Plate 013b

Plate 013a

Treaty of Amity and Commerce between their High Mightinesses the States-General of the United Netherlands and the United States of America, to wit: New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Concluded October 8, 1782; ratified January 22, 1783.

Their High Mightinesses the States-General of the United Netherlands and the United States of America, to wit: New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed relative to the commerce and correspondence which they intend to establish between their respective States, countries and inhabitants, have judged that the said end cannot be better obtained than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burdensome preferences which are usually the sources of debate, embarrassment, and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself; and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages.

On these principles their said High Mightinesses the States-General of the United Netherlands have named for their Plenipotentiaries, from the midst of their assembly, Messieurs their Deputies for the Foreign Affairs; and the said United States of America, on their part, have furnished with full powers Mr. John Adams, late Commissioner of the United States of America at the Court of Versailles, heretofore Delegate in Congress from the State of Massachusetts Bay, and Chief Justice of the said State, who have agreed and concluded as follows, to wit:

Article I.

There shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses, the Lords, the States-General of the United Netherlands, and the United States of America, and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants, of every degree, without exception of persons or places.

Article II.

The subjects of the said States-General of the United Netherlands shall pay in the ports, havens, roads, countries, islands, cities, or places of the United States of America, or any of them, no other nor greater duties or imposts, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in passing from one port to another in the said States, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports.

Article III.

The subjects and inhabitants of the said United States of America shall pay in the ports, havens, roads, countries, islands, cities or places of the said United Netherlands, or any of them, no other nor greater duties or imposts, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another in the said States, or from any one toward any one of those ports from or to any foreign port of the world. And the United States of America, with their subjects and inhabitants, shall leave to those of their High Mightinesses the peaceable enjoyment of their rights in the countries, islands and seas in the East and West Indies, without any hindrance or molestation.

Article IV.

There shall be an entire and perfect liberty of conscience allowed to the subjects and inhabitants of each party, and to their families; and no one shall be molested in regard to his worship, provided he submits, as to the public demonstration of it, to the laws of the country: There shall be given, moreover, liberty, when any subjects or inhabitants of either party shall die in the territory of the other, to bury them in the usual burying-places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require; and the dead bodies of those who are buried shall not in any wise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.

Article V.

Their High Mightinesses the States-General of the United Netherlands and the United States of America shall endeavour, by all the means in their power, to defend and protect all vessels and other effects, belonging to their subjects and inhabitants, respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover, and cause to be restored to the true proprietors, their agents, or attorneys, all such vessels and effects, which shall be taken under their jurisdiction: And their vessels of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessels belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places with which one of the parties is in peace and the other at war, nor destined for any place blockaded, and which shall hold the same course or follow the same route; and they shall defend such vessels as long as they shall hold the same course or follow the same route, against all attacks, force and violence of the common enemy, in the same manner as they ought to protect and defend the vessels belonging to their own respective subjects.

Article VI.

The subjects of the contracting parties may, on one side and on the other, in the respective countries and States, dispose of their effects by testament, donation or otherwise; and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab intestato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effects of such commission tested under pretext of any rights or prerogatives of any province, city or private person. And if the heirs to whom such successions may have fallen shall be minors, the tutors or curators established by the judge domiciliary of the minors may govern, direct, administer, sell and alienate the effects fallen to the said minors by inheritance, and, in general, in relation to the said successions and effects, use all the rights and fulfill all the functions which belong, by the disposition of the laws, to guardians, tutors and curators: provided, nevertheless, that this disposition cannot take place but in cases where the testator shall not have named guardians, tutors or curators by testament, codicil or other legal instrument.

Article VII.

It shall be lawful and free for the subjects of each party to employ such advocates, attorneys, notaries, solicitors or factors as they shall judge proper.

Article VIII.

Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandizes and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores, or dominions whatsoever of the other confederate, for any military expedition, publick or private use of any one, by arrests, violence, or any colour thereof; much less shall it be permitted to the subjects of either party to take or extort by force anything from the subjects of the other party, without the consent of the owner; which, however, is not to be understood of seizures, detentions, and arrests which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof the proceedings must be by way of law, according to the forms of justice.

Article IX.

It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two powers respectively, to manage themselves their own business; and moreover as to the use of interpreters or brokers, as also in relation to the loading or unloading of their vessels, and everything which has relation thereto, they shall be, on one side, and on the other, considered and treated upon the footing of natural subjects, or, at least, upon an equality with the most favoured nation.

