as mentioned in the letter. As soon as I shall receive such a return new calls shall be made to replace the numbers you wished to have on the North side of James River independently of those from the Northern Counties who were meant to be free for other service. I must therefore trouble you to exercise your authority in such manner as to produce me returns of the desired kind. This is the more necessary to be done speedily lest the same should begin to show itself in Genl Mulenburgs camp. You will judge from the temper of these militia how little prospect there is of your availing yourself of their aid on the South side of the river should you require it. I enclose you a copy of a letter from Colo Bannister, County Lieut of Dinwiddie. I have taken the liberty of referring him to you as to the arms, and the bearer who carries my letter, will also carry any orders you please to give as to them. The size of his detachment it seems will depend on the arms he can procure. TO BRIGADIER-GENERAL ROBERT LAWSONv. s. a. Richmond, Febry 25—1781. Sir, —I yesterday received word from Colo Bannister that there were 400 stand of good Continental arms at Petersburg of which he desired 150. I wrote to Baron Steuben on that, and shall immediately write to him again to let him know your want, & I have no doubt but he will order on the balance for your militia: besides these, 600 stand passed by this place three days ago for Genl Greene’s camp. I never heard a tittle of the movements of either army in the South since a letter from Genl Greene of the 15th. Before that I on the information which your express brought me ordered out all the militia of Cumberland, Powhatan, Chesterfield, Dinwiddie, Amelia, Lunenburg & Mecklenburg who could be armed, and a fourth part of Washington, Montgomery, Botetout, Henry & Pittsylvania, I sent no order to Prince-Edward because I had your information that the business was already done: to Bedford we dispatched Colo Lynch who happened to be here to carry all who could be armed. Halifax & Charlotte were known to be so immediately under the approach of the enemy as that they must be out under the general directions of the invasion Law before orders could get to them. We determined not to embody on the North side of the James River till we should learn that Ld Cornwallis had crossed the Dan, because we still wished to interrupt as little as possible the execution of the Law for raising regulars. That our intelligence might be perfect we got the favor of Majr McGill to go to Greene’s camp & apprise us of every interesting movement through the line of stationed expresses. He has been gone a week & we have not yet heard from [him] which makes me apprehend some foul play on the road. I am the more led to this fear by a letter from Genl Greene to Baron Steuben having been opened in the same course of conveyance and the state of Greene’s force withdrawn from it. Genl Mulenburg has drawn close down on the Enemy’s lines at Portsmouth—the French 64 gun ship lies in Lynhaven bay & the two frigates are on the cruise. We are strengthening in that quarter. TO THE OFFICER COMMANDING THE NAVAL FORCE OF HIS MOST CHRISTIAN MAJESTY ON THE COAST OF VIRGINIA (JEAN LE GARDEUR CHEVALIER DE TILLEY)Feb. 25, 1781. Sir, —I have the honor to forward to you the enclosed letter which accompanied others from Genl Washington & the Marques Fayette to the honourable Majr General Baron Steuben & myself. That there may be no disappointment in procuring the pilots required, I got the favor of Capt. Maxwell, naval commander to this State to proceed to Hampton to provide them. His knowledge of the service and of the properest Persons to be employed will I hope ensure our getting them. You will be pleased to advise him as to the number necessary. The communication between yourself and the Commanding Officer on shore I suppose to be at present safe & easy. If you can point out anything which is in my power to have done to render it more so, I shall with great Pleasure have it done. General Washington mentions that you had been so kind as to take on board some arms and cloathing on account of this State. Captain Maxwell is instructed to take measures for receiving them. I shall be happy to have it in my power to contribute by any orders I can give towards supplying your troops with provisions or any other necessaries which may promote their Health or accommodation, and in every instance to testify our gratitude to your nation in general and yourself personally for the aid you have brought us on the present emergency. TO THE PRESIDENT OF CONGRESS1 (SAMUEL HUNTINGTON)j. mss. Richmond, Febr. 26th, 1781. Sir,—I gave you information in my last letter that Genl. Green had crossed the Dan at Boyd’s ferry and that Ld Cornwallis had arrived at the opposite Shore: Large reinforcements of militia having embodied both in front & rear of the enemy he is retreating with as much rapidity as he advanced; his route is towards Hillsborough. Genl. Green recrossed the Dan on the 21st in pursuit of him. I have the pleasure to inform you that the spirit of opposition was as universal as could have been wished for. There was no restraint on the numbers that embodied but the want of arms. The British at Portsmouth lie close in their lines. The French squadron keep them in by water, and since their arrival as they put it out of the power of the Enemy to cut off our retreat by sending up Nansemond river our force has been moved down close to their lines. TO MRS. WILLIAM BYRD (NÉE MARY WILLING)v. s. a. In Council. March 1st. 1781. Madam, —I am sorry it is not in my power to send you the Law you desire having only one copy of it myself and that bound up in the laws of the Session of October 1776. at which it was passed. The description of the offence which is the subject of the Act, is in these words—“if a man do levy war against the Commonwealth within the same, or to be adherent to the enemies of the Commonwealth within the same giving to them aid or comfort in the Commonwealth or elsewhere &c. &c. thereof be legally convicted &c &c.” The situation in which you were placed by the landing of the enemy at Westover was undoubtedly difficult. Whether you may have been able to steer with Precision between the will of those in whose Power you were & the Laws of your country is a question on which the laws have not made me the judge. The letter which you mention to have written while the Enemy’s fleet lay at Westover, being thought to contain the acknowledgement of an offence against the Commonwealth was put into the hands of the Executive officially and by them remitted to the Attorney General with instructions to proceed as the laws require. I believe it is his idea that these proceedings must be as for a misdemeanor. They will probably take place immediately under the directions of a late act which ordains pleadings in certain cases from Day to Day till final decision and I hope will furnish you with ample occasion of Justification. The flag having come under a permission of Baron Steuben given before the determination to discontinue that kind of intercourse we referred the whole of that matter to him, save only that his promise having been to admit an identical Restitution of Slaves and the flag instead of that bringing a Compensation in Merchandize were of opinion and determined that this could not be admitted to be received, as allowing, the same indulgence equally to all, it would immediately become regular commerce. This was the only order or resolution formed by the Executive on any Thing relative to this Flag or to yourself so far as connected with her. Mr. Hare was thought to have conducted himself with great Impropriety, yet a desire to afford no colour of precedent for violating the sacred Rights of a Flag has I believe induced Baron Steuben to remit Mr. Hare & his vessel again to his Commander. Tho’ my office requires that I should be divested of private estimations yet I must be permitted to assure you that it will give me very real pleasure to know that the issue from this troublesome business is perfectly to your satisfaction. TO THE SPEAKER OF THE HOUSE OF DELEGATES1 (RICHARD HENRY LEE)v. s. a. In Council March 1. 