prifoners to the United States, and all feamen to the naval forces of his most Christian Majesty. ANS. Granted. ART. II. The ordnance, arms, cloathing, military chefts, as well as all storehouses whatever, shall be delivered up to the heads of the different departments appointed to receive the fame. ANS. Granted. ART. III. This day at twelve o'clock at noon, a detachment of American infantry fhall be put in poffeffion of one of the redoubts, fituate to the left of York; the other to be given up to a detachment of French grenadiers. The garrison of York fhall march out to a spot agreed upon, their firelocks refting on their arms, their colours muffled up, and their drums either beating an English or a German march. They fhall next lay down their arms, and return to their camp, till they are made acquainted with their deftination. At one o'clock P. M. two works of Gloucester shall be surrendered to French and American detachments, fent to occupy the fame. The garrison of the latter fhall march out at three o'clock P. M. The cavalry with their drawn fwords, their trumpets founding, and the infantry shall file off in the same manner as the garrifon of York, and then return to their camp till it is totally evacuated. ANS. Granted. ART. IV. The officers shall keep their fide arms. They, as well as the foldiers, shall preserve their private property, of what kind foever. No part of their baggage or papers fall be liable to be ranfacked, or examined. This article extends alfo to the officers and foldiers taken during the fiege-It is to be understood, that the property belonging to the inhabitants of this State, which fhail vily appear to be in the poffeffion of the garrifon, may be claimed. ANS. Granted. ART. V. The foldiers, divided into regiments as much as possible, fhall remain in Virginia, Maryland, or Pennsylvania; and thall have the fame allowance as is given to the troops ferving in America. A fuperior officer of each nation, viz. English, Anfpach, Heffian, and other officers on their parole, at the rate of one to fifty men, fhall be at liberty to refide with their regiments, vifit them often, and be an eye witness to their treatment. Thefe officers fhall receive, and diftribute among their men, cloathing and other neceffaries: paffports shall be granted when applied for, to that purpose. ANS. Granted. ART. VI. The General, civil officers, and others, not employed, as mentioned in the foregoing article, on their applying for leave hall be at liberty to go on their parole to England, New-York, or other place in America, now in the poffeffion of the British fortheir own option. The Compte de Graffe will fupply them gs of truce within ten days from the date hereof, if poffible : ile a place fhall be appointed for their refidence till they can This article extends to all civil officers employed in the army T 4 army and navy. Paffports to go by land fhall be granted to thofe for whom fhips could not be provided. ANS. Granted. ART. VII. The officers shall have leave to retain foldiers in their fervice, as domestics, according to the ufual custom of the army. Such fervants, as are not foldiers, fhall not be confidered as prisoners, but be at full liberty to follow their masters. ANS. Granted. ART. VIII. The floop of war, Bonnetta, fhall be manned, and commanded by its own Captain and crew, and entirely left at the difpofal of Lord Cornwallis, from the moment that he fhall have figned the capitulation. The aid-de-camp, with the difpatches for Sir Henry Clinton, may embark on board the faid floop. Such foldiers as Lord Cornwallis may think proper to fend to New-York, fhall be at liberty to take their paffage, without being fearched, as foon as the British general's dispatches are ready. His lordship pledging himself that the floop, fave the dangers of the fea, fhall be returned to Compte de Graffe. That no public property fhall be put on board, and that proper amends shall be made for those of the fea and landmen, as may be miffing on return. ANS. Granted. ART. IX. Merchants shall keep their property, and have the space of three months for carrying off, or otherwise difpofing of the fame. They are not to be confidered as prisoners of war. ANS. Merchants may difpofe of their property; the preference of purchase to be granted to the combined armies. The faid merchants fhall be deemed prifoners of war upon parole. ART. X. The natives or inhabitants of this country in all its diftricts now in York or Gloucefter, fhall not be molested for having joined the British army. ANS. Inadmiffible; as it concerns a matter of civil government. ART. XI. Hofpitals shall be provided for the fick and wounded, who are to be attended by their own furgeons upon parole; drugs and medicines to be found by the American hofpitals. ANS. The hospital store-houses, which are now extant in York and Gloucester, fhall be applied to the use of the fick and wounded of the English. Paffports fhall be granted for them to be further fupplied from New-York, as occafion may require. Hofpitals will be provided for the fick and wounded of both garrifons. ART. XII. Waggons fhall be provided at the public expence, for carrying the baggage of thofe officers who are to remain with the foldiers, and alfo of the furgeons, when upon their journies to vifit the fick and wounded. ANS. Granted-if waggons can be procured. ART. XIII. All the shipping in the two harbours, with