Article X.

The merchant ships of either of the parties, coming from the port of an enemy, or from their own, or a neutral port, may navigate freely towards any port of an enemy of the other ally: they shall be, nevertheless, held, whenever it shall be required, to exhibit, as well upon the high seas as in the ports, their sea-letters and other documents described in the twenty-fifth article, stating expressly that their effects are not of the number of those which are prohibited as contraband; and not having any contraband goods for an enemy's port, they may freely, and without hindrance, pursue their voyage towards the port of an enemy. Nevertheless, it shall not be required to examine the papers of vessels convoyed by vessels of war, but credence shall be given to the word of the officer who shall conduct the convoy.

Article XI.

If, by exhibiting the sea-letters and other documents described more particularly in the twenty-fifth article of this treaty, the other party shall discover there are any of those sorts of goods which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chests, coffers, packs, casks, or other vessels found therein, or to remove the smallest parcels of her goods, whether the said vessel belongs to the subjects of their High Mightinesses the States-General of the United Netherlands or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the officers of the Court of Admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange or alienate the same until after that due and lawful process shall have been had against such prohibited goods of contraband, and the Court of Admiralty, by a sentence pronounced, shall have confiscated the same, saving always as well the ship itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize: But, on the contrary, when, by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers that he who has taken and carried in the vessel has been able to discover any there, he ought to be condemned in all the charges, damages and interests of them, which he shall have caused, both to the owners of vessels and to the owners and freighters of cargoes with which they shall be loaded, by his temerity in taking and carrying them in; declaring most expressly the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who shall be found in a free vessel, who may not be taken out of her, unless they are military men actually in the service of an enemy.

Article XII.

On the contrary, it is agreed that whatever shall be found to be taken by the subjects and inhabitants of either party, or any ship belonging to the enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated in the same manner as if it belonged to the enemy; except, nevertheless, such effects and merchandizes as were put on board such vessel before the declaration of war, or in the space of six months after it, which effects shall not be, in any manner, subject to confiscation, but shall be faithfully and without delay restored in nature to the owners who shall claim them, or cause them to be claimed, before the confiscation and sale, as also their proceeds, if the claim could not be made, but in the space of eight months after the sale, which ought to be publick: Provided, nevertheless, that if the said merchandizes are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.

Article XIII.

And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer molestation from the vessels of war or privateers of the other party, it shall be forbidden to all commanders of vessels of war and other armed vessels of the said States-General of the United Netherlands and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party; and if they act to the contrary they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and, moreover, obliged to make satisfaction for all damages and interests thereof, by reparation, under pain and obligation of their persons and goods.

Article XIV.

For further determining of what has been said, all captains of privateers or fitters-out of vessels armed for war, under commission and on account of private persons, shall be held, before their departure, to give sufficient caution, before competent judges, either to be entirely responsible for the malversations which they may commit in their cruizes or voyages, as well as for the contraventions of their captains and officers against the present treaty, and against the ordinances and edicts which shall be published in consequence of and conformity to it, under pain of forfeiture and nullity of the said commissions.

Article XV.

All vessels and merchandizes, of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas without requisite commissions, shall be brought into some port of one of the two States, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprietor as soon as due and sufficient proofs shall be made concerning the property thereof.

Article XVI.

If any ships or vessels belonging to either of the parties, their subjects, or people, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other sea damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and the vessels, effects and merchandizes, or the part of them which shall have been saved or the proceeds of them, if, being perishable, they shall have been sold, being claimed within a year and a day by the masters or owners, or their agents or attorneys, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country: there shall also be delivered them safe conducts or passports for their free and safe passage from thence, and to return, each one to his own country.

Article XVII.

In case the subjects or people of either party, with their shipping, whether publick and of war, or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbor, to retract and enter into any of the rivers, creeks, bays, ports, roads or shores belonging to the other party, they shall be received with all humanity and kindness, and enjoy all friendly protection and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals, and all things needful for the sustenance of their persons or reparation of their ships; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

Article XVIII.

