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CHAPTER IX.

1781.

Proceedings of Virginia General Assembly-Amount to Nothing-Clinton detaches Phillips to Virginia-Governor Jefferson's Letters to President of Congress-Phillips invades Virginia Devastates the Country-Arnold destroys the State Marine-Commodore O'Brien's Statement of the Affair-British advance on Richmond-Exploits of the "Tobacco War" unsung-Lafayette at Richmond-Phillips's Threats-Tart Correspondence-Phillips retires-Met with Dispatches from Cornwallis-Returns to Petersburg-Cornwallis after Battle of Guilford Court House-Greene marches to South Carolina-General Consequences of this Measure-Terrible Consequences to Virginia— Greene's Justification-Cornwallis advances unresisted on Virginia-Phillips's Death -Lafayette's refusal to correspond with Arnold-American Prisoners threatenedGovernor Jefferson's Proclamation concerning Paroles-Legislature meet and adjourn -The Governor's Personal Movements His noticeable Letter to Washington, May 28th -Washington's Reply and Personal Acknowledgments-Cornwallis reaches Petersburg-His complete Superiority of Force-Flushed with his Prospects-Pursues Lafayette-Mercer's timely Arrival "The Boy Escapes"-Simcoe dispatched to the Point of Fork-Steuben's Retreat-Tarleton's attempts to seize Governor and Legislature A Detachment proceeds to Monticello-Preparations of the Governor, and his Retreat Conduct of two Slaves-Handsome conduct of British at Monticello-Tarleton's Orders on the Subject-Cornwallis's at another of Mr. Jefferson's Estates-Devastation and Butchery-List of Jefferson's Losses from Farm Book-The dying Slaves-Jefferson's Provocations to such Treatment-Cornwallis's customary Atrocities and Robberies-Why these Things should be remembered-Jefferson resolves to decline a Reelection-Continental Officers' Opinions of his Military Administration-Differences between Civil and Military Officers in the Revolution-Legislature meet at Staunton"Another Panic "-Another Dictator Project-Necessity of putting Jefferson hors de combat-Resistance justly anticipated from him--Charged with Official MisconductProposed Inquiry supported by his Friends-Dictator Project again relinquished from fear Jefferson then openly declines a Reelection-Votes of his Friends still required to prevent his Reelection-His Movements after retreating before Tarleton-Inquiry into his Conduct not an "Impeachment "-Inquiry deeply regretted by Friends of the Mover-The "Objections" and "Answers"-Character of the Objections-The "Flights" considered-Error in Congress Edition of Mr. Jefferson's Works Jefferson enters the Legislature to meet the Inquiry-Inquiry dropped-Unanimous Vindication of Governor Jefferson-George Nicholas's Reparation.

THE Virginia General Assembly re-convened March 1st, 1781, while Arnold continued lying at Portsmouth, and while, on the requisition of the Governor, the militia were mustering to

VOL. I.-21

821

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ACTION OF THE VIRGINIA LEGISLATURE, 1781. [CHAP. IX.

coöperate with the expected French expedition from Newport against that place. Richard H. Lee was chosen Speaker by the House of Delegates.

The events of the session we give in the language of Girardin's summary of them:

"The session was short, and almost exclusively devoted to the exigencies of the moment Legislative provision was made for raising two legions, each of which should consist of six companies of infantry and one troop of horse. The rules of Continental service and all the articles of war were extended to the militia, and martial law established within twenty miles of the American and the hostile camp. The recruiting service was invigorated by further encouragements. The Governor was empowered to call into the field such numbers of militia as circumstances might require; to impress provisions, horses, clothing, accoutrements, boats, vessels, wagons, and negroes to serve as pioneers; to apprehend disaffected persons; to send non-jurors into the enemy's lines; and to punish opposition to military laws with the loss of all civil rights. For the speedy trial of certain offenders, the establishment of commissions of Oyer and Terminer was directed; and the Executive were authorized to discontinue, if necessary, State quarter-masters and commissaries, and to place the resources of the Commonwealth in the hands of Continental staff-officers. The certificates given to citizens for impressed property were made receivable in lieu of specifics to be contributed, according to law, by those citizens. The resource of paper emissions was again recurred to, because no other method of providing for the exigencies of the times could be devised; the treasurer was consequently directed to emit 20,000,000 pounds, and the Governor authorized to issue 5,000,000 in bills to be redeemed in 1792 by means of an assessment on property. The depreciation had nearly reached its acme, and we will see the paper currency expire in the course of the present year."