1781. Sir, —It is with great reluctance that after so long & laborious a Session as the last I have been again to give you the trouble of convening in general assembly within so short a time and in so inclement a season but such was the situation of public affairs as to render it indespensable. The six millions of pounds ordered to be emitted at the last session of assembly, the four millions which the Executive were permitted to issue is necessary, and the money for the purchase of 1500 hhds of tobo. estimated to be one million, one hundred & twenty five thousand pounds have been all dispensed in paiment of public debts, in present defence, and preperation for the ensuing campaign, as fast as they could be emitted: and the calls uncomplied with appear to be numerous & distressing. One army of our enemies lodged within our Country, another pointing towards it, and since in fact entered into it, without a shilling in the public coffers, was a situation in which it was impossible to rest the safety of the state. The invasion which took place on the close of the last session of assembly having necessarily called for the attendance of a number of Militia in the field, interrupted of course the execution of the act for recruiting our quota of troops for the Continental army. Sensible that this would be the consequence we endeavored to restrain the calls of Militia to as few Counties as possible, that the residue might proceed undisturbed in this important work. But such has been the course of events as to render indispensable subsequent applications to many other Counties. So that while in some counties this law is in a regular train of execution, in others it is begun and proceeding under great obstacles & doubts, and in others it has been wholly suspended. This last measure the Executive themselves were obliged to recommend or approve in some instances from a conviction that they could not otherwise draw forth the force of the Counties in the particular point in which that force was wanting. Accidents derived from the same movements of the enemy delayed the promulgation of the act for supplying the army with cloths, provisions and waggons until it became evident that the times of execution would be elapsed before the laws could be received in many counties. I undertook notwithstanding to recommend their execution at as early a day as possible, not doubting but that the General assembly, influenced by the necessity which induced them to pass the act, would give their sanction to a literal departure from it, where its substance was complied with. I have reason to believe that the zeal of the several Counties has led them to a compliance with my recommendation, and I am therefore to pray a legal ratification of their proceedings, the want of which might expose the instruments of the law to cavil & vexation from some individuals. These were the subjects which led immediately to the calling of the General assembly. Others, tho’ of less moment, it is my duty also to lay before you, being now convened. As the establishment of your regular army will of course be under consideration, while amending the late law for raising regulars, I beg leave to lay before you a letter of the Honble Major General Baron Steuben on that subject, and the proceedings of a convention of the Commissioners from the States of New Hampshire, Massachusetts, Rhode island, Connecticut and New York held at Hartford. As likewise a proposition from Colonel Spotswood for raising a legionary Corps for the defence of the State. Whether it be practicable to raise and maintain a sufficient number of regulars to carry on the war is a question. That it would be burthensome is undoubted yet it is perhaps as certain that no possible mode of carrying it on can be so expensive to the public so distressing & disgusting to individuals as the militia. The approach of the british army under Ld. Cornwallis having rendered supplies of horses for the purpose of mounting our dragoons indispensably necessary for the reasons set forth in the inclosed extract of a Letter from General Greene, and it being apparent that horses, in the route of their march if not used for us, would be taken by them and used in subduing us, I undertook to recommend to General Greene the applying to the use of his dragoons horses so exposed, first ascertaining their value by appraisement, and beg leave to rest the justification of the measure on the appearance of things at that moment, and the sense of the General assembly of its necessity. Could any further means be devised for completing those corps of horse it might have the most important effects on the Southern operations. I am desired to lay before the General assembly the resolutions of Congress of Feby 5 & 7. 1781. which accompany this, as also the representations of our officers in Captivity in Charles Town in favor of General McIntosh. I likewise beg leave to transmit you the advice of Council for reforming the 1st & 2d State regiments, the State Garrison regt. and regiment of artillery. Mr Everard having declined resuming the office of Auditor to which the General assembly had elected him, the Executive have appointed Bolling Stark esqr in his room to serve till the meeting of Assembly. Not doubting but that the General assembly would wish to be informed of the measures taken by the Executive on the invasion which happened at the rising of the last session of assembly, as well as on the one lately made on our Southern frontier, I shall take the liberty of giving them a succinct State of them. Having received information on Sunday the last day of December of the appearance of 27 sail of Vessels in our bay, which whether friendly or hostile was not then known, we got the favor of General Nelson to repair immediately to the lower country with instructions to call into the field such a force from the adjacent counties as might make present opposition to the enemy, if it proved to be an enemy, according to an arrangement which had been settled in the preceeding summer; waiting for more certain & precise information before we should call on the more distant part of the Country; and in the same instant stationed expresses from hence to Hampton. I took the liberty of communicating this intelligence to the general assembly on their meeting the next morning. No further information arrived till the 2d. of Jan. when we were assured that the fleet announced was hostile. We immediately advised with Major General Baron Steuben, the commanding Officer in the State, on the force he would wish to have collected, and in the course of the day prepared letters calling together one fourth of the Militia from the Counties whose term it was to come into service, or whom vacinity rendered it expedient to call on. viz: Brunswick, Mecklenburg, Lunenburg, Amelia, Powhatan, Cumberland, Pr Edward, Charlotte, Halifax, Bedford, Buckingham, Henrico, Chesterfield, Dinwiddie, Sussex, Southampton, Goochl’d, Fluvanna, Albermarle, Amherst, Rockbridge, Augusta, Rockingham, & Shanandoah amounting to 4650 men and directing them not to wait to be embodied in their Counties but to come in detached parties as they could be collected. I at the same time required the Counties of Henrico, Hanover, Goochland, Chesterfield, Powhatan, Cumberland, Dinwiddie & Amelia to send the half of their militia intending to discharge what should be over their equal proportion as soon as those from the more distant counties should arrive, and in the morning of the 4th. finding the enemy were coming up James river I called for every man able to bear arms from the Counties Henrico, Goochland, Powhatan, Chesterfield & Dinwiddie, nevertheless so rapid were the movements of the enemy and so favorable to them the circumstances of wind & tide that they were able to penetrate to this place and Westham on the 5th. to destroy what public stores we had not been able to get away, to burn the public buildings at Westham & some occupied by the public at this place and to retire to their shipping before such a force had assembled as was sufficient to approach him. I have the pleasure however to inform you that we were enabled to withdraw almost the whole of the public Stores so as to render our losses in that article far less than might have been expected from the rapidity of the movements of the enemy and the difficulty of procuring suddenly any considerable number of waggons and vessels. General Nelson having collected and drawn towards the enemy a body of Militia on the North, and Baron Steuben having done the same on the South side of the river, the enemy withdrew making descents & committing depredations at places till they reached Portsmouth, where they have since remained environed by the Militia of this State and of North Carolina. On receiving intelligence of the advance of the British army under Ld. Cornwallis through N. Carolina, we directed one fourth of the militia of Pittsylvania, Henry, Montgomery, Washington and Botetourt to march immediately to reinforce General Greenes army. But learning very soon after that the enemy were already arrived at or very near the Dan river we ordered out all the Militia who had arms or for whom arms could be procured of the Counties of Lunenburg, Brunswick, Amelia, Dinwiddie, Chesterfield, Powhatan and Cumberland. Colonel Lynch who happened to be here when the intelligence was received, was instructed to carry on immediately the Militia of Bedford: we at the same instant received notice that the Militia of Prince Edward & Mecklenburg were already embodied and we knew that the Counties of Halifax & Charlotte to be so immediately under the approach of the enemy as that they must be embodied under the invasion law before our orders could reach them. The Counties below these on the South side of James river we thought it expedient to leave as a barrier against the enemy within Portsmouth. The very rapid approach of the enemy obliged us in this instance to disregard that regular rotation of duty which we wish to observe in our calls on the several Counties, and to summon those into the field which had Militia on duty at the very time. However the several services of these as well as of the other Counties shall be kept in view and made as equal as possible in the course of general service. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. Richmond. March 2d 1781. Sir, —I was two days ago honoured with your letter and that of General Washington on the same subject; I immediately transmitted by Express the one acompanying it to the Commanding officer of the Naval Force of his Christian Majesty in our bay and took measures for providing pilots. Baron Steuben will communicate to you the arrangements he proposes, which I shall have the pleasure of forwarding with every aid in my power. I hope that when you shall arrive at the point of action every Thing will be found in readiness. I think the prospect flattering of lopping off this Branch of the British Force and of relieving the Southern Operations by pointing all their Efforts to one object only. The relief of this State being the most immediate effect of the enterprise it gives me great pleasure that we shall be so far indebted for it to a nobleman who has already so much endeared himself to the citizens of these States by his past Exertions and the very effectual aids he has been the means of procuring them. I have the honor to be with sentiments of the most perfect gratitude and respect, Sir, Your &c. TO THE SPEAKER OF THE HOUSE OF DELEGATES (RICHARD HENRY LEE)v. s. a. In Council. March 3d 1781. Sir, —It is thought that the present situation of the enemy in this state affords an opportunity of undertaking some military operations of Importance. To enable the Commanding officer to carry them on an additional force on the water is necessary. There are in James & Appomatox Rivers vessels of private property suited and sufficient for the purpose as is believed. I shall be glad to have the sanction of the General Assembly if they approve of it for impressing such vessels, their tackle &c. Crews for this particular purpose and for short time only, a measure which I hope would not be disagreeable to the owners if their vessels be insured with whatever they may have on Board and a reasonable pay allowed. An immediate determination would be necessary if the measure is approved. TO COLONEL EDWARD CARRINGTONv. s. a. In Council March 3d 1781. Sir, —I have received your letter wherein is this paragraph “the sum indeed mentioned in your Excellency’s letter is excessive and I am not surprised it should be so, when I find by a State of your affairs sent to General Greene you have magnifyed the estimate in one article ten fold and perhaps the same circumstance attends the estimation on some of the other articles. I estimated for fifty thousand Bushells of grain; in your Excellency’s State to General Greene it is called five hundred thousand. I would be glad the Executive would revise their estimation and perhaps after correcting those errors &c. &c.” I trust you would have been more choice in your terms had you revised the estimate yourself as recommended to us. I send you a copy of it wherein you will find the quantity of corn or oats expressed in these figures and letters ‘500,000 Bushels’ in a former estimate given in some days or perhaps Weeks before this. The quantity required was ‘for 2326 draft horses and 779 saddle horses till the 1st of August was 282,490 Bushels.’ I did not therefore magnify the Article to General Greene and you are now speaking of 50,000 Bushels as the quantity required shows that I had reason to estimate to the General the necessity of a new calculation on the true number of horses connected with the Southern Army and the proportion of this, which on view of actual circumstances we ought to furnish. I believe the estimate of 50,000 bushels to be as far wrong as that of 500,000. We shall be governed by neither but will furnish as much as we shall be able. It will probably be short of the middle quantity. Should you have represented this article to General Greene to have been magnified by us, I shall expect from your Justice that you will be equally ready to correct as to commit an error & that you will take the trouble to inform him that I had not been so deficient in respect either to him or myself as to magnify things of which I undertook to give him representation. Major Claiborne had the half million of Pounds which we promised of the late emission. When the Treasury is replenished he shall again have due Proportion to enable him to procure such Part of the Estimate as he thinks proper. TO THE SPEAKERS OF THE GENERAL ASSEMBLY OF NORTH CAROLINAv. s. a. In Council. March 3d 1781 Gentlemen, —I had the honor of receiving your joint letter of the 14th ult. I assure you that we have been so very far from entertaining an idea of witholding succours from you on account of the invasion of our State that it had been determined that the regular Troops raised & not at that time marched should nevertheless proceed to your assistance & that we would oppose the Army in our own country with militia. For the same reasons we still mean that the new Levies now raising and which will be rendezvoused mostly within the present month, shall be marched on to your assistance, being convinced that that is the only permanent and effective aid we can give you. Militia do well for hasty enterprises, but cannot be relied on for lengthy service and out of their own County. I am truly sorry that it is out of my power to furnish you with a single stand of arms: those we sent the last year for the use of your State and in the hands of our own militia made a very considerable proportion of our whole stock. Three successive invasions since have obliged us so often to arm large bodies of militia and on every issue of arms to militia the loss is great. We are now unable to do more than to arm the Force lying at Portsmouth. The want of arms was the only circumstance which restrained the numbers lately collected against Ld Cornwallis. I shall be happy to give you every proof which shall be in our Power of the Cordiality & zeal with which to aid you under every Difficulty. Circumstanced Abilities unhappily render these aids much less than we are disposed to make them to which circumstance I beg you to ascribe whatever we fall short of your actual Wants. TO THE GOVERNOR OF MARYLAND (THOMAS SIM LEE)v. s. a. Richmond, March 6th, 1781. Sir, —I had the honor of receiving your Excellency’s Favour of February 27th and had just before received the resolutions of Congress of February 20th which were the subject of the Letter. I think that we ought not to expect any Co-operation in this business from North Carolina and that we should be disappointed were we to expect it. A State in which are several different Armies of Foes and of friends as destructive from necessity as Foes, which has been consumed by their ravages near a twelvemonth is not in a condition to give but to expect assistance. It must be evident that from the presence of our Armies in that state she must furnish more than her quota for supplies, because she makes up the failures of all other states; for on the Failures of supply the army will not go to take from the State failing, but takes its necessary subsistence from that in which you are. I think then that of the States named in the resolution of Congress the object of the resolution rest truly on Delaware, Maryland, and Virginia and I shall be very happy to concur with them in such equal measures as will effect the intentions of Congress. I do not apprehend it was intended by your Excellency when you proposed to deposit your quota of Specifics at Alexandria that the Burthen of transporting it thence to North Carolina should be left on us solely, because as on the same plan we should be entitled to deliver our quota on our Southern boundary which would bring up our share of burthen to an equality of yours: were we moreover to transport your quota and that of Delaware across our Country it would be so much more than equality. I take the liberty of mentioning this because your Excellency’s proposition has been I think misunderstood in this particular. The desire of Congress that we should settle an arrangement for procuring supplies for the Southern Army in the states most convenient for replacing those supplies from other States and for transporting the whole. All this supposes a joint concern, I should think therefore it ought to be executed jointly, or if divided that the division of the whole, that is of the procuring supplies in one place replacing them by others and transporting both should be equal, by which I mean proportioned to our abilities as rated in the Continental scale. This may be done in several different ways: 1st, by dividing among us the line of transportation into such parts as when combined with the quantity to be transported along each part will produce a total duly proportioned between us; 2d, by putting into the hands of a Quarter Master due Proportions of money or means of Transportation to be by him employed in carrying on our specifics from their respective States; 3d, For each State to appoint its own Agent & to procure the quota of specifics as near as they can to the Army replacing their money by sale of such specifics as might be raised within the State by Taxation. The first and second modes are liable to this objection that the transportation will cost very considerably more than would purchase the articles in the vicinities of the Army. Should these nevertheless or any other mode which can be thought to be more agreeable to your Excellency and the President of Delaware we shall be ready at any time to proceed to settle the arrangement, or as the settlement of it by way of letter might draw it to a great length, I would propose to refer it to be done by ye Delegates from the respective States in Congress. Should the third mode suggested above be preferred as it would be carried into separate Execution no reference would be requisite. TO MAJOR-GENERAL BARON STEUBEN1Richmond, March 7th, 1781.