For the better promoting of commerce on both sides, it is agreed that, if a war should break out between their High Mightinesses the States-General of the United Netherlands and the United States of America, there shall always be granted to the subjects on each side the term of nine months after the date of the rupture, or the proclamation of war, to the end that they may retire, with their effects, and transport them where they please, which it shall be lawful for them to do, as well as to sell or transport their effects and goods, in all freedom and without any hindrance, and without being able to proceed, during the said term of nine months, to any arrests of their effects, much less of their persons; on the contrary, there shall be given them, for their vessels and their effects, which they could carry away, passports and safe conducts for the nearest ports of their respective countries, and for the time necessary for the voyage. And no prize made at sea shall be adjudged lawful, at least if the declaration of war was not or could not be known in the last port which the vessel taken has quitted; but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them, in the interval of the said terms, a complete satisfaction shall be given them.

Article XIX.

No subject of their High Mightinesses the States-General of the United Netherlands shall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the said United States of America, or any of them, or the subjects and inhabitants of the said United States, or any of them, or against the property of the inhabitants of any of them, from any Prince or State with which the said United States of America may happen to be at war: nor shall any subject or inhabitant of the said United States of America, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the High and Mighty Lords the States-General of the United Netherlands, or against the subjects of their High Mightinesses, or any of them, or against the property of any one of them, from any Prince or State with which their High Mightinesses may be at war: And if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

Article XX.

If the vessels of the subjects or inhabitants of one of the parties come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, or take in any cargo, they shall not be obliged to pay, neither for the vessels nor for the cargoes, at least if there is not just cause to presume that they carry to an enemy merchandizes of contraband.

Article XXI.

The two contracting parties grant to each other, mutually, the liberty of having, each in the ports of the other, consuls, vice-consuls, agents, and commissaries, of their own appointing, whose functions shall be regulated by particular agreement, whenever either party chooses to make such appointments.

Article XXII.

This treaty shall not be understood in any manner to derogate from the ninth, tenth, nineteenth, and twenty-fourth articles of the treaty with France, as they were numbered in the same treaty, concluded the sixth of February, 1778, and which make the articles ninth, tenth, seventeenth, and twenty-second of the treaty of commerce now subsisting between the United States of America and the Crown of France; nor shall it hinder His Catholic Majesty from according to that treaty, and enjoying the advantages of said four articles.

Article XXIII.

If at any time the United States of America shall judge necessary to commence negotiations with the King or Emperor of Morocco and Fez, and with the Regencies of Algiers, Tunis, or Tripoli, or with any of them, to obtain passports for the security of their navigation in the Mediterranean Sea, their High Mightinesses promise that upon the requisition which the United States of America shall make of it, they will second such negotiations in the most favourable manner, by means of their Consuls residing near the said King, Emperor, and Regencies.

Contraband.

Article XXIV.

The liberty of navigation and commerce shall extend to all sorts of merchandizes, excepting only those which are distinguished under the name of contraband, or merchandizes prohibited; and under this denomination of contraband and merchandizes prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery, with their artifices and appurtenances, fusils, pistols, bombs, grenades, gunpowder, saltpetre, sulphur, match, bullets and balls, pikes, sabres, lances, halberts, casques, cuirasses, and other sorts of arms, as also soldiers, horses, saddles, and furniture for horses; all other effects and merchandizes, not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or sea, shall not be judged contraband, neither by the letter, nor according to any pretended interpretation whatever, ought they or can they be comprehended under the notion of effects prohibited or contraband: so that all effects and merchandizes, which are not expressly before named, may, without any exception, and in perfect liberty, be transported by the subjects and inhabitants of both allies, from and to places belonging to the enemy; excepting only the places which at the time shall be besieged, blocked, or invested; and those places only shall be held for such which are surrounded nearly by some of the belligerent powers.

Article XXV.

To the end that all dissention and quarrel may be avoided and prevented, it has been agreed, that in case that one of the two parties happens to be at war, the vessels belonging to the subjects or inhabitants of the other ally shall be provided with sea letters or passports, expressing the name, the property, and the burthen of the vessel, as also the name of abode of the master, or commander of the said vessel, to the end that thereby it may appear that the vessel really and truly belongs to the subjects or inhabitants of one of the parties; which passports shall be drawn and distributed, according to the form annexed to this treaty; each time that the vessel shall return, she should have such her passport renewed, or at least they ought not to be of more ancient date than two years, before the vessel has been returned to her own country.

