TO HIS EXCELLENCY GENERAL WASHINGTON. WILLIAMSBURG, October 1, 1779. SIR,-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 anything to 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 : * IN COUNCIL, September 29th, 1779. The board having been, at no time, unmindful of the circumstances attending the confinement of Lieutenant Governor Hamilton, Captain Lamothe and Philip Dejean, which the personal cruelties of those men, as well as the general conduct of the enemy, had constrained them to advise wishing, and willing to expect, that their sufferings may lead them to the practice of humanity, should any future turn of fortune, in their favor, submit to their discretion the fate of their fellow-creatures; that it may prove an admonition to others, meditating like cruelties, not to rely for impunity in any circumstances of distance or present security; and that it may induce the enemy to reflect, what must be the painful consequences, should a continuation of the same conduct on their part, impel us again to severities, while such multiplied subjects of retaliation are within our power: sensible that no impression can be made on the event of the war, by wreaking vengeance on miserable captives; that the great cause which has animated the two nations against each other, is not to be decided by unmanly cruelties on wretches, who have bowed their necks to the power of the victor, but by the exercise of honorable valor in the field: earnestly hoping that the enemy, viewing the subject in the same light, will be content to abide the event of that mode of decision, and spare us the pain of a second departure from kindness to our captives: confident that commiseration to our prisoners is the only possible motive to which can be candidly ascribed, in the present actual circumstances of the war, the advice we are now about to give; the board does advise the Governor to send Lieutenant Governor Hamilton, Captain Lamothe and Philip Dejean, to Hanover courthouse, there to remain at large, within certain reasonable limits, taking the parole in the usual manner. The Governor orders accordingly. ARCH: BLAIR, C. C. Ordered, that Major John Hay be sent, also, under parole, to the same place. ARCH: BLAIR, C. C. 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. TO HIS EXCELLENCY GENERAL WASHINGTON. WILLIAMSBURG, Oct. 2, 1779. SIR, Just as the letter accompanying this was going off, Colonel Mathews arrived on parole from New York, by the way of head-quarters, bringing your Excellency's letter, on his 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 favor of your Excellency to forward the enclosed by flag, when an opportunity offers, as I suppose General Phillips will be in New York before it reaches you. I have the honor to be, Sir, with the greatest esteem, Your most obedient, and most humble servant. TO HIS EXCELLENCY GENERAL WASHINGTON. IN COUNCIL, Oct. 8, 1779. SIR,-In mine of the second of the present month, written in the instant of Colonel Mathews' delivery of your letter, I informed you what had been done on the subject of Governor Hamilton and his companions, previous to that moment. I now enclose you an advice of Council,* in consequence of the letter you were pleased to enclose me, from the British commissary of prisoners, with one from Lord Rawdon; also a copy of my letter to Colonel Mathews, enclosing, also, the papers therein named. The advice of Council to allow the enlargement of prisoners, on their giving a proper parole, has not been recalled, nor will be, I suppose, unless something on the part of the enemy should render it necessary. I rather expect, however, that they will see it their interest to discontinue this kind of conduct. I am afraid I shall hereafter, perhaps, be obliged to give your Excellency some trouble in aiding me to obtain information of the future usage of our prisoners. I shall give immediate orders for having in readiness every engine which the enemy have contrived for the destruction of our unhappy citizens, captured by them. The presentiment of these operations is shocking beyond expression. I pray heaven to avert them; but nothing in this world will do it, but a proper conduct * IN COUNCIL, October 8th, 1779. The Governor is advised to take proper and effectual measures for knowing, from time to time, the situation and treatment of our prisoners by the enemy, and to extend to theirs, with us, a like treatment, in every circumstance; and, also, to order to a proper station, the prison ship fitted up on recommendation from Congress, for the reception and confinement of such prisoners of war as shall be sent to it. ARCH: BLAIR, C. C. in the enemy. In every event, I shall resign myself to the hard necessity under which I shall act. I have the honor to be, with great regard and esteem, your Excellency's most obedient, and most humble servant. TO COLONEL MATHEWS. IN COUNCIL, October, 1779. SIR,-The proceedings respecting Governor Hamilton and his companions, previous to your arrival here, you are acquainted with. For your more precise information, I enclose you the advice of Council, of June the 16th, of that of August the 28th, another of September the 19th, on the parole tendered them the 1st instant, and Governor Hamilton's letter of the same day, stating his objections, in which he persevered: from that time his confinement has become a voluntary one. You delivered us your letters the next day, when the post being just setting out, much business prevented the Council from taking them into consideration. They have this day attended to them, and found their resolution expressed in the enclosed advice, bearing date this day. It gives us great pain that any of our countrymen should be cut off from the society of their friends and tenderest connections, while it seems as if it was in our power to administer relief. But we trust to their good sense for discerning, and their spirit for bearing up against the fallacy of this appearance. Governor Hamilton and his companions were imprisoned and ironed, 1st. In retaliation for cruel treatment of our captive citizens by the enemy in general. 2d. For the barbarous species of warfare which himself and his savage allies carried on in our western frontier. 3d. For particular acts of barbarity, of which he himself was personally guilty, to some of our citizens in his power. Any one of these charges was sufficient to justify the measures we took. Of the truth of the first, yourselves are witnesses. Your situation, indeed, seems to have been better since you were sent to New York; but reflect on what you suffered before that, and knew others of your countrymen to suf fer, and what you know is now suffered by that more unhappy part of them who are still confined on board the prison ships of the enemy. Proofs of the second charge, we have under Hamilton's own hand; and of the third, as sacred assurances as human testimony is capable of giving. Humane conduct on our part was found to produce no effect; the contrary, therefore, was to be tried. If it produces a proper lenity to our citizens in captivity, it will have the effect we meant; if it does not, we shall return a severity as terrible as universal. If the causes of our rigor against Hamilton were founded in truth, that rigor was just, and would not give right to the enemy to commence any new hostilities on their part; and all such new severities are to be considered, not as retaliation, but as original and unprovoked. If those causes were not founded in truth, they should have denied them. If, declining the tribunal of truth and reason, they choose to pervert this into a contest of cruelty and destruction, we will contend with them in that line, and measure out misery to those in our power, in that multiplied proportion which the advantage of superior numbers enables us to do. We shall think it our particular duty, after the information we gather from the papers which have been laid before us, to pay very constant attention to your situation and that of your fellow prisoners. We hope that the prudence of the enemy will be your protection from injury; and we are assured that your regard for the honor of your country, would not permit you to wish we should suffer ourselves to be bullied into an acquiescence, under every insult and cruelty they may choose to practice, and a fear to retaliate, lest you should be made to experience additional sufferings. Their officers and soldiers, in our hands are pledges for your safety: we are determined to use them as such. Iron will be retaliated by iron, but a great multiplication on distinguished objects: prison ships by prison ships, and like for like in general. I do not mean by this to cover any officer who has acted, or shall act improperly. They say Captain Willing was guilty of great cruelties at the Natches; if so, they do right in punishing him. I would use any powers I have, for the punishment of any officer of our own, who should |