—8 oclk, p.m. Sir, —The enclosed came to hand this moment, as I make no doubt it communicates what was mentioned in a letter from the Marquis to me received at the same time, I shall not trouble you with it. Scows which the Marquis desires for the transportation of cannon, cannot venture into the wide waters over which they will have to be transported, as I apprehend. Flats (which abound in York River) are the best vessels for this purpose as I am informed. You may have the best information on this head at York, and I must trouble you to order Flats, or, whatever other vessels will best answer to be procured. The Marquis is very anxious to have the Works at York put into proper order. I hope Genl. Nelson’s influence may have enabled him to procure hands for this business. The Four Battery Pieces with their Carriages, and one Mortar with its bed are got on board to-day. The other Mortar, without a bed; will be on board this evening, with 6000 lb. of powder, and they will fall down to Hoods, where the armed vessels were directed to, there to await your orders. We found that there were iron beds at Cumberland for the Mortars; these I ordered down with the shells which were to go thence.—1000 lb. of powder set out for York this morning: by a letter from Genl. Weedon. I find the numbers he will actually bring will be but about 700. Capt Smith gave me hopes that he could raise 30 horsemen, but did not seem positive; I have not heard from him lately. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. Richmond March 8th 1781. Sir, —I had the pleasure of receiving last night your letter of the 3d instant and of learning of your arrival at the Head of Elk three days sooner than General Washington had given us reason to expect. In the mean time I hope you will have received my answer to your first letter which I forwarded by Express to the Head of Elk, and which is of greater importance a letter from Baron Steuben who commands in this State, explaining to you what he proposed. The number of militia desired by the Baron will be provided, tho not quite so early as had been proposed, so that your delays at the Head of Elk will not produce any inconvenience. Arnold’s retreat is at this time cut off by land. Provisions and arms for the Troops are in readiness and the Quartermasters are exerting themselves to get horses. Their exertions are slow and doubtful. Oxen I apprehend must be used in some measure for the artillery. We have no heavy field artillery mounted. Four battering cannon (French 18 lbs) with two 12 Inch Mortars fall down from this place this evening. Scows I am afraid cannot be used for the Transportation of your cannon on the wide waters where your operations will be carried on. We shall endeavour to procure other vessels the best we can. The total destruction of our Trade by the Enemy has put it out of our Power to make any great Collection of Boats. Some armed vessels of public & some of private property are held in readiness to coöperate, but as they are in James River they cannot venture down ’til the command of the Water is taken from the Enemy. Baron Steuben is provided with the most accurate drawings we have of the vicinities of Portsmouth: they are from actual survey of the land, and as to information of the navigation the most authentick will be obtained from the pilots in that neighborhood, ten of the best of which are provided. I shall continue to exert my best endeavours to have in readiness what yet remains to be done, and shall with great pleasure meet your desires on this important business, and see that they be complied with as far as our condition will render practicable. On this and every other occasion I will take the liberty of begging the freest Communications with you. TO THE PRESIDENT OF CONGRESS.1 (SAMUEL HUNTINGTON)c. c. Richmond March 8, 1781. Sir, —I had the pleasure of receiving a Letter from General Greene dated High Rock ford february 29 (probable March 1) who informs me that on the night of the 24th Colo McCall surprised a subaltern’s guard at Hart’s Mill, killed 8 and wounded and took 9 prisoners, and that on the 25th General Pickens and Lieutenant Colo Lee routed a body of near 300 tories on the Haw river, who were in arms to join the British army, killed upwards of 100 and wounded most of the rest, which had had a very happy effect on the disaffected in that country. By a letter from Major Magill an officer of this state whom I had sent to Genl Greene’s headquarters for the purpose of giving us regular intelligence dated Guilford county March 2d. I am informed that Ld Cornwallis on his retreat erected the british standard at Hillsborough, that a number of disaffected under the command of Colo Piles were resorting to it when they were intercepted by Genl Pickens and Lt Colo. Lee as mentioned by General Greene and that their commanding officer was among 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 would 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 STEUBENIn 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 at 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 possession 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 STEUBENv. 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 him on the fifth or at furthest the 6th. On receipt of the letter of the 8th informing us of the almost total deficiency of New Kent. we ordered 164 men from Chesterfield and 187 from Dinwiddie to be immediately assembled and marched to Genera Muhlenburg’s Head quarters. We can only be answerable for the orders we give and not for the execution. If they are disobeyed from obstinacy of spirit or want of coertion in the Laws it is not our fault; we have done what alone remained for us to do in such case, we have ordered other militia from other Counties. The Quarter Master applied to us on the subject of the Horses required. He was furnished with impressing powers. He again applied for militia to aid him in the execution of the Powers. We did not think proper to resign ourselves and our Country implicitly to the demands of a Quartermaster, but thought we had some right of judgment left to us. We knew that an armed force to impress horses was as unnecessary as it was new. The fact has been that our citizens have been so far from requiring an armed Force for this purpose that they have parted with their horses too easily delivering them to every man who said he was riding on public business and assumed a right of impressing. When therefore the militia have on their hands a sufficiency of real calls to duty, we did not think it proper to harrass them in cases where we had reason to suspect they were not wished by the Quartermaster as militia, but as servants. It was mentioned to the Quartermaster that in our opinion he could and should do but little in this neighbourhood & that of Petersburg which had been drained by constant impresses: Nevertheless we furnished him with the blank Powers to be exercised where he pleased. I have laid your letter before the Assembly according to your desire. TO MAJOR-GENERAL MARQUIS DE LA FAYETTEv. s. a. Richmond. March 10th, 1781. Sir, —Intending that this shall await your arrival in this State I with great joy welcome you on that event. I am induced to from the very great esteem your personal character and the Hopes I entertain of your relieving us from our enemy within this State. Could any circumstances have rendered your presence more desirable or more necessary it is the unfortunate one which obliges me to enclose you the enclosed papers. I trust that your future Acquaintance with the Executive of the State will evince to you that among their faults is not to be counted a want of disposition to second the views of the Commander against our common Enemy. We are too much