It has also been agreed that such vessels, being loaded, ought to be provided not only with the said passports or sea letters, but also with a general passport, or with particular passports or manifests, or other publick documents, which are ordinarily given to vessels outward bound in the ports from whence the vessels have set sail in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and of that of her destination, or, instead of all these, with certificates from the magistrates or governors of cities, places and colonies from whence the vessel came, given in the usual form, to the end that it may be known whether there are any effects prohibited or contraband, on board the vessels, and whether they are destined to be carried to an enemy's country or not; and in case any one judges proper to express in the said documents the persons to whom the effects on board belong, he may do it freely, without, however, being bound to do it; and the omission of such expression cannot and ought not to cause a confiscation.

Article XXVI.

If the vessels of the said subjects or inhabitants of either of the parties, sailing along the coasts or on the high seas, are met by a vessel of war, or privateer, or other armed vessel of the other party, the said vessels of war, privateers, or armed vessels, for avoiding all disorder, shall remain without the reach of cannon, but may send their boats on board the merchant vessel, which they shall meet in this manner, upon which they may not pass more than two or three men, to whom the master or commander shall exhibit his passport, containing the property of the vessel, according to the form annexed to this treaty: And the vessel, after having exhibited such a passport, sea letter, and other documents, shall be free to continue her voyage, so that it shall not be lawful to molest her, or search her in any manner, nor give her chase, nor to force her to alter her course.

Article XXVII.

It shall be lawful for merchants, captains, and commanders of vessels, whether publick and of war, or private and of merchants, belonging to the said United States of America, or any of them, or to their subjects and inhabitants, to take freely into their service, and receive on board of their vessels, in any port or place in the jurisdiction of their High Mightinesses aforesaid, seamen or others, natives or inhabitants of any of the said States, upon such conditions as they shall agree on, without being submitted for this to any fine, penalty, punishment, process, or reprehension whatsoever.

And reciprocally, all merchants, captains, and commanders, belonging to the said United Netherlands, shall enjoy, in all the ports and places under the obedience of the said United States of America, the same privilege of engaging and receiving seamen or others, natives or inhabitants of any country of the domination of the said States-General: Provided, that neither on one side nor the other, they may not take into their service such of their countrymen who have already engaged in the service of the other party contracting, whether in war or trade, and whether they meet them by land or sea; at least if the captains or masters under the command of whom such persons may be found, will not of his own consent discharge them from their service, upon pain of being otherwise treated and punished as deserters.

Article XXVIII.

The affair of the refraction shall be regulated in all equity and justice, by the magistrates of cities respectively, where it shall be judged that there is any room to complain in this respect.

Article XXIX.

The present treaty shall be ratified and approved by their High Mightinesses the States-General of the United Netherlands and by the United States of America; and the acts of ratification shall be delivered in good and due form, on one side and on the other, in the space of six months, or sooner if possible, to be computed from the day of the signature.

In faith of which, we the Deputies and Plenipotentiaries of the Lords the States-General of the United Netherlands, and the Minister Plenipotentiary of the United States of America, in virtue of our respective authorities and full powers, have signed the present treaty and apposed thereto the seals of our arms.

Done at the Hague the eighth of October, one thousand seven hundred and eighty-two.

Convention between the Lords the States-General of the United Netherlands and the United States of America, concerning vessels recaptured. Concluded October 8, 1782.

The Lords the States-General of the United Netherlands and the United States of America, being inclined to establish some uniform principles with relation to prizes made by vessels of war, and commissioned by the two contracting Powers, upon their common enemies, and to vessels of the subjects of either party, captured by the enemy, and recaptured by vessels of war commissioned by either party, have agreed upon the following articles:

Article I.

The vessels of either of the two nations recaptured by the privateers of the other, shall be restored to the first proprietor, if such vessels have not been four and twenty hours in the power of the enemy, provided the owner of the vessel recaptured pay therefor one-third of the value of the vessel, as also of that of the cargo, the cannons and apparel, which third shall be valued by agreement, between the parties interested; or, if they cannot agree thereon among themselves, they shall address themselves to the officers of the admiralty of the place where the privateer who has retaken the vessel shall have conducted her.

Article II.

If the vessel recaptured has been more than twenty-four hours in the power of the enemy, she shall belong entirely to the privateer who has retaken her.

Article III.

In case a vessel shall have been recaptured by a vessel of war belonging to the States-General of the United Netherlands, or to the United States of America, she shall be restored to the first owner, he paying a thirtieth part of the value of the ship, her cargo, cannons and apparel, if she has been recaptured in the interval of twenty-four hours, and the tenth part if she has been recaptured after the twenty-four hours, which sums shall be distributed in form of gratifications to the crews of the vessels which have retaken her. The valuation of the said thirtieth parts and tenth parts shall be regulated according to the tenor of the first article of the present convention.

