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ally interesting, I think it proper to transmit it to you, with the reasons supporting it.* It will add much to our satisfaction, to know it meets your approbation. I have the honor to be, with every sentiment of private respect and public gratitude, Sir, your most obedient and most humble servant, Th: Jefferson. P. S. The distance of our northern and western counties from the scene of southern service, and the necessity of strengthening our western quarter, have induced the Council to direct the new levies from the counties of Yohogania, Ohio, Monongalia, Frederick, Hampshire, Berkeley, Rockingham, and Greenbrier, amounting to somewhat less than three hundred men, to enter into the ninth regiment at Pittsburg. The aid they may give there, will be so immediate and important, and what they could do to the southward, would be so late, as, I hope, will apologize for their interference. T. J. * For the letter of Colonel Clarke, and the order referred to, see Appendix A. LETTER VIII.--TO GENERAL WASHINGTON, July 17, 1779 TO HIS EXCELLENCY GENERAL WASHINGTON Williamsburg, July 17, 1779. Sir, I some time ago enclosed to you a printed copy of an order of Council, by which Governor Hamilton was to be confined in irons, in close jail, which has occasioned a letter from General Phillips, of which the enclosed is a copy. The General seems to think that a prisoner on capitulation cannot be put in close confinement, though his capitulation should not have provided against it. My idea was, that all persons taken in war, were to be deemed prisoners of war. That those who surrender on capitulation (or convention) are prisoners of war also, subject to the same treatment with those who surrender at discretion, except only so far as the terms of their capitulation or convention shall have guarded them. In the capitulation of Governor Hamilton (a copy of which I enclose), no stipulation is made as to the treatment of himself, or those taken with him. The Governor, indeed, when he signs, adds a flourish of reasons inducing him to capitulate, one of which is the generosity of his enemy. Generosity, on a large and comprehensive scale, seems to dictate the making a signal example of this gentleman; but waving that, these are only the private motives inducing him to surrender, and do not enter into the contract of Colonel Clarke. I have the highest idea of those contracts which take place between
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