Colonial Williamsburg Digital Library

First Art.[icle]
agreed.

FIRST ARTICLE.

The York & Gloucester
Garrisons, including the Offi-
cers & Sailors of the Ships
of His British Majesty, as well
as all other Naval Forces, will su-
rrender as prisoners of war to the (2) combined forces of America
& of France. The Troops
will be made prisoners of the United States.
All the Navy will be made prisoners
of the Naval Army of His Most Christian Majesty.

II.
agreed.

II.

The artillery, the arms, the uni-
forms, the military treasury &
all the public magazines of all
sorts whatever, will be delivered,
without and plundering, to the heads
of the different departments, appoint-
ted to receive them.

III. agreed.

III.

Today at noon the two
redoubts, on the left flank
of York, will be delivered, the one
to a detachment of American
Infantry, the other to a deta-
chment of French Grenadiers.
The York Garrison will march to
an agreed-upon area
in advance of the Posts, the arms
in hand, the Flags in their
sheaths, & the Drums beating a
march, either English, or Ge-
rman. They will put down their
arms, & return to their camp where they
will stay until they will be made to leave for
their destination. Two works
of Glo[u]cester will be delivered at one
o'clock, at the detachments of the
French and American Troops
sent in order to secure it.
The Garrison will leave at 3 o'clock
in the afternoon. The Cavalry will (3) have naked sword, trumpets soun-
ding, & the Infantry will file out
like that one at York; they will retu-
rn to their Camp until
they have entirely evacuated it.

IV.
agreed.

IV.

The Officers will keep their
swords; the Officers & Soldiers
will keep their personal belong-
ings of all sorts, no
part of the baggage nor papers
will ever be subject
to being searched nor inspected.
The baggage and papers of the Offi-
cers taken during the siege will also
be kept by them. It is
understood that the property of the Inha-
bitants of this state which would be in
the hands of the Garrison in a
visible manner may be recla-
imed.

V.
agreed.

V.

The Soldiers will stay, either in
Virginia, or in Maryland, or
in Pennsylvania, & will stay by
Regiment as long as it will be pos-
sible. They will have the same ra-
tions which are given to the Sol-
diers in the service of America.
A superior Officer of each
nation, English, Anspach &
Hessian & other Officers
upon their word, in the propor-
tion of one for 50 men, will
have the liberty to reside near
their Regiments, to visit them
often, & to be witness to their
treatment. These Officers will receive
& will distribute to them clothing
(4) & the other necessary things;
passports will be given them for
that when they will be demanded.

VI.
agreed.

VI.

The General, the civilian Em-
ployees & the other Officers who
will not be employed as it is
said in the above article, who
will want it, will have the permission
to go on their word to Engl-
and, to New-York, or to all
other Posts in America, now
in the possession of the forces
of England of their choice. Count
de Grasse will give them the nece-
ssary Ships in order to carry them
to New-York, in ten days,
counting from the present date as
a bearer of a flag of truce. They will stay
in an agreed upon place until they embark.
The Officers of the Civil Department
of the Army & of the Navy are
included in this article. Passports
will be given in order to go by
land to those whom cannot
be furnished with Ships.

VII.
agreed.

VII.

The Officers will have the permis-
sion to keep some Soldiers near
them as Servants, as long
as they ordinarily would practice
this in the service. The Servants
who are not Soldiers will not
be regarded as Prisoners,
& will not be able to go with their Ma-
sters.

VIII.
agreed.

VIII.

The Bonetta, war Sloop,
will be equipped & commanded by its
Captain & its Crew, & left
entirely at the disposition
of Lord Cornwallis, from the moment
that the Surrender will be signed.
She will receive on board an aide
de Camp in order to bring dispatches
to Sir Henry-Clinton. The
Soldiers that he will judge appropriate to
send to New-York will be able to lea-
ve without being examined. When these
dispatches will be ready, his Lordsh-
ip will take it upon himself on his side that the
Ship will be rendered at the order of Count
de Grasse, if he escapes to the dan-
gers of the sea; that he will not carry
any public effects, that
account will be held of those of the
crew or of the Soldiers passengers
who will be missing when it returns.

IX.
The merchants will
be able to dispose of their
effects. The allied Army will have
the right of first purchase.
They will be considered
as prisoners of
their word.

IX.

The Merchants will keep their
property, & will have the space of
three months in order to dispose of or
to carry it; they will not be con-
sidered as prisoners of war.

X.
One cannot consent
to this article, if it is
entirely a civil department.

X.

The natives or inhabitants of the dif-
ferent parts of this Country, at
present in York or Gloucester,
will not be punished for having
joined the British Army.

XI.
The hospital stores
which are presently
in York & Gloucester,
will be delivered for the
use of the English sick
and wounded. Passports
will be granted for them
to procure other provi-
sions from New-York as
the occasion indicates.
Hospitals for the sick &
wounded of the two garrisons
will be furnished.

XI.

Hospitals will be furnished for
the sick & wounded. They will be hea-
led by their own Surgeons,
on their word, & medicines
& provisions will be furnished to them
from the American hospitals.

XII.
Carts will be furnished
if it is possible.

XII.

Carts will be furnished in order to
carry the baggage of the Officers
staying with the Soldiers, & of the
Surgeons, when they will be on the
march, in order to heal the wounded;
this cost will be at the expense of the
Public.

XIII.
agreed.

XIII.

The Ships and boats in
the two Ports, with all their
provisions, canons, rigging, will be
delivered in the state where they are to
a Naval Officer, who will be
appointed for this. Beforehand
the personal belongings
which had been placed on
board during the siege for safety
will be debarked.

XIV.
agreed.

XIV.

No article of the Surrender will
be violated, under pretext of
reprisals; if there is any
doubtful expression, it will be
interpreted according to the sense & the
ordinary terms of the words.