Article IV.

The restitution of prizes, whether they may have been retaken by vessels of war or by privateers, in the mean time and until requisite and sufficient proofs can be given of the property of vessels recaptured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles.

Article V.

The vessels of war and privateers of one and of the other of the two nations, shall be reciprocally, both in Europe and in the other parts of the world, admitted in the respective ports of each with their prizes, which may be unloaded and sold according to the formalities used in the State where the prize shall have been conducted, as far as may be consistent with the 22d article of the treaty of commerce: Provided, always, that the legality of prizes by the vessels of the Low Countries shall be decided conformably to the laws and regulations established in the United Netherlands; as, likewise, that of prizes made by American vessels, shall be judged according to the laws and regulations determined by the United States of America.

Article VI.

Moreover, it shall be free for the States-General of the United Netherlands, as well as for the United States of America, to make such regulations as they may judge necessary, relative to the conduct which their respective vessels and privateers ought to hold in relation to the vessels which they shall have taken and conducted into the ports of the two powers.

In faith of which, We, the Deputies and Plenipotentiaries of the Lords the States-General of the United Netherlands, and Minister Plenipotentiary of the United States of America, have, in virtue of our respective authorities and full powers, signed these presents, and confirmed the same with the seals of our arms.

Done at the Hague the eighth of October, one thousand seven hundred and eighty-two.

Plate 014b

Plate 014a

General Washington to the President of Congress.

Headquarters, near York,
October 19, 1781.
To His Excellency
The President of Congress.

Sir: I have the honour to inform Congress that a reduction of the British army, under the command of Lord Cornwallis, is most happily effected. The unremitted ardour which actuated every officer and soldier in the combined army on this occasion, has principally led to this important event, at an earlier period than my most sanguine hopes had induced me to expect.

The singular spirit of emulation, which animated the whole army from the first commencement of our operations, has filled my mind with the highest pleasure and satisfaction, and had given me the highest presages of success.

On the 17th instant, a letter was received from Lord Cornwallis, proposing a meeting of commissioners to consult on terms for the surrender of the posts of York and Gloucester. This letter (the first that had passed between us) opened a correspondence, a copy of which I do myself the honour to inclose; that correspondence was followed by the definitive capitulation, which was agreed to and signed on the 19th, copy of which is herewith transmitted; and which I hope will meet with the approbation of Congress.

I should be wanting in the feelings of gratitude did I not mention on this occasion, with the warmest sense of acknowledgment, the very cheerful and able assistance which I have received in the course of our operations from His Excellency the Count de Rochambeau. Nothing could equal this zeal of our allies but the imitating spirit of the American officers, whose ardour would not suffer their exertions to be exceeded.

The very uncommon degree of duty and fatigue, which the nature of the service required from the officers of engineers and artillery of both armies, obliges me particularly to mention the obligations I am under to the commanding and other officers of those corps.

I wish it was in my power to express to Congress how much I feel myself indebted to the Count de Grasse, and the officers of the fleet under his command, for the distinguished aid and support which has been afforded by them, between whom and the army the most happy concurrence of sentiments and views have subsisted, and from whom every possible co-operation has been experienced which the most harmonious intercourse could afford.

Returns of the prisoners, military stores, ordnance, shipping and other matters, I shall do myself the honour to transmit to Congress as soon as they can be collected by the heads of departments to which they belong.

Colonel Laurens and the Viscount de Noailles, on the part of the combined army, were the gentlemen who acted as commissioners for forming and settling the terms of capitulation and surrender, herewith transmitted, to whom I am particularly obliged for their readiness and attention exhibited on the occasion.

Colonel Tilghman, one of my aids-de-camp, will have the honour to deliver these despatches to Your Excellency; he will be able to inform you of every minute circumstance which is particularly mentioned in my letter. His merits, which are too well known to need any observations at this time, have gained my particular attention, and I could wish that they may be honoured by the notice of Your Excellency and Congress.

Your Excellency and Congress will be pleased to accept my congratulations on this happy event, and believe me to be, with the highest respect and esteem,

Sir, your Excellency's most obedient humble servant,
Geo. Washington.

