Hay Habertom Porter, Nalost, ان 1780 (BY AUTHORITY.) COPIES 0 B L E T T E R S, A N D ARTICLES OF CAPITULATION. APRIL 10 MAY 11, 1789 SOUTH-CAROLINA: Printed by ROBERTSON, MACDONALD & CAMERON. . ro (ES) OPI E S booty No. 1. SUMMONS to Major General LINCOLN, 10th April, 1780, with his Anſwer of the ſame Date. SI IR Henry CLINTON, K. B. General and Commander in Chief of his Majeſty's Forces, in the Colonies, laying on the Atlantic, from Novaa Scotia, &c. &c. &c. and Vice-Admiral ARBUTHNOT, Commander in Chief of his Majeſty's Ships in North-America, &c. &c. &c. regret ting the Effuſion of Blood, and the Diſtreſſes which muſt now com. mence, deem it conſonant to Humanity to warn the Town and Garriſon of Charles-Town of the Havock and Deſolation with which they aro threatened from the formidable Force ſurrounding them by Land and Sea. TOTUSIVU sozu An Alternative is offered at this Hour to the Inhabitants of ſaving their Lives and Property, (contained in the Town) or of abiding by the fatal Conſequences of a Cannonade and Storm. Should the Place in a fallacious Security, or its Commander in a warton Indifference to the Fate of its Inhabitants delay the Surrender; or ſhould Public Stores or Shipping be deſtroyed, the Reſentment of an exaſperated Soldiery may intervene, but the ſame mild and compaſſionate Offer can never be renewed. The reſpective Commanders who hereby Summons the Town, do not apprehend fo raſh a Part as further Reſiſtance will be taken; but rather that the Gates will be opened and themſelves received with a Degree of Confidence which will forbode farcher Reconciliation No. II. HEAD-QUARTERS, Charles-Town, April 10, 1780. GENTLEMEN, OTTA I HAVE received your Summons of this Date --Sixty Days have paſſed - fince it has been known that your Intentions againſt this Town werd hoſtile, in which, Time has been afforded to abandon it--but Duty and Inclination point to the Propriety of ſupporting it to the laſt Extremity, I have the Honour to be ol loyibolla Your Excellency's humble Servant, 02 B. LINCOLN wor you as an woogiling eqois diss ULTRA rodia donazolisamba dodania 11 sobald Ligh (Signed ( 2 ) Major General LINCOLN, to Sir Henry Clinton, K. B. propoſing Articles of CAPITULATION, with Sir Henry CLINTON'S Answer, and the ARTICLES of CAPITULATION. ANSWER No. III. Charles-Town, April 21, 1780. SIR I AM willing to enter into the Confideration of Terms of Capitulation--- If ſuch can be obtained as are honourable for the Army, and ſafe for the Inhabitants. I have to propoſe a Ceſſation of Hoftilities for fix Hours, for the Purpoſe of digeſting ſuch Articles. I have the Honour to be, Your Excellency's obedient Servant, (Signed) B. LINCOL N. His Excellency Sir HENRY CLINTON. No. IV. Camp, before CHARLES-Town, April 21, 1780. S IR DMIRAL ARBUTHNOT, who commands the Fleet, fhould have , been addreſſed jointly with me upon this Occaſion. As I wiſh to communicate with him, and as I give my Conſent to a Ceſſation of Hoſtilities for fix Hours; 1 defire an Aid-de-Camp may paſs to the Ships, with a Letter and my Requeſt that the Battery on JAMES- ISLAND inay defift firing. I have the Honour to be, &c. (Signed) H. CLINTO N. Major Gen. LINCOLN. No. V V. cas ARTICLES of CAPITULATION propoſed by Major General LINCOLN. Art. I. That all Acts of Hoſtility and Works ſhall ceaſe between the Naval and Land Forces of Great Britain and America, in this State, until the Articles of Capitulation ſhall be agreed or, figned, and executed, or collectively rejected. ART. II. That the Town, Forts, and Fortifications belonging to them ſhall be furrendered to the Commander in Chief of the Britih Forces, ſuch as they now ſtand. ART. III. That the ſeveral Troops garriſoning the Town and Forts, in- cluding the French and American Sailors, the French Invalids, the North- (3) Carolina and South-Carolina Militia, and ſuch of the Charles-Town Mi- litia as may chooſe to leave this place, ſhall have thirty-fix Hours to with- draw to Lampriere's, after the Capitulation has been accepted and ſigned on both Sides-and that thoſe Troops Chall retire with the uſual Honours of War, and carry off