nation
and nation, at war, and would be the last on earth to do any thing in
violation of them. I can find nothing in those books usually recurred
to as testimonials of the laws and usages of nature and nations, which
convicts the opinions I have above expressed of error. Yet there may
be such an usage as General Phillips seems to suppose, though not taken
notice of by these writers. I am obliged to trouble your Excellency on
this occasion, by asking of you information on this point. There is no
other person, whose decision will so authoritatively decide this doubt
in the public mind, and none with which I am disposed so implicitly
to comply. If you shall be of opinion that the bare existence of a
capitulation, in the case of Governor Hamilton, privileges him
from confinement, though there be no article to that effect in the
capitulation, justice shall most assuredly be done him. The importance
of this point, in a public view, and my own anxiety under a charge of
violation of national faith by the Executive of this Commonwealth, will,
I hope, apologize for my adding this to the many troubles with which I
know you to be burdened. I have the honor to be, with the most profound
respect, your Excellency's most obedient

and most humble servant,

Th: Jefferson.

P. S. I have just received a letter from Colonel Bland, containing
information of numerous desertions from the Convention troops, not less
than four hundred in the last fortnight. He thinks he has reason to
believe it is with the connivance of some of their officers. Some
of these have been retaken, all of them going northwardly. They had
provided themselves with forged passports, and with certificates of
having taken the oath of fidelity to the State; some of them forged,
others really given by weak magistrates. I give this information to
your Excellency, as perhaps it may be in your power to have such of them
intercepted as shall be passing through Pennsylvania and Jersey.

Your letter enclosing the opinion of the board of war in the case of
Allison and Lee, has come safe to hand, after a long passage. It shall
be answered by next post. T. J.

LETTER IX.--TO GENERAL WASHINGTON, October 1, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON.

Williamsburg,

October 1, 1779.

Sir,

On receipt of your letter of August 6th, during my absence, the Council
had the irons taken off the prisoners of war. When your advice was
asked, we meant it should decide