interested in the present scene & have too much at stake to leave a doubt on that Head. Mild Laws, a People not used to prompt obedience, a want of provisions of War & means of procuring them render our orders often ineffectual, oblige us to temporise & when we cannot accomplish an object in one way to attempt it in another. Your knowledge of these circumstances with a temper to accommodate them ensure me your coöperation in the best way we can, when we shall be able to pursue the way we would wish. I still hope you will find our preparations not far short of the Information I took the Liberty of giving you in my letter of the 8th instant. I shall be very happy to receive your first Applications for whatever may be necessary for the public service and to convince you of our disposition to promote it as far as the Abilities of the State and Powers of the Executive will enable us. TO THE SPEAKER OF THE GENERAL ASSEMBLY1 (RICHARD HENRY LEE)In Council, March 10, 1781. Sir, —At the request of Major General Baron Steuben, expressed in the enclosed letter, I take the liberty of laying it before you. The number of militia necessary to be called into the field, and time of their being there, we begged the baron to advise. He did so. Apprehending the deficiencies, we ordered a considerably larger number. As soon as we received the letters informing us of the deficiencies from New Kent, and desertions from Cabin Point, finding that, with those of Loudoun, the number would be reduced below what he desired, we ordered three hundred and fifty one from the counties of Chesterfield and Dinwiddie. The time fixed by the baron, for the first reinforcement, was the sixth instant; our orders were that they should be there on the 5th or 6th, at farthest; they were not there, it seems on the 7th. A number of horses were required for special purposes; we furnished the quartermaster with impressing powers. He applied for militia to aid him in the execution of the powers. We knew that an armed force to impress horses was unnecessary as it was new. The fact has been, that our citizens, so far from requiring an armed force for this purpose, have parted from their horses too easily, by delivering them to every man who said he was riding on public business, and assumed a right of impressing. When, therefore, the militia have on their hands a sufficiency of real calls to duty, we did not think proper to harass them in cases where, we had reason to believe, they were not wished by the quartermaster as militia, but as servants. It was mentioned to the quarter-master, that, in our opinion, he could and should do but little in this neighborhood, and that of Petersburg, which had been drained by constant impresses; nevertheless, we furnished him with blank powers, to be exercised where he pleased. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. Richmond. March 12th, 1781. Sir, —The enclosed is the Copy of a Letter which was intended to have awaited you in Virginia. But as there seems to be a probability that you will be detained at the Head of Elk longer than could have expected I have thought it best to send a Copy there also. An idea having unfortunately got abroad that the militia now called on are intended to storm the Enemy’s works at Portsmouth the numbers which actually march from the several Counties are so far short of what we ordered as never happened before & as to have baffled our calculations on probable Deficiencies. As these have become further known & expected we have ordered in additional numbers. From this cause I am informed the Blockade of Arnold on the Norfolk side has not taken place as I had reason to believe when I wrote to you on another occasion. By the last accounts I can get the Enemy have three vessels of Force in the Bay in addition to those Arnold had before. What few armed vessels we could get are in James River & cannot be got out nor, could we get them out, are they of Force sufficient to venture up the Bay. Should a French naval Force superior to that of the Enemy arrive in the Bay, I make no doubt you will still think it necessary to be assured that there are not in the upper part of the Bay vessels of the Enemy sufficient to do you Injury. I fear the number of boats requisite for landing your men and cannon will be very defective. Baron Steuben thinks 20 necessary but there cannot be half that number procured. The boats built for use in the upper part of James river cannot navigate the lower parts nor can any be brought round from the other rivers, perhaps it will be in your power to bring a number of boats with you. We have every instrument in motion which can avail us on this most interesting Occasion, but the want of means circumscribes our exertions. I think it proper therefore to reduce your expectations from what should be ready to what probably will be ready, and even calculating on probabilities I find it necessary to reduce my own expectations at Times. I know that you will be satisfied to make the most of an unprepared people, who have the war now for the first Time seriously fixed in their Country and have therefore all those habits to acquire which their Northern Brethren had in the year 1776. and which they have purchased at so great an expense. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. March 12 Sir, —Since writing the preceeding I have been honoured with your letter of the 6th. The first notification of this Enterprise came to me in the night of the last day of February. We were informed there were few or no armed vessels in the three northern Rivers and supposed if there were any they could not be impressed manned & brought into place by the time at which it was then thought they would be wanting. We confined ourselves therefore to James river. It is certainly too late to attempt the other rivers. We had but one Galley in order. She went down the river some time ago and having never been heard of since we fear some accident has happened to her. We had before sent down 6000 lbs of cannon powder and now order 4000 lbs more which goes very deep into our present stock. Ten Pilots are provided. I will lodge some maps for you so as that they shall be delivered to you on your arrival. I now give orders for look-out boats to be ready in Rappahannock, Piankatank & York rivers. I cannot say what may be expected from them. The articles wanted in the Quartermasters & Engineers departments as stated in their Invoice, will most of them be got, as the orders for them go out to Day, only they will of course be rather late. I send off to the neighbourhood of the intended operations to procure the plank. I expect it will not be very easily or speedily provided. As to the artificers required I can give you but little Hope. They are exceedingly scarce in this Country. Endeavours shall not be wanting, but still they must not be counted on. Provisions will be in readiness. This is a summary of what is done, may be done, is doubtful or desperate on the several articles enumerated in your Letter. I pray you to make no difficulties in communicating freely what may be wanted for the service being desirous of contributing every Thing which our State can do or produce for the successful prosecution of the Enterprise and confiding that you will put the most candid Constructions when we fail as you will too soon find a full Compliance beyond the reach of our abilities. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. In Council March 14th 1781. Sir, —We just received the pleasing information of your safe arrival at York yesterday. My letters of the 12th which were sent to the Head of Elk (Duplicates of which accompany this) will inform you that we were endeavouring to accomplish your several Requisitions. I now enclose you a list of articles actually procured which will go from this place this evening, most of them in waggons to General Muhlenburg’s Head Quarters. Some heavy Articles particularly about 1500 Gallons of rum, some flour and 20 seasoned oak planks go in a vessel down the river. Four smiths go with the waggons. The articles not stated in the enclosed paper will I am in Hopes be procured by an Agent I have sent to the neighbourhood of Suffolk who will engage what Artificers can be found I am informed that there will be ready at the public Ship yard on Chickahominy on Friday next 4 Boats well fitted for our purpose. Others are collecting in the rivers to rendezvous at Hoods. The Galley I mentioned in my letter of the 12th is at the same ship yard and another is got ready. They are very light and want men as do two armed vessels belonging to the State at the same place. I have desired Capt Maxwell (at present I believe at York) who in consequence of former orders has I expect provided men to come to the ship yard and see these vessels put into motion. I have the pleasure to inclose you herewith a small map of the vicinities of Williamsburg York Hampton & Portsmouth done on a scale of 5 miles to the inch which may serve for pocket purposes & a larger one of the vicinities