during that 'lime their Arms, Field Artillery, Ammunition, Baggage, and fuch of their Stores as they may be able to tranſport. ART. IV. That after the Expiration of the thirty-fix Hours mentioned in the preceding Article, the Britiſh Troops before the Town ſhall take Pofleſtion of it, and thoſe now at Wappctaw ſhall proceed to Fort Moultrie. ART. V. That the American Ariny, thus collected at Lampriere's, ſhah have ten Days, from the Expiration of the thirty-fix Hours before-men- tioned, to march wherever General Lincoln may think proper to the Eaſt- ward of Cooper-River, without any Movement being made by the Britiſh Troops, or Part of them out of the Town, or Fort Moultrie. ART. VI. That the Sick and Wounded of the American and French Hoſpitals, with their Medicines, Stores, the Surgeons, and Director Gene neral, fhall remain in the Town, and be ſupplied with the Neceſſaries re- quifite, until Proviſion can be made for their Removal, which will be as fpeedily as poſſible. Art. VII. That no Soldier ſhall be encouraged to deſert, or permitted to enliſt on either Side. Art. VII. That the French Conſul, his Houſe, Papers, and other moveable Property, ſhall be protected and untouched, and a proper Time granted him for retiring to any Place that may afterwards be agreed upon . between him and the Commander in Chief of the Britiſh Forces. GA Art. IX. That the Continental Ships of War, Providence, Boſton and Ranger, now in this Harbour, with the French Ship of War the Adven- ture, ſhall have Liberty to proceed to Sea, with the neceſſary Stores on board, and go unmoleſted, the three former to Philadelphia, and the latter to Cape-François, with the French Invalids mentioned in Article III. TOTAL ART. X. The Citizens ſhall be protected in their Perſons and Properties. ART. XI. That twelve Months be allowed ſuch as do not chuſe to con- tinue under the Britiſh Government, to diſpoſe of their Effects, real and perſonal in the State, without any Moleſtation whatever; or to remove Tuch Part thereof as they chooſe, as well as themſelves and Families, and that during that Time, they or any of them may have it at their Option to reſide occaſionally in Town or Country, ART. XII. That the ſame Protection to their Perſons and Properties, and the fame Time for the Removal of their Effects, be given to the Subjects of France and Spain, reſiding amongſt us, as are required for the Citizens in the preceding Articles. Dated at Charles-Town, April 21, 3780 (Signed) B. LINCOLN ( 4 ) No. VI. Sir HENRY CLINTON and Vice Admiral ARBUTHNOT to Ma. jor General LINCOLN, Camp, before CHARLES-Town, April 21, 1780, Eight o'clock at Night. SIR, We have in Anſwer to your thi third Article (for we cannot proceed fur ther) to refer you to our former Offer, as Terms which although you cannot claim, we yet conſent to grant. Theſe however muſt be accepted immediately, and reſponſible Hoſtages of the Rank of Field Officers muſt be fent us as Securities that the Cuſtoms of War on theſe Occaſions are ſtrictly adhered to, that no Perſon of the Gar- riſon or Inhabitant be permitted to go out, nothing be removed or de- ſtroyed, and no Ship or Veſſel paſs from the Town. All dependent Poſts are to be included in the Surrender, and the Hof- tages to be anſwerable for theſe as for the Town. Your Anſwer is expected at Ten o'Clock, at which Hour Hoftilities will commence again, unleſs our Offers are cloſed with. basso ob (Signed) H. CLINTON. MT. ARBUTHNOT. Major General LINCOLN. No. VII. CH Barbivo Camp, before CHARLES-Town, May 8, 1780, to Tomas SIR, Ircumſtanced as I now am with reſpect to the Place inveſted, Huma- nity only can induce me to lay within your Reach the Terms I had determined ſhould not again be proffered. d liste The Fall of Fort Sullivan, the Deſtruction (on the 6th Inſtant) of what re- mained of your Cavalry, the critical Period to which our Approaches againſt the Town have brought us, mark this as the Term of your Hopes of Suc- cour, (could you ever have framed any) and as an Hour, beyond which, Reſiſtance is Temerity, non By this laſt Summons therefore I throw to your Charge whatever