[draft] V Articles of Capitulation, Settled between his Excellency General Washington, Commander in Chief of the combined Forces of America and France; His Excellency the Count De Rochambeau, Lieutenant General of the Armies of [inserted: the King of] France, Great Corp of the royal and military order of St. Louis, commanding the auxiliary troops of His Most Christian Majesty in America; and His Excellency the Count de Graffe, Lieutenant General of the Naval Armies of His Most Christian Majesty, Commander of the order of St. Louis, commanding in chief the naval army of France in the Chesapeak - on the one part. - And the Right Honorable Earl Cornwallis, Lieutenant General of His Britannic Majesty's forces, commanding the garrisons of York and Gloucester; and Thomas Symonds Esquire commanding His Britannic Majestys Naval forces in York River, in Virginia - on the other part. V Article 1. Article 1. The garrison of York and Gloucester, including the officers and Seamen of His Britannic Majesty's Ships, as well as other Mariners, to surrender themselves prisoners Granted. of war to the combined forces of America and France. The land troops to remain prisoners to the United States - the navy to the naval army of his Most Christian Majesty. [2] V Article 2d. Article 2d. The artillery, arms, accoutrements, military chest and public stores of every denomination, shall be Granted. delivered, unimpaired, to the heads of departments appointed to receive them. V Article 3d. Article 3d. At 12 o'clock this day the two redoubts on the left flank of York to be delivered - the one to a detachment of American infantry, the other to a detachment of French grenadiers. The garrison of York will march out to a place to be appointed in front of the posts, at 2 o'clock precisely, with shouldered arms, colors cased, and drums beating a British or German march. They Granted. are there to ground their arms and return to their encampment where they will remain until they are dispatched to the place of destination. - Two works on the Gloucester Side will be delivered at 1 o'clock to detachments of French and American troops appointed to possess them. The garrison will march out at 3 o'clock in the afternoon, - the cavalry with their swords drawn, trumpets sounding - and the infantry in the manner prescribed for the garrison of York. They are likewise [3] to return to their encampment until they can be finally marched off. V Article 4th. Article 4th. Officers are to retain their side arms - both officers and soldiers to keep their private property of every kind, and no part of their baggage or papers to be at any time subject to search or inspection. Granted. The baggage and papers of officers and soldiers taken during the siege, to be likewise preserved by them. - It is to be understood that any property obviously belonging to the inhabitants of these states, in the possession of the garrison, shall be subject to be reclaimed. V Article 5th. Article 5th. The soldiers to be kept in Virginia, Maryland or Pennsylvania, and as much by regiments as possible, & supplied with the same rations of provisions as are allowed to soldiers in the service of America. A field officer from each Nation, viz[r] British, [and such] & Hessian, and other officers on parole, in the proportion of one to Granted. fifty men, to be allowed to reside near their respective regiments to visit them frequently and be witness of their treatment. And that these officers may receive and deliver clothing and other necessaries for them, for which [passports] are to be granted when applied for. Ar [4] V Article 6th. Article 6th. The General, Staff, and other officers, not employed as mentioned in the above article, and who chuse it, to be permitted to go on parole to Europe, to New York, or to any other American maritime posts as present in the possession of the British forces, at their own option, and proper vessels to be granted by the Count de Graffe to carry men under flags of truce to New York, within ten days from this date, if possible, and they to reside in a district to be agreed upon hereafter until they embark. The officers of the civil departments of the Army and Navy to be included in this article. Passports to go by land to be granted to those to whom vessels cannot be furnished. V Article 7th. Article 7th Officers to be allowed to keep soldiers as servants, according the common practice of the service. Servants not soldiers, are not to be considered as prisoners and are to be allowed to attend their Master. V Article 8th. Article 8th. The [Bonetter] sloop of War to be equipped and navigated by its present captain and crew, and left entirely at the disposal of Lord Cornwallis from [5] from the hour that the capitulation is signed, to receive an Aide de Camp to carry dispatches to his H. Clinton - and such soldiers as he may think proper to send to New York, to be permitted to sail without examination, when his dispatches are ready. His Lordship engaging on his part that the ship shall be delivered to the order of the Count de Graffe, if she escapes the dangers of the seas - that she shall not carry off any public stores - Any part of the crew that shall be deficient on her return, and the soldiers passengers, to be accounted for on her delivery. V Article 9th. Article 9th. The traders are to [preserve] their property The traders will be allowed to and to be allowed three months to dispose of their effects. The allied army dispose of or remove them. And those traders having the right to pre-emption. The traders are not to be considered prisoners of war. to be considered as prisoners of war on parole. V Article 10th. Article 10th. Natives or inhabitants of different parts of This article cannot be assented to - this Country at present in York or Gloucester, are being altogether of civil resort. not to be punished on account of having joined the British Army. Ar [6] V Article 11th. Article 11th. Proper [struck: articles] [inserted: hospitals] The hospital stores now in York and to be furnished for the sick and wounded - they are Gloucester shall be delivered for the to be attended by their own surgeons on parole, and use of the British sick and wounded- they are to be furnished with medicines and stores passports will be granted for from the American hospitals. procuring them further supplies from N. York, as occasion may require - and proper hospitals will be furnished for the reception of the sick and wounded of the two garrisons. V Article 12th. Article 12th. Waggons to be furnished to carry the They will be furnished if baggage of the officers attending the soldiers, possible. and to surgeons when traveling on account of the sick - attending the hospitals at public expence. V Article 13th. Article 13th. The shipping and boats in the two harbours, with all their stores, guns, tackling and apparel, shall be delivered up in their present state to an officer of the navy, appointed to take possession of Granted them, previously unloading the private property, part of which had been on board for Security during the Siege. Ar [7] V Article 14th. Article 14th. No article of the of the capitulation to be infringed on pretext of reprisal, and if there by any doubtful expressions in it, they are to be interpreted according to the common meaning and acceptation of the words. Done at York in Virginia, this 19th day of October 1781. Corwnallis Thos. Symonds [docket] Article of Capitulation 19 Octo 1781.