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SOUTH CAROLINA. Articles of capitulation between their Excellencies Sir Henry Clinton, Knight of the Bath, general and commander in chief of His Majesty's forces in the several provinces and colonies on the Atlantic, from Nova Scotia to West Florida inclusive, Mariot Arbuthnot, Esq. Vice-admiral of the Blue, and commander in chief of all His Majesty's ships and vessels in North America, and Major-general Benjamin Lincoln, commanding in chief in the town and harbour of Charles town. Art. I. THAT all acts of hostility and work shall cease between the besiegers and the besieged, until the articles of capitulation shall be agreed on, signed, and executed, or collectively rejected. Answer. All acts of hostility and work shall cease, until the articles of capitulation are finally agreed to or rejected. Art. II. The town and fortifications shall be surrendered to the commander in chief of the British forces, such as they now stand. Answer. The town and fortifications, with the shipping at the wharfs, artillery, and all other public stores whatsoever, shall be surrendered in their present state to the commanders of the investing forces; proper officers shall attend from the respective departments to receive them. Art. III. The (f.) continental troops and sailors, with their baggage, shall be conducted to a place to be agreed on, where they shall remain prisoners of war until exchanged. While prisoners, they shall be supplied with good and wholesome provisions in such quantity as is served out to the troops of His Britannic Majesty. Answer. Granted. Art IV. The militia now in garrison shall be permitted to return to their respective homes, and be secured in their persons and property. Answer. The militia (g.) now in garrison shall be permitted to return to their respective homes as prisoners on parole; which parole, as long as they observe, shall secure them from being molested in their property by the British troops. Art V. The sick and wounded shall be continued under the care of their own surgeons, and be supplied with medicines and such necessaries as are allowed to the British hospitals. Answer. Granted. 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. Answer. Granted, (i.) except with respect to the horses, which will not be allowed to go out of the town, but may be disposed of by a person left from each corps for that purpose. Art. VII. The garrison shall, at an hour appointed, march out with shouldered arms, drums beating, and colours flying, to a place to be agreed on, where they will pile their arms. Answer. The whole (e.) 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. That the French consul, his house, papers, and other moveable property, shall be protected and untouched, and a proper time granted for him for retiring to any place that may afterwards be agreed upon between him and the commander in chief of the British forces. Answer. Agreed, with this restriction, that he is to consider himself as a prisoner on parole. Art. IX. That the citizens shall be protected in their persons and properties. Answer. All civil officers, (h.) 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 to be described in this or other article, are notwithstanding understood to be prisoners on parole. Art. X. That a twelvemonth's time be allowed all such as do not chuse to continue under the British government to dispose of their effects, real and personal, in the state, without any molestation whatever; or to remove such part thereof as they chuse, 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. Answer. The discussion of this article of course cannot possibly be entered into at present. Art. XI. That the same protection to their persons and properties, and the same 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 article. Answer. The subjects of France and Spain shall have the same terms as are granted to the French consul. Art. XII. That a vessel be permitted to go to Philadelphia with the general's dispatches, which are not to be opened. Answer. Granted, (k.) and a proper vessel 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. Done in Charles town, May 12, 1780. B. LINCOLN Done in camp before Charles town, May 12, 1780. (Signed) H. CLINTON M. ARBUTHNOT (From A History of the Campaigns of 1780 and 1781, in the Southern Province of North America?, by Lieutenant-Colonel Tarleton, pp56-67.) Tarleton, Ch 1., [G], p. 56f 5/12/1780 |
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