vin- dictive Severity, exaſperated Soldiers may inflict on the unhappy People, whom you devote by perfevering in a fruitleſs Defence. I ſhall expect your Anſwer until Eight o'clock, when Hoftilities will commence again, unleſs the Town be ſurrendered, &c. &c. (Signed) H. CLINTO N. Major General LINCOLN, . (5) fredoz oq NO. VIII. nisi tagonbas nolts bas svibayar of bir bonamente CHARLES-Town, May 8; 1780. SIR bat antolat YOUR Letter to me of this Date is now under Confideration—theré are ſo many different Intereſts to be conſulted, that I have to propoſe that Hoftilities do not again commence 'till Twelve. (Signed) B. LINCOL N. I rolin ST JULY His Excellency Sir Henry Clinton. og ber vitsad endam farobi od A torolig iw pod sterwedd No. IX. Solo en HY ons I Rias bortar os bastond fleet) May 8, 17803 As more Time has been expended in conſulting the different Intereſts than I ſuppoſed there would be, I have to requeſt that the Truce may be continued until Four o'Clock, (Signed) B. LINCOLN. His Excellency Sir Henry CLINTON. No. X. SI R, May 8, 1780. I Conſent that Hoftilities ſhall not again commence before the Hour of Twelve, as you deſire. I have the Honour to be, SIR, &c. (Signed H. CLINTON Major General LINCOLN. No XI. ARTICLES of CAPITULATION propoſed by Major General LINCOLN. Art. I. THAT all Acts of Hoftility and Work Thall ceaſe between the Befiegers and Beſieged, until the Articles of Capitulation ſhall be agreed on, ſigned, and executed, or collectively rejected. Art. II. The Town and Fortifications ſhall be ſurrendered to the Com mander in Chief of the Britiſh Forces, ſuch as they now ſtand. Art. III. The Continental Troops and Sailors, with their Baggage, ſhall be conducted to a Place to be agreed on, where they will remain Priſoners of War, until exchanged-While Priſoners, they ſhall be fupplied with good and wholeſome Proviſions, in ſuch Quantity as is ſerved out to the Troops of his Britaninc Majeſty. (6) ART. IV. The Militia now in Garriſon Thall be permitted to return to their reſpective Homes, and be ſecured in their Perſons and Property. Art. V. The Sick and Wounded ſhall be continued under the Care of their own Surgeons, and be fupplied with Medicines, and ſuch Neceſſaries as are allowed to the Britiſh Hoſpitals. Art. VI. The Officers of the Army and Navy ſhall keep their Horſes, Swords, Piſtols, and Baggage, which ſhall not be ſearched, and retain their Servants. a Art. VII. The Garriſon ſhall at an Hour appointed, march out with Thouldered Arms, Drums beating, and Colours flying, to a Place to be agreed on, where they will pile their Arms. ART. VIII. That the French Conſul, his Houſe, Papers, and other moveable Property, ſhall be protected and untouched, and a proper Time granted to him for retiring, to any Place that may afterwards be agreed upon between him and the Commander in Chief of the Britiſh Forces. ART. IX. That the Citizens fhall be protected in their Perſons and Promo perties. ART. X. That a Twelve Months Time be allowed all ſuch as do not chooſe to continue under the Britiſh Government, to diſpoſe of their Effects teal and perſonal in the State, without any Moleſtation whatever, or to re- move ſuch Part thereof as they chooie, as well as themſelves and Families and that during that Time, they, or any of them, may have it as their Option to reſide occaſionally in Town or Country, ART. XI. That the ſame Protection to their perſons and Properties, and the fame Time for the Removal of their Effects, be given to the Subjects of France and Spain, as are required for the Citizens in the preceding Articles. ART. XII. That a Veſſel be permitted to go to Philadelphia with the Geo heral's Diſpatches, which are not to be opened, (Signed) B. LINCOLN. Charles-Town, May 8, 1780 No. XL SIR, May 8, Half after Five. AS I wiſh to communicate with the Admiral upon the Subject of your laft Letter, I have to deſire that an Aid-de-Camp may be permitted to paſs to the Fleet for that Purpoſe. I have the Honour to be, &c. (Signed) H. CLINTO N. Major General LINCOLN, () No. XII. SIR, May 8, Six o'Clock, F. M. IN order to give the Articles of Capitulation