of whim and caprice, or, what is worse, of cruelty, fixed on us as a nation, and, to crown the whole, our own people disgusted with such a proceeding. I have thus taken the liberty of representing to you the facts and the reasons, which seem to militate against the separation or removal of these troops. I am sensible, however, that the same subject may appear to different persons in very different lights. What I have urged as reasons, may, to sounder minds, be apparent fallacies. I hope they will appear, at least, so plausible, as to excuse the interposition of your Excellency's most obedient and most humble servant, TH: JEFFERSON. DEAR PAGE, LETTER VI. TO JOHN PAGE. Williamsburg, January 22, 1779. I received your letter by Mr. Jamieson. It had given me much pain, that the zeal of our respective friends should ever have placed you and me in the situation of competitors. I was comforted, however, with the reflection, that it was their competition, not ours, and that the difference of the numbers which decided between us, was too insignificant to give you a pain, or me a pleasure, had our dispositions towards each other been such as to admit those sensations. I know you too well to need an apology for any thing you do, and hope you will for ever be assured of this; and as to the constructions of the world, they would only have added one to the many sins for which they are to go to the devil. As this is the first, I hope it will be the last, instance of ceremony between A desire to see my family, which is in Charles City, carries me thither to-morrow, and I shall not return till Monday. Be pleased to present my compliments to Mrs. Page, and add this to the assurances I have ever given you, that I am, dear Page, us. your affectionate friend, TH: JEFFERSON. SIR, LETTER VII. TO HIS EXCELLENCY GENERAL WASHINGTON. Williamsburg, June 23, 1779. I have the pleasure to enclose you the particulars of Colonel Clarke's success against St. Vincennes, as stated in his letter but lately received; the messenger, with his first letter, having been killed. I fear it will be impossible for Colonel Clarke to be so strengthened, as to enable him to do what he desires. Indeed, the express who brought this letter, gives us reason to fear, St. Vincennes is in danger from a large body of Indians, collected to attack it, and said, when he came from Kaskaskias, to be within thirty leagues of the place. I also enclose you a letter from Colonel Shelby, stating the effect of his success against the seceding Cherokees and Chuccamogga. The damage done them, was killing half a dozen, burning eleven towns, twenty thousand bushels of corn, collected probably to forward the expeditions which were to have been planned at the council which was to meet Governor Hamilton at the mouth of Tennessee, and taking as many goods as sold for twenty-five thousand pounds. I hope these two blows coming together, and the depriving them of their head, will, in some measure, effect the quiet of our frontiers this sum mer. We have intelligence, also, that Colonel Bowman, from Kentucky, is in the midst of the Shawnee country, with three hundred men, and hope to hear a good account of him. The enclosed order being in its nature important, and generally interesting, I think it proper to transmit it to you, with the reasons supporting it.* It will add much to our satisfaction, to know it meets your approbation. I have the honor to be, with every sentiment of private respect and public gratitude, Sir, your most obedient and most humble servant, TH: JEFFERSON. P. S. The distance of our northern and western counties from the scene of southern service, and the necessity of strengthening our western quarter, have induced the Council to direct the new levies from the counties of Yohogania, Ohio, Monongalia, Frederick, Hampshire, Berkeley, Rockingham, and Greenbrier, amounting [* For the letter of Colonel Clarke, and the order referred to, see Appendix, note A.] to somewhat less than three hundred men, to enter into the ninth regiment at Pittsburg. The aid they may give there, will be so immediate and important, and what they could do to the southward, would be so late, as, I hope, will apologize for their interference. T. J. SIR, LETTER VIII. TO HIS EXCELLENCY GENERAL WASHINGTON. Williamsburg, July 17, 1779. I some time ago enclosed to you a printed copy of an order of Council, by which Governor Hamilton was to be confined in irons, in close jail, which has occasioned a letter from General Phillips, of which the enclosed is a copy. The General seems to think that a prisoner on capitulation cannot be put in close confinement, though his capitulation should not have provided against it. My idea was, that all persons taken in war, were to be deemed prisoners of war. That those who surrender on capitulation (or convention) are prisoners of war also, subject to the same treatment with those who surrender at discretion, except only so far as the terms of their capitulation or convention shall have guarded them. In the capitulation of Governor Hamilton (a copy of which I enclose), no stipulation is made as to the treatment of himself, or those taken with him. The Governor, indeed, when