[v. 3, No. 110.] Lieut. Col. Brown to Brig. Gen. Pickens and Lieut. Col. Lee, jr.

FORT CORNWALLIS, June 5, 1781.


As some of the articles proposed by you are generally expressed, I have taken the liberty of deputing three gentlemen to wait upon you for a particular explanation of the respective articles.

I have the honor to be, &c.,

THOMAS BROWN, Lieut. Col., Commanding the King's troops at Augusta


Articles of capitulation proposed by Lieut. Col. Brown, and answered by Gen. Pickens and Lieut. Col. Lee.

ART. I. That all acts of hostilities and works shall cease between the besieged until the articles of capitulation shall be agreed on, signed, and executed, or collectively rejected.

ANSWER. Hostilities shall cease for one hour; other operations to continue.

ART. II. That the fort shall be surrendered to the commanding officer of the American corps, such as it now stands. That the King's troops, three days after signing the articles of capitulation, shall be conducted to Savannah, with their baggage, where they will remain prisoners of war until they are exchanged; that proper conveyances shall be provided by the commanding officer of the American troops for that purpose, together with a sufficient quantity of good and wholesome provisions till their arrival at Savannah.

ANSWER. Inadmissible. The prisoners to surrender field prisoners of war: The officers to be indulged with their paroles; the soldiers to be conducted to such place as the commander-in-chief shall direct.

ART. III. The militia now in garrison shall be permitted to return to their respective homes, and be secured in their persons and properties.

ANSWER. Answered by the second article, the militia making part of the garrison.

ART. IV. The sick and wounded shall be under the care of their own surgeons, and be supplied with such medicines and necessaries as are allowed to the British hospitals.


ART. V. The officers of the garrison, and citizens who have borne arms during the siege, shall keep their side arms, pistols, and baggage, which shall not be searched, and return their servants.

ANSWER. The officers and citizens who have borne arms during the siege shall be permitted their side arms, private baggage, and servants; their side arms are not to be worn; and the baggage to be searched by a person appointed for that purpose.

ART. VI. The garrison, at an hour appointed, shall march out, with shouldered arms and drums beating, to a place to be agreed on, where they will pile their arms.

ANSWER. Agreed. The judicious and gallant defence made by the garrison, entitles them to every mark of military respect. The fort to be delivered up to Captain Rudolph at twelve o'clock, who will take possession with a detachment of the Legion Infantry.

ART. VII. That the citizens shall be protected in their persons and properties.

ANSWER. Inadmissible.

ART. VIII. That twelve months shall be allowed to all such as do not choose to reside in this country, to dispose of their effects, real and personal, in this province, without any molestation whatever, or to remove to any part thereof as they may choose, as well themselves as families.

ANSWER. Inadmissible.

ART. IX. That the Indian families now in garrison shall accompany the King's troops to Savannah, where they will remain prisoners of war until exchanged for an equal number of prisoners in the Creek or Cherokee nation.

ANSWER. Answered in the second article.

ART. X. That an express be permitted to go to Savannah with the commanding officer's dispatches, which are not to be opened.

ANSWER. Agreed.

ART. XI. Additional. The particular attention of Col. Brown is expected towards the just delivery of all public stores, monies, &c.; and that no loans be permitted to defeat the spirit of this article.

Signed at Head Quarters, Augusta, June 5, 1781, by

HENRY LEE, Jr., Lieut. Col. Commandant.
THOMAS BROWN, Lieut. Col. Com'dg King's troops at Augusta.

(From Documentary History of the American Revolution, by Gibbes, Volume 3, p. 86)

Doc ID: Gibbes, v. 3, p. 86
Date: 6/5/1781

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