which you have propoſed a due Confideration, I propoſe that the Ceſſation of Hoſtilities ſhall Continue until To-morrow Morning at Eight o'Clock, and that in the mean Time every Thing ſhall continue in its preſent Situation. If you accede to this, you will pleaſe to give me immediate Information of its 1 amg SIR, Ecc (Signed) H. CLINTON Major General LINCOLN: No. XIV. SIR, May 8.in 1782, I Accede to your Propoſal , that Hoſtilities fhall ceaſe until To-morront Morning, Eight o'Clock, and that in the mean Time all Works ſhali continue in their preſent State. (Signed) B. LINCOLN: His Excellency Sir HunRY CLINTON. No. XV . YOU SIR May 8, Eight o'clock; P. M. 7OUR Anſwer to my Letter propoſing the Continuation of the Truce until To-morrow Morning at Eight o'Clock, only accedes to the Ceſſation of Hoftilities, and that in the mean Time all Works ſhall con: tinue in their preſent State; but my Propoſition was, that until that Time every Thing ihould continue in its preſent Situation; and my Meaning was, that there ſhould not be an Attempt made to reinove any of the Troops, or deſtroy any of the Ships, Stores or other Effects whatever, now in the Town or Harbour. If your Idea is the fame, I muſt requeſt you will expreſs yourſelf inore explicitly. I am, SIR, &e. (Signed) H. CLINTON: No. XVI. May 8, 1780. IN agreeing that the Truce ſhould be continued until Eight o'Clock Tas morrow Morning, and all Works remain as they were, I meant to ac- cede to your Propoſal that every Thing fhould continue in its preſent Si- tuation, which I again afſent to. (Signed) B. LINCOLN. His Excellency Sir HENRY CLINTON. SIR, ( 8 ) No. XVII. ARTICLES of CAPITULATION, as propoſed by Major General LINCOLN, and anſwered by their Excel- lencies General Sir HENRY CLINTON, K. B. and Vice Henry : Admiral ARBUTHNOT. Art. I. ALL Acts of Hoftility and Work fhall ceaſe until the Articles of Capitulation are finally agreed to or rejected. ART. II. The Town and Fortifications, with the Shipping at the Wharves, Artillery, and all Public Stores whatſoever, ſhall be ſurrendered in their pre- ſent State to the Commanders of the inveſting Forces, Proper Officers ſhall attend from the reſpective Departments to receive them, ART. III. Granted. an tiſh Troops. ART. IV. The Militia now in Garriſon ſhall be permitted to return to their reſpective Homes, as Priſoners upon Parole; which Parole, ſo long as they obferve, ſhall fecure them from being moleſted in their Property by the Bri- Ilocos ART. V. Granted: . ART. VI. Granted; except with Reſpect to their Horſes, which will not be allowed to go out of Town, but may be diſpoſed of by a Perſon left from each Corps for that Purpoſe. ART. VII. The whole Garriſon ſhall, at an Hour to be appointed, march out of the Town to the Ground between the Works of the Place and the Canal, where they will depoſit their Arms. The Drums are not to beat a British March, or Colours to be uncaſed. Art: VIII. Agreed; with this Reſtriction, that he is to conſider himſelf as a Priſoner on Parole: 19 ART. IX. All Civil Officers, and the Citizens who have borne Arms during the Siege, muſt be Priſoners on Parole ; and with Reſpect to their Property in the City, ſhall have the ſame Terms as are granted to the Militia. And all other Perſons now in the Town, not deſcribed in this, or other Article, are notwithſtanding underſtood to be Priſoners on Parole. Art. X. The Diſcuſſion of this Article, of courſe, cannot poſſibly be ena tered into at preſent. ART. XI, The Subjects of France and Spain ſhall have the fame Terms as are granted to the French Conſul. ART. XII. Granted; and a proper Veffel, with a Flag, will be provided for that Purpoſe. All Public Papers and Records muſt be carefully preſerved, and faithfully delivered to ſuch Perſons as ſhall be appointed to receive them. nebo (Signed) H. CLINTON. Mr. ARBUTHNOT. Camp, before Charles-Town, May 9, 1780. ( 9 ) No. XVIII. SIR, May 9; 1780. IN Reply to your Anſwers on the Articles of Capitulation, 1 muſt Rea mark that in their preſent State they are inadmiſlīble, and have to pro- poſe that thoſe now ſent may be acceded to. If any