The shipping and boats in the two harbours, with all their guns, stores, tackling, furniture, and apparel, shall be delivered in their present state to an officer of the navy appointed to take possession of them.

The artillery, arms, accoutrements, military chest, and public stores of every denomination, shall be delivered unimpaired, to the heads of departments, to which they respectively belong.

The officers will be indulged in retaining their side arms, and the officers and soldiers may preserve their baggage and effects with this reserve, that property taken in the country will be reclaimed.

With regard to the individuals in civil capacities, whose interests your lordship wishes may be attended to, until they are more particularly described, nothing definitive can be settled.

I have to add, that I expect the sick and wounded will be supplied with their own hospital stores, and attended by British surgeons particularly charged with the care of them.

Your lordship will be pleased to signify your determination either to accept or reject the proposals now offered, in the course of two hours from the delivery of this letter, that commissioners may be appointed to digest the articles of capitulation, or a renewal of hostilities may take place.

I have the honour to be, my lord, &c.

GEORGE WASHINGTON.

Lieutenant General Earl Cornwallis.

York, in Virginia, 18th October, 1781.

SIR,—­I agree to open a treaty of capitulation upon the basis of the garrisons of York and Gloucester, including seamen, being prisoners of war without annexing the condition of their being sent to Europe; but I expect to receive a compensation in arranging the articles of capitulation for the surrender of Gloucester in its present state of defence.

I shall in particular desire that the Bonetta sloop of war, may be left entirely at my disposal from the hour the capitulation is signed, to receive an aid-de-camp to carry my despatches to Sir Henry Clinton and such soldiers as I may think proper to send as passengers in her, to be manned with fifty men of her own crew, and to be permitted to sail without examination when my despatches are ready; engaging on my part that the ship shall be brought back and delivered to you, if she escapes the dangers of the sea; that the crew and soldiers sent as passengers shall be accounted for in future exchanges as prisoners; that she shall carry off no officer without your consent, nor public property of any kind; and I shall likewise desire that the traders and inhabitants may preserve their property, and that no person may be punished or molested for having joined the British troops.

If you choose to proceed to negotiation on these grounds, I shall appoint two field officers of my army to meet two officers from you at any time and place you think proper, to digest the articles of capitulation.  I have the honour to be, sir,