P.S. Though I am not possessed of the particular returns, yet I have reason to suppose that the number of prisoners will be between five and six thousand, exclusive of seamen and others.

General Washington to the President of Congress.

Headquarters, near York,
October 27, 1781.
To His Excellency
The President of Congress.

Sir: I do myself the honour to enclose to Your Excellency copies of returns of prisoners, artillery, arms, ordnance, and other stores, surrendered by the enemy in their posts of York and Gloucester, on the 19th instant, which were not completed at the time of my despatches, and but this moment handed to me. A draft of these posts, with the plan of attack and defence, is herewith transmitted; and twenty-four standards, taken at the same time, are ready to be laid before Congress.

My present despatches being important, I have committed to the care of Colonel Humphreys, one of my aids-de-camp, whom, for his attention, fidelity and good services, I beg leave to recommend to Congress and Your Excellency.

I have the honour to be,
Sir, Your Excellency's most obedient humble servant,
Geo. Washington.

Resolutions of Congress Voting Thanks, etc., for the Taking of Yorktown.

By the United States in Congress Assembled:

Resolved, That the thanks of the United States, in Congress assembled, be presented to His Excellency General Washington, for the eminent services which he has rendered to the United States, and particularly for the well concerted plan against the British garrisons in York and Gloucester; for the vigour, attention, and military skill with which that plan was executed, and for the wisdom and prudence manifested in the capitulation.

That the thanks of the United States, in Congress assembled, be presented to His Excellency the Count de Rochambeau, for the cordiality, zeal, judgment, and fortitude, with which he seconded and advanced the progress of the allied army against the British garrison in York.

That the thanks of the United States, in Congress assembled, be presented to His Excellency Count de Grasse, for his display of skill and bravery in attacking and defeating the British fleet off the Bay of Chesapeake, and for his zeal and alacrity in rendering, with the fleet under his command, the most effectual and distinguished aid and support to the operations of the allied army in Virginia.

That the thanks of the United States, in Congress assembled, be presented to the commanding and other officers of the corps of artillery and engineers of the allied army, who sustained extraordinary fatigue and danger in their animated and gallant approaches to the lines of the enemy.

That General Washington be directed to communicate to the other officers and soldiers under his command the thanks of the United States, in Congress assembled, for their conduct and valour on this occasion:

Resolved, That the United States, in Congress assembled, will cause to be erected, at York, in Virginia, a marble column, adorned with emblems of the alliance between the United States and His Most Christian Majesty, and inscribed with a succinct narrative of the surrender of Earl Cornwallis to His Excellency General Washington, commander-in-chief of the combined forces of America and France, to His Excellency the Count de Rochambeau, commanding the auxiliary troops of His Most Christian Majesty in America, and to His Excellency the Count de Grasse, commanding-in-chief the naval army of France in Chesapeake.

Resolved, That two stands of colours taken from the British army under the capitulation of York, be presented to His Excellency General Washington, in the name of the United States in Congress assembled.

Resolved, That two pieces of the field ordnance, taken from the British army under the capitulation of York, be presented by the commander-in-chief of the American army to Count de Rochambeau; and that there be engraved thereon a short memorandum, that Congress were induced to present them from considerations of the illustrious part which he bore in effectuating the surrender.

Resolved, That the Secretary of Foreign Affairs be directed to request the Minister Plenipotentiary of His Most Christian Majesty, to inform his Majesty that it is the wish of Congress that Count de Grasse may be permitted to accept a testimony of their approbation, similar to that to be presented to Count de Rochambeau.

Resolved, That the Board of War be directed to present to Lieutenant-Colonel Tilghman, in the name of the United States in Congress assembled, a horse properly caparisoned, and an elegant sword, in testimony of their high opinion of his merit and ability.

Monday, October 29, 1781.

Benjamin Franklin to Robert R. Livingston.

Passy, March 4, 1782.
To the Honourable
Robert R. Livingston,
Secretary for Foreign Affairs.

Sir:

 

This puts me in mind of a medal I have had a mind to strike since the late great event[55] you gave me an account of, representing the United States by the figure of an infant Hercules in his cradle, strangling the two serpents; and France by that of Minerva, sitting by as his nurse, with her spear and helmet, and her robe specked with a few "fleurs-de-lis". The extinguishing of two entire armies in one war is what has rarely happened, and it gives a presage of the future force of our growing empire....

With great esteem,
B. Franklin.