further Explanation ſhould be neceſſary, I have to propoſe alſo, that two or three Gentlemen be appointed to meet and confer on the Subject. I have the Honour to be, &c. (Signed) B. LINCOLN. His Excellency Sir Henry CLINTON. ALTERATIONS of ARTICLES of CAPITULATION, propoſed by Major General LINCOLN. Art. II. THE Town and Fortifications, with the Shipping at the Wharves, (excepting thoſe which are private Property) and all Public Stores, ſhall be ſurrendered in their preſent State to the Com- mander in Chief of the Britiſh Forces. ART. IV. The Militia now in Garriſon, ſhall be permitted to return to their reſpective Homes, with their Baggage, unmoleſted, and not be conſidered as Priſoners of War. ART. VI. Such of the Officers as may be unwilling to diſpoſe of their Horſes, may keep them. ART. VII. This Article to ſtand as at firit propoſed, the Drums not beating a Britiſh March. ART. VIII. The French Conſul never having borne Arms, and acting in a civil Capacity, is not to be conſidered as a Priſoner of War. ART. IX. The Citizens, and all other Perſons, now in Town, who are Inhabitants of this State, ſhall be ſecured in their Perſons and Properties; both in Town and Country, and not be conſidered Priſoners of War. ART. X. This Article to ſtand as at firſt propoſed. The Perſons who may claim the Priviledge therein expreſſed, giving their Parole that they will not act againſt the Britiſh Government until they are exchanged. ART. XI. This Article to ſtand as at firſt propoſed, with the ſame Re- Itrictions as are mentioned in Art. X. 1 In order to prevent Diſputes, it is to be underſtood, that all Officers of the Continental Army, who are Citizens of this State, be entitled to all the Benefits of Citizens with Regard to the Security of their Property. All Public Records now in Town, will be delivered to ſuch Perſons as may be appointed to receive them, (Signed) B. LINCOLN. Done at Charles-Toth, May 9, 1780. ( 10 ) No. XIX. SIR May 9, 1980. NO other Motives but thoſe of Forbearance and Compaſſion induced us to renew Offers of Terms you certainly had no Claim to. The Alteration you propoſe are all utterly inadmiſſible. Hoftilities will in Conſequence commence afreſh at Eight o'Clock, (Signed) H. CLINTON, Mr. ARBUTHNO T. Major General LINCOLN. No. XXI CHARLES-Town, May 11, 1780. SI R, THE fame Motives of Humanity, which inclined you to propoſe Ara ticles of Capitulation to this Garriſon, induced me to offer thoſe I had the Honour of ſending you on the 8th Inſtant. They then appeared to me ſuch as I might proffer, and you receive with Honour to both Par- ties. Your Exceptions to then, as they principally concerned the Militia and Citizens, I then conceived were ſuch as could not be concurred with ; but a recent Application from thoſe People, wherein they expreſs a Willing- nefs to comply with them, and a Wiſh on my Part to lefſen as much as may be the Diſtreſles of War to Individuals, lead me now to offer you my Acceptance of them. I have the Honour to be, Sir, Your moſt obedient humble Servant, (Signed) B. LINCOL N. No. XXI. Cainp, before CHARLES-Town, May 11, 1780. S IR, Coro WHEN you rejected the favourable Terms which were dictated by an earneſt Deſire to prevent the Effuſion of Blood, and interpofed Ara ticles that were wholly inadıniſlible, both the Admiral and myſelf were of Opinion that the Surrender of the Town at Diſcretion, was the only Condition that fhould afterwards be attended to; but as the Motives which then induced them, are ſtill prevalent, I now inform you that the Terms then offered will ſtill be granted. A Copy of the Articles ſhall be ſent for your Ratification as foon as they can be prepared, and immediately after they are exchanged, a Detach- ment of Grenadiers will be ſent to take Poffeffion of the Horn Work op- poſite your Main Gate. Every Arrangement which may conduce to good Order in occupying the Town, ſhall be ſettled before Noon To-morrow, and at that Time your Garriſon fhall inarch out. I have the Honour to be, Sir, Your moſt obedient humble Servant, (Signed) H. CLINTON. Ν. Major General LINCOLN. F 78.0 Great Britain, Army, 5