of Portsmouth on a scale of a mile to the inch which may be resorted to where greater accuracy is requisite. They are both from actual surveys and are the best in our power to provide for you. The larger one is a copy of original draughts, the smaller is very carefully reduced from them. Provisions cannot fail if the Commissaries look forward. I must beg the favour of you to give strict orders to the issuing Commissary to give me very timely notice when anything like want shall be approaching, because Time is requisite in this State to comply with any call. The State purchasing Commissary was ordered by me besides the bread and animal Food to lay in at General Muhlenburg’s camp or at a proper place in its neighbourhood a hundred thousand rations. TO THE VIRGINIA DELEGATES IN CONGRESSv. s. a. In Council. March 15th, 1781. Gentlemen, —A Difference of opinion having taken place between the Executive of this State & Mr. Simon Nathan at the rate at which certain Bills of Exchange should be discharged in paper money we have agreed with him to refer it to such Gentlemen of knowledge in the Laws of established character & of any other State as yourselves shall mutually agree on with him. Their award shall be performed by the State which means to stand in the place as well of the Drawer as Drawee. Mr. Wilson & Mr. Sergeant had been consulted by Mr. Nathan. I enclose to you Mr. Pendleton and Wythe’s opinion. You will be pleased to observe that the state of the case requires from Mr. Nathan actual proof that he took up the bills at par. Mr. Nathan having agreed with us to all the facts as stated I am to suppose nothing contrary to them will be received, as his signature here was omitted prehaps it would be best for you to require it before submission. It is not our Desire to pay of those bills according to the present Depreciation but according to their actual value in hard money at the time they were drawn with interest. The State having received value so far as it is just it should be substantially paid. All beyond this would be plunder made by some person or other. The Executive in the most candid manner departed from the advantage which their Tender law gave them in the beginning. It seems very hard to make this means of obtaining an unjust Gain from the State. TO THE SPEAKER OF THE HOUSE OF DELEGATES (RICHARD HENRY LEE)v. s. a. In Council. March 16th, 1781. Sir, —The Marquis Fayette desired me among the articles most essential for an Enterprise at the head of which he is, to procure 150 Draught Horses for Artillery & 50 saddle Horses for Officers to act on. I gave power and instruction to have them procured by Purchase if possible & if not by Impress.—One of the Quarter masters employed in this Business informs me that he has purchased some and impressed others on valuations by men on oath and deemed honest which are rated as high as £30,000 and most of them very much above what is reasonable. These circumstances are very embarrassing. To retain the Horses at such enormous prices threatens ruin on one Hand, the other to discharge them endangers an Enterprise which if successful would relieve us from an Enemy whose residence is attended with continued Expence, Fatigue and Danger. Under this perplexity I am happy to have it in my power to ask the advice of General Assembly. The Quarter master was under orders from his Commanding Officer to set out this morning with what Horses he had but I have detained him until the sense of the General Assembly may be had on the subject. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. Richmond March 19th, 1781. Sir, —Your letters of the 16th & 17th inst, came to hand at Noon of this day. I beg leave to inform you that for the purpose of speedy Communications between the Executive & the Commanding Officers Expresses are established from this place through Williamsburg to Hampton every fifteen miles distance and that a Quarter master is employed in establishing a similar line from hence to the Army before Portsmouth crossing James River at Hoods. These Expresses are ordered to ride day and night. You will be pleased to set the line in motion whenever you think proper. Besides the Exertions of the Continental Quarter master to procure Horses we instructed the State Quarter Master to send out Agents on the same business in order to insure the number required by Colo Pickering which was 50 saddle Horses & 150 Draught Horses. What his agents could procure we ordered to be at General Muhlenburg’s Head Quarters by the 20th. I shall order him to continue his efforts in aid of the Continental Quarter Master ten days longer.—In a Country whose means of paiment are neither prompt nor of the most desirable kind, impressing property for the public use has been found indispensible. We have no fears of complaint under your exercise of those powers & have only to ask the favor of you to instruct those employed in impressing to furnish the party whose property is taken with a proper certificate of the Article & value and that they make regular returns to Government of the Certificates they have given stating in such return the Date of the Certificate, owners name, article taken, & price. This has been required of course from all impressing Officers as a Check on Counterfeited certificates. The conduct of Capt. Turberville has come to the knowledge of the Executive in detached Parts only. His permitting Lt Hare to pass his post to Westover was deemed by us improper. We understood also he did not obey a positive order from Major General Baron Steuben for discharging Mr Hare & the flag; and the Baron complains to us that an open letter of his to Mr Hare was detained by Capt Turberville. We could do no less than observe to the Baron that the military institutions had put in his hands the Powers of vindicating the military authority. An enquiry or Trial before a military court is certainly proper: but Capt Turberville cannot & I dare say will not expect or desire it but when full evidence can be obtained. If it be necessary that it should await the papers which were transmitted me, they are now in the hands of the Attorney General to support a civil prosecution and cannot probably be for many Days withdrawn. Capt Turberville is an essential witness in the prosecution which is to be heard on the 23d inst and will then have the means of knowing when the papers can be spared. As a complete collection of our military & other Laws is very difficult to be procured and would be troublesome for you to consult, I have ordered the Militia Laws to be copied together & will transmit them to you in a few Days. Capt Turberville’s connection with Mr Hare’s flag gives me occasion to mention that matter to you. On my hearing (several days after it happened) that such an Officer and vessel had come up James River, I took the Liberty of mentioning it in a letter to Major General Baron Steuben, of asking the favor of his attention to it, & informing that it was more immediately within the military line, was under rules and usages with which he was much better acquainted than we were, we wished to leave it to him altogether to have done whatever was right. It was his opinion & it was & is ours that notwithstanding the Indecencies & Irregularities of Mr Hare’s conduct he & his vessel should have been discharged. He accordingly ordered it, but his order was not obeyed as to Mr. Hare’s person till so much time had elapsed as to render the discharge dangerous, it was therefore countermanded. As to the vessel, an Idea arose I know not on what grounds that she was drawn into litigation before a Court of Justice. This I am now informed is not the case. As we have never meddled with her we wish not to do it; but to leave with yourself to discharge both officer & flag whenever you shall think it proper to do so. In the meantime I doubt not you will think proper attention should be paid to the safe Custody of the vessel the persons & property belonging to her, & that she be kept under the military Power & clear of the civil. I send you subjoined a State of the militia called to the South Side of James River.1 If I understood Baron Steuben’s plan he wished to have 800 Virginia militia to operate on the Norfolk side with the Carolinians and 2260 on the Portsmouth side to operate with the Regulars making in the whole 3060 militia. In our first call expecting deficiencies we much exceeded these numbers taking into account the militia then in the field under General Muhlenburg, but finding these deficiencies greater than could have been expected we afterwards considerably augmented our calls. I also state the armed vessels now at Hoods under the direction of Capts Mitchell & Lewis, subject to your order. They are private property. Those of the Public in Chickahominy want men to supply which Orders have been sent to Captain Maxwell. TO HIS EXCELLENCY THE PRESIDENT OF CONGRESSj. mss. Richmond March 21st, 1781. Sir, —The inclosed letter will inform you of the arrival of a British fleet in the Chesapeake