all their flores, cannon, and rigging, shall be delivered up in ftatu quo to a navy officer appointed for that purpose; the private property which was on board for fafety, during the fiege, being firft taken out. ANS. Granted. ART, ART. XIV. No article of this capitulation is to be violated, under any pretence of making reprifals. If there be any doubtful expreffion, the sense thereof shall be taken according to the ufual and obvious meaning of the words. ANS. Granted. Given at York in Virginia, the 10th day of October, 1781. (Signed) CORNWALLIS. THO. SYMONDS. Return of the killed, wounded, and miffing, of the following corps, from the 28th of September to the 19th of October, 1781. Royal artillery-24 rank and file killed; 21 ditto wounded; 2 ditto miffing. Guards-1 ferjeant, 3 rank and file, killed; 1 ferjeant, 21 rank and file, wounded. Light infantry-1 lieutenant, 3 ferjeants, 24 rank and file, killed; 3 lieutenants, 2 ferjeants, I drummer, 51 rank and file, wounded. 17th regiment-1 drummer killed; I ferjeant, 6 rank and file, wounded. 23d reg.-2 lieutenants, I ferjeant, 8 rank and file, killed; 3 ferjeants, 2 drummers, 15 rank and file, wounded. 33d reg.-I captain, 7 rank and file, killed; 1 lieutenant, I ferjeant, 10 rank and file, wounded; I fubaltern, 7 rank and file, miffing. 43d reg.-1 ferjeant, 9 rank and file, killed; I ferjeant, I drummer, 16 rank and file, wounded; I captain, 11 rank and file, miffing. 71ft reg.- lieutenant, 9 rank and file, killed; 3 drummers, 19 rank and file, wounded; I major, 10 rank and file, miffing. 76th reg.-1 drummer, 5 rank and file, killed; I lieutenant, 4 rank and file, wounded. 80th reg.-I rank and file, killed; 12 ditto, wounded; I captain, 9 rank and file, miffing. Two battalions Anfpach-1 ferjeant, 11 rank and file, killed; 4 ferjeants, 30 rank and file, wounded. Prince Hereditaire-2 ferjeants, 2 drummers, 19 rank and file, killed; 7 ferjeants, I drummer, 49 rank and file, wounded; 2 ferjeants, 14 rank and file, miffing. Reg. du Bofe-1 captain, 4 ferjeants, 13 rank and file, killed; I enfign, 4 ferjeants, 3 drummers, 32 rank and file, wounded; I ferjeant, 10 rank and file, miffing. Total-2 captains, 4 lieutenants, 13 ferjeants, 4 drummers, 133 rank and file, killed.-55 lieutenants, I enfign, 24 ferjeants, II drummers, 285 rank and file, wounded. —I major, 2 captains, 1 subaltern, 3 ferjeants, 63 rank and file, miffing. Rank Rank and names of Officers in the above return. Hon. Major Cochrane, acting aid de camp to Lord Cornwallis, killed. Light Infantry-Lieut. Campbell, 74th, killed. Lieut. Lyfter, 63d ditto, wounded, fince dead. Lieut. Dunn, 63d ditto, wounded, fince dead. Lieut. Lightburne, 37th ditto, wounded. 23d reg.-Lieuts. Muir and Guyon, killed. 33d reg.-Capt. Kerr, killed; Lieut. Curson, wounded. 71ft reg.-Lieut. Frafer, killed. 76th reg.-Lieut. Robertfon, wounded. Captain Rall, killed. Enfign Sprangenberg, wounded. Commiffary Perkins, killed. (Signed) J. DESPARD, Dep. Adj. Gen. Note 240. Fleet under the command of Rear-Admiral Graves. (See Note 229.) Note 241. Letter from Earl Cornwallis to Sir Henry Clinton, dated York-town, Virginia, Oct. 15, 1781. Laft evening the enemy carried my two advanced redoubts on the left by ftorm, and during the night have included them in their fecond parallel, which they are at prefent bufy in perfecting. My fituation now becomes very critical. We dare not fhew a gun to their old batteries, and I expect their new ones will be open tomorrow morning. Experience has fhewn that our fresh earthen works do not re&ift their powerful artillery, fo that we shall foon be exposed to an affault in ruined works, in a bad pofition, and with weakened numbers. The fafety of the place is therefore fo precarious, that I cannot recommend that the fleet and army should run great rifque in endeavouring to fave us. I have the honour to be, CORNWALLIS. Note 242. Lift of Privateers, &c. taken by Admiral Edwards' Squadron. Alfo, a fhip called the Mercury, from Pifcataway, laden with lumber; and retook the Martha, from Montego bay, and the Lockhart Rofs. Note 243. Lift of the Squadron under Commodore Johnstone, on the coaft of Portugal. Ships of War taken, which Commodore Johnstone commiffioned as follows: Note 244. Commodore Johnstone's Letter to Ld. Hillsborough. On the 12th of June we were in the latitude of 26, 9 S. and longitude, 24 W. and here I detached the Jafon, Active, Rattlefnake, and Lark, to precede the fleet, in order to gain intelligence. On the 9th of July in the evening, being in the rendezvous given to the above named fhips, they rejoined us, together with the prize Heldwoltemade, a Dutch East India-fhip, lately commanded by Captain Vrolyk, bound to Ceylon, loaded with ftores and provifions, and about forty thoufand pounds in bullion. This prize, Heldwoltemade, had come laft from Saldanha bay; she failed the 28th of June. She ftruck to the Active on the 1st of July. From Captain Pigot I received a body of intelligence, digested by Lieutenant d'Auvergne, a very promifing young officer; it contained, as your Lordship will observe, a certain account, that Monf. Suffrein had arrived in Falfe Bay, on the first of June, with his five fhips of the line, and the greatest part of his tranfports, and that there were five Dutch East India fhips at anchor in the bay of Saldanha; I therefore refolved to enter the Bay; I fteered to the north |