he signs, adds a flourish of reasons inducing him to capitulate, one of which is the generosity of his enemy. Generosity, on a large and comprehensive scale, seems to dictate the making a signal example of this gentleman; but waving that, these are only the private motives inducing him to surrender, and do not enter into the contract of Colonel Clarke. I have the highest idea of those contracts which take place between nation and nation, at war, and would be the last on earth to do any thing in violation of them. I can find nothing in those books usually recurred to as testimonials of the laws and usages of nature and nations, which convicts the opinions I have above expressed of error. Yet there may be such an usage as General Phillips seems to suppose, though not taken notice of by these writers. I am obliged to trouble your Excellency on this occasion, by asking of you information on this point. There is no other person, whose decision will so authoritatively decide this doubt in the public mind, and none with which I am disposed so implicitly to comply. If you shall be of opinion that the bare existence of a capitulation, in the case of Governor Hamilton, privileges him from confinement, though there be no article to that effect in the capitulation, justice shall most assuredly be done him. The importance of this point, in a public view, and my own anxiety under a charge of violation of national faith by the Executive of this Commonwealth, will, I hope, apologize for my adding this to the many troubles with which I know you to be burdened. I have the honor to be, with the most profound respect, your Excellency's most obedient and most humble servant, TH: JEFFERSON. P. S. I have just received a letter from Colonel Bland, containing information of numerous desertions from the Convention troops, not less than four hundred in the last fortnight. He thinks he has reason to believe it is with the connivance of some of their officers. Some of these have been retaken, all of them going northwardly. They had provided themselves with forged passports, and with certificates of having taken the oath of fidelity to the State; some of them forged, others really given by weak magistrates. I give this information to your Excellency, as perhaps it may be in your power to have such of them intercepted as shall be passing through Pennsylvania and Jersey. Your letter enclosing the opinion of the board of war in the case of Allison and Lee, has come safe to hand, after a long passage. It shall be answered by next post. T. J. SIR, LETTER IX. TO HIS EXCELLENCY GENERAL WASHINGTON. Williamsburg, October 1, 1779. On receipt of your letter of August 6th, during my absence, the Council had the irons taken off the prisoners of war. When your advice was asked, we meant it should decide with us; and upon my return to Williamsburg, the matter was taken up and the enclosed advice given.* A parole was formed, of which the enclosed is a copy, and tendered to the prisoners. They objected to that part of it which restrained them from saying any thing to [* See Appendix, note B.] the prejudice of the United States, and insisted on 'freedom of speech.' They were, in consequence, remanded to their confinement in the jail, which must be considered as a voluntary one, until they can determine with themselves to be inoffensive in word as well as deed. A flag sails hence to-morrow to New York, to negotiate the exchange of some prisoners. By her I have written to General Phillips on this subject, and enclosed to him copies of the within; intending it as an answer to a letter I received from him on the subject of Governor Hamilton. I have the honor to be, Sir, your most obedient and most humble servant, TH: JEFFERSON. SIR, LETTER X. TO HIS EXCELLENCY GENERAL WASHINGTON. Williamsburg, October 2, 1779. Just as the letter accompanying this was going off, Colonel Mathews arrived on parole from New York, by the way of headquarters, bringing your Excellency's letter on this subject, with that of the British commissary of prisoners. The subject is of great importance, and I must, therefore, reserve myself to answer after further consideration. Were I to speak from present impressions, I should say it was happy for Governor Hamilton that a final determination of his fate was formed before this new information. As the enemy have released Captain Willing from his irons, the Executive of this State will be induced perhaps not to alter their former opinion. But it is impossible they can be serious in attempting to bully us in this manner. We have too many of their subjects in our power, and too much iron to clothe them with, and, I will add, too much resolution to avail ourselves of both, to fear their pretended retaliation. However, I will do myself the honor of forwarding to your Excellency the ultimate result of Council on this subject. In consequence of the information in the letter from the British commissary of prisoners, that no officers of the Virginia line should be exchanged till Governor Hamilton's affair should be settled, we have stopped our flag, which was just hoisting anchor with a load of privates for New York. I must, therefore, ask the |