Bay. The extreme negligence of our Stationed Expresses is no doubt the cause why as yet no authentic account has reached us of a General Action which happened on the 15th instant, about a mile and a half from Guilford Court House between Genl. Greene & Ld Cornwallis. Capt. Singleton an intelligent Officer of Harrison’s Artillery who was in the action, is this moment arrived here and gives the general information that both parties were prepared and desirous for action. The Enemy were supposed about 2500 strong, our army about 4000. That after a warm and general engagement of about an hour and a half, we retreated about a mile and a half from the field in good order, having as he supposed between two and three hundred killed and wounded: The enemy between five and seven hundred killed and wounded; That we lost four pieces of Artillery: That the Militia as well as regulars behaved exceedingly well: That Genl. Greene, he believes, would have renewed the action the next day had it not proved rainy, & would renew it as soon as possible, as he supposes. That the whole of his Troops, both regulars and Militia were in high spirits and wishing a second engagement: That the loss has fallen pretty equally on the Militia and Regulars: That Genl. Stevens received a ball through the thigh: Major Anderson of Maryland was killed & captain Barrett of Washington’s Cavalry. Capt. Fauntleroy of the same Cavalry shot through the thigh & left on the field. Capt Singleton having left Camp the day after the Battle does not speak from particular returns, none such having been then made. I must inform your Excellency from him, till more regular applications can reach you, that they are in extreme want of lead, cartridge paper & bread. I think it improper, however it might urge an instantaneous supply, to repeat to you his state of the extent of their Stock of these articles. In a former letter I mentioned to you the failure of the vein of our Lead Mines which has left the Army here in a state of equal distress & danger. Look out Boats have been ordered from the Sea board of the E shore to apprise the Commander of the French fleet on its approach of the British being in the Chesapeake TO BRIGADIER-GENERAL GEORGE WEEDONv. s. a. Richmond March 21st, 1781. Sir, —As I am certainly informed by Commodore Baron that the Fleet arrived is British, I become anxious lest the expected French fleet not knowing of this Incident may come into the Bay. Should ye Marquis Fayette be returned to the North side of the river, I make no doubt that he will have taken what cautionary measures are in his power and necessary. Should he not be returned I must beg the favor of you immediately to send off a vessel from York to the Eastern shore (which is supposed to be practicable) with the enclosed letter to Colo. Avery the purport of which is to send out two good lookout boats from the sea side of that shore to apprize the French Commander should he be approaching of the situation of Things here. You will of course caution the master of the vessel to destroy the Letters confided to him in case of inevitable capture. TO MAJOR-GENERAL MARQUIS DE LAFAYETTEv. s. a. In Council. March 24th, 1781. Sir, —I am honored by your letter of the 20th inst. and am sorry that a want of ammunition should have abridged your intentions at Portsmouth. I have made enquiry what have been the issues of ammunition from the State Stores and am informed by returns that there has issued (naming principal articles only) To Thomas Smith acting for Major Prior 1000 lbs Cannon powder for York. To Captn Bohannon 6000 lbs Cannon powder To Major Pryor for Genl Muhlenburg’s camp 400 lbs musket powder 2100 lbs lead. To Capt Irish for the Continental Laboratory 3500 lbs musket powder and 3900 lbs lead.— Amounting to 10,900 lbs powder & 6000 lbs lead. These things being put into the hands of continental officers, whether made up, forwarded, or not are circumstances not afterwards coming to my knowledge. I asked the favor of Captn. Irish to inform me of his issues from the Continental Laboratory to which we sent 19 hands to aid him in preparing the ammunition. He made the enclosed return. I apprehend a considerable part of what he has issued is still on the road. He has 18,000 cartridges on hand and makes 3000 a Day. I am very sorry to inform you our stock of lead will not employ him much longer even at this slow rate. The vein of the mine on which we have hitherto depended failed some weeks ago, of this I immediately apprized Congress. Unless some speedy supplies are sent on, the Southern army as well as ours will immediately fail. I have lately again written to Congress on this subject and by Captain Rutlege ventured to send a particular state of the Southern Army in this point as reported to me by Captn. Singleton, the addition of your application would doubtless have great weight. It has not been generally expected that individual States should provide more ammunition on their own accounts than to repel occasional Attacks or to oppose a permanent enemy until supplies & support could be forwarded from the Continental stock. Our State stores however have been constantly applying to the use of the Southern Army from the taking of Charleston to this time and our own Army from the first of October last. I mention these Things not with an Idea of withholding as long as we have a grain, but to enable to shew that aids of military stores from the Continental stock are as reasonable as they are necessary. As to provisions I have been incessant with the Commissary to see that the quantity before ordered be in readiness. He has constantly assured me that he has much more than has been required. Were the articles such as are lodged in Store-houses I would send an Officer to examine his stores actually, but they consist mostly of stalled beeves divided among the counties which it would be improper to bring together till wanted. He has a vessel under the care of the armed vessels in this river loaded with Flour, which he says contains half the quantity required and the whole may be water borne the moment it is wanted. He has no hard bread, but he is instructed to provide it. I shall not cease to recall his attention to it. I am anxious to hear from you since the appearance of this British fleet. It is said by a Captn. Reeves who came out of Portsmouth since their arrival that there was a partial engagement between that & the French Fleet off our Capes in which neither party sustained the loss of any vessel or other considerable damage. Immediately on learning their arrival I communicated by the stationed Expresses to Governor Lee, the President of Congress & General Washington. I suppose this will put an end to the design of Portsmouth, or place it at a distance; in either case the militia who have had a tour of Duty so unusually long are entitled to be discharged by a special promise so soon as those newly called on shall rendezvous in sufficient numbers to replace them. Great cautions are requisite on the discharge of militia to prevent their carrying away their arms and ammunition. Another reason induces me to wish an information of your present views, which is that if there be a probability that the private armed vessels we have impressed may not be wanting. I should be glad to discharge them as they are heavy daily Expence and risk. I do myself the pleasure of transmitting to you the Militia Laws according to Your desire. I will beg the favor to send the enclosed letter to the Britsh Commanding Officer at Portsmouth by Flag whenever you shall think proper. Indeed I wish it might suffice to deliver it to the naval Commander as nothing can be so disagreeable to me as to be compelled to a correspondence with the other.1 On the resignation of Colo. Muter as Commissioner of the war office we have appointed Colo. Davies to succeed him. The due execution of the duties of this office are of extreme importance to the State and indeed to the Continent, while an army continues either here or in the South. Some difficulties on the subject of rank and other emoluments prevent his absolute acceptance. He has however accepted conditionally and we are applying to Congress to settle the points on which he hesitates. In the meantime as the duties of the office do not admit a Days intermission in the present Situation of Things, give me leave to solicit his excuse for quitting the charge at Chesterfield Courthouse without awaiting a regular Licence & your permission to him to continue here till we receive the Determination of Congress. TO THE COMMANDING OFFICER OF THE BRITISH FORCE AT PORTSMOUTH (MAJOR-GENERAL BENEDICT ARNOLD)v. s. a. In Council, March 24th, 1781. Sir, —Some of the citizens of this State taken prisoners when not in arms and enlarged on parole have reported the Commanding Officer as affirming to them that they should be punished with Death if found in Arms. This has given occasion to the enclosed Resolution of the General Assembly of this State. It suffices to observe at present that by the Law of nations, a breach of parole (even where the validity of parole is not questioned) can only be punished by strict confinement. No usage has permitted the putting to Death a prisoner for this cause. I would willingly suppose that no British Officer had ever expressed a contrary purpose. It has however become my duty to declare that should such a Threat be carried into Execution, it will be deemed as putting prisoners to death in cold blood, and shall be followed by the Execution of so many British prisoners in our possession. I trust however that this horrid necessity will not be introduced by you and that you will on the contrary concur with us in endeavouring as far as possible to alleviate the inevitable miseries of war by treating captives as Humanity and natural honour requires. The event of this contest will hardly be affected by the fate of a few miserable captives in war. CIRCULAR-LETTER TO THE COUNTY LIEUTENANTSv. s. a. In Council. March 26th, 1781. Sir, —I enclose you by express three Acts of the last session of Assembly for ascertaining the number of militia in the State exempting Artificers employed at Iron works from militia duty and remedying the inconveniences arising from the Interruption of the Draught and the procuring Clothes Provisions & waggons for the Army. On the approach of Lord Cornwallis to this State & a representation of the want of Horses to mount our Dragoons two warrants were enclosed to General Greene for impressing Dragoon horses. The persons to whom these warrants have been entrusted having taken as was said Horses of much greater value than have been allowed for that service, the General-Assembly directed that no further Impresses under them should be made of horses of more than the value of £50 Specie and that those of a higher price already Impressed shld be returned to their owners. We have taken such measures as were in our power to carry the Resolution into effect, but as the Impresses pasing continually from Place to Place may not be notified of the Resolutions of Government, I must beg the favor of you to take measures for making them known to any such who may be in your County and for effecting their execution. It is probable that most of the valuations have been made in paper money. From another Resolution from Assembly we are led to fix on £5000 paper, as the value above which no such Horse shall be impressed or retained. We expect to send a vessel shortly with a flag from this Place to Charles Town with tobacco to be disposed of for our Captive Officers and soldiers there. Be so good as to give notice to the friends of any of them within your County that any articles that they may think proper to send for their Relief by that conveyance shall have a free passage if ready to be delivered here by the last of April, & not too much for the share room of the vessel. The number of deserters from the British army who have taken refuge in this State is now considerably & daily augmenting. These people notwithstanding their coming over to us, being deemed in Law alien Enemies and as such not admissible to be citizens are not within the scope of the Militia and Invasion Laws, under which citizens alone can be embodied. I thought it necessary to observe this to you lest any Error in this point should creep into practice by incorporating those persons in the Militia of the State. TO THE REV. JAMES MADISON AND ROBERT ANDREWSv. s a. Richmond. March 31st, 1781. Sir, —The principal on which the Boundary between Pennsylvania and this State is to be run having been fixed it is now proposed by President Reid that Commissioners proceed to execute the work from the termination of Mason and Dixons Line to the completion of five Degrees of Longitude and thence on a meridian to the Ohio. We propose that the extent of the five Degrees of longitude shall be determined by celestial observation. Of course it will require one set of Astronomers to be at Philadelphia and another at Port Pitt. We ask the favor of yourselves to undertake this business the one to go to the one place, the other to the other, meaning to add a coadjutor to each of you. Good instruments can be furnished no doubt at Philadelphia; but for the Pittsburg observations we must sollicit the proper instruments from your corporations which we will undertake to return in good order; or if injured to replace them. I therefore beg the favor of you to sollicit the Loan of those Instruments. With respect to yourselves we shall furnish money for your necessary & comfortable Expenses, the covered waggon which conveys the Instruments will take any luggage necessary for your accommodation. And we will give you moreover 150 bars of Tobacco a Day each dischargeable in current money at the rate affixed by the grand Jury at the General Court next preceding paiment. It will be necessary to proceed in this business as soon as the General mode shall have been agreed between the two States. Perhaps a meeting of the Commissioners at Baltimore will be previously requisite to settle particulars. I am to request an immediate answer to this as I delay proposing to President Reid this mode of locating the boundary until I know whether we can get the Execution of it undertaken by Gentlemen who will do us credit and justice. TO THE PRESIDENT OF CONGRESS (SAMUEL HUNTINGTON)j. mss. Richmond March 31st, 1781. Sir, —The letters and papers accompanying this will inform your Excellency of the arrival of a British flag Vessel with clothing, refreshments, money &c—for their prisoners under the convention of Saratoga. The Gentlemen conducting them, have, on supposition that the Prisoners, or a part of them still remained in this State, applied to me by letters, copies of which I transmit your Excellency, for leave to allow water transportation as far as possible, and then for themselves to attend them to the Post where they are to be issued. These indulgences were usually granted them here, but the Prisoners being removed, it becomes necessary to transmit the application to Congress for their direction. In the meantime the flag will wait in James river. Our intelligence from Genl Greene’s camp as late as the 24th, is, that Ld Cornwallis’s march of the day before had decided his route to cross creek. The amount of the reinforcements to the enemy arrived at Portsmouth is not yet known with certainty.1 Accounts differ from 1500 to much larger numbers. We are informed they have a considerable number of Horse. The affliction of the People for want of arms is great, that of ammunition is not yet known to them. An apprehension is added that the enterprise on Portsmouth being laid aside, the troops under the Marquis Fayette will not come on. An Enemy 3000 strong, not a regular in the State, nor arms to put into the hands of the Militia are indeed discouraging circumstances. TO MAJOR-GENERAL PHILLIPS, OR OTHER THE COMMANDING OFFICER OF THE FORCES OF HIS BRITANNIC MAJESTY BY SEA OR BY LAND IN VIRGINIAv. s. a. Richmond, March 31st, 1781. Sir, —I have duly received your favor dated New York, March 8th. The removal of the German Troops of Convention also from this State was a circumstance probably not known to you at that Date. I am as yet uninformed of the Post at which they have been stationed, but believe it to be York Town and Lancaster in Pennsylvania, the nearest navigation to which is the Head of Chesapeake Bay. The permissions desired for facilitating the Delivery of the stores on board the Flag are consequently not within our Gift; but I have forwarded the applications to Congress and shall hope shortly to communicate their consent to the Gentlemen conducting the Flag. General Scott the Commanding Officer of the Virginia Line in Captivity at Charles Town, sollicited & obtained from the Commandant there a license to us to send Tobacco in any quantity for the Relief of our Officers there. I take the Liberty of enclosing to you a copy of an extract from his letter on that subject to the Commandant and the answer he received as furnished me by General Scott. I do not expect that such a copy without a passport or other authentic Document from any British Officer would be sufficient protection to the vessels which should go charged with this Tobacco. I would therefore beg the favor of you to indulge us with a Passport, in which I should not object to the Insertion of cautionary provisions rendering the Passport invalid if the License should not have been really obtained as the copy of the Letter imports. All I ask is that the vessel or vessels may be protected to Charles Town and to rest for safety there on what has passed between the Commandant and General Scott. Being informed that the command of the British Land Force within this State was in yourself I am encouraged to make the application to you. Should it have been made more properly to the Naval Commanding Officer give me leave to ask the favor of your handing it to him. CORRESPONDENCE AND MISCELLANEOUS WRITINGS
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