In a note to the above, Girardin states that the " depreciation" in the paper money when the Legislature was passing these enactments, "was about ninety for one;" and that it was still going on so rapidly, that it soon reached "a thousand for one," and "became extinct!" It will be seen, therefore, how much the "resource of paper emissions" amounted to, and how deplorable was the condition of affairs, when there was "no other method of providing for the exigencies of the times!" How "legions" were to be raised-how the "recruiting service" was to be "invigorated"—or any other efficient provision made against an invader then in the State-beyond using the present militia and seizing necessary supplies by force, so far as it would be safe to resort to that alternative-does not appear. The Legislature had done perhaps all it could; and besides arming a few officers with additional powers--which would not bring a gun, or a pound of powder, or a cartridge box into the

CHAP. IX.]

AMOUNTED TO NOTHING.

323

State, or scarcely a dollar into the wholly bankrupt treasuryhad done, substantially, nothing. We have already shown why the power of impressment, in men or specifics, was, to a considerable extent, but a nominal resource; that at best it was no approach to an adequate resource against the merest handful of bold and active invaders.

On the 21st of March, Sir Henry Clinton detached two thousand men, under General Phillips, from New York, for Virginia. They soon landed at Portsmouth, where Phillips assumed the principal command.

On the 28th, not yet informed of the arrival of the British forces in the State, Governor Jefferson wrote the President of Congress:

"I observe a late resolve of Congress, for furnishing a number of arms to the Southern States; and I lately wrote you on the subject of ammunition and cartridge paper. How much of this State the enemy, thus reinforced, may think proper to possess themselves of, must depend on their own moderation and caution, till these supplies arrive. We had hoped to receive by the French squadron under Monsieur Destouches, eleven hundred stand of arms, which we had at Rhode Island, but were disappointed. The necessity of hurrying forward the troops intended for the Southern operations, will be doubtless apparent from this letter."

To the same, March 31st:

"The amount of the reinforcements to the enemy, arrived at Portsmouth, is not yet known with certainty. Accounts differ from fifteen hundred to much larger numbers. We are informed they have a considerable number of horse. The affliction of the people, for want of arms, is great; that of ammunition is not yet known to them. An apprehension is added, that the enterprise on Portsmouth being laid aside, the troops under the Marquis Fayette will not come on. An enemy three thousand strong, not a regular in the State, nor arms to put in the hands of the militia, are, indeed, discouraging circumstances."

To the same, April 7th:

"Hearing that our arms from Rhode Island have arrived at Philadelphia, I have begged the favor of our delegates to send them on in wagons immediately, and, for the conveyance of my letter, have taken the liberty of setting the continental line of expresses in motion, which I hope our distress for arms will justify, though the errand be not purely continental."

Phillips remained strengthening the fortifications at Portsmouth, and preparing boats for an expedition, until the 18th of April, when he embarked twenty-five hundred men, and com menced ascending the James. He landed near Williamsburg

324

PHILLIPS'S INVASION.

[CHAP. IX. compelling Colonel Innes, in command of a body of militia there, to retire. One of his divisions entered Williamsburg on the 20th, and the other proceeded to the State shipyard on the Chickahominy, and burnt the small amount of shipping and stores found there. He reëmbarked on the 22d, and two days after again landed at City Point, on the south bank of the Appomatox at its confluence with the James. The next day he advanced on Petersburg. The place was defended by Baron Steuben with a thousand militia. By a series of skillful movements, the latter contrived to hold the enemy in check for a couple of hours, and he then retired over the Appomatox, taking up the bridge to prevent immediate pursuit. Phillips destroyed here a large quantity of tobacco, a considerable amount of other stores, and some small vessels. On the 27th, he marched with one division to Chesterfield Court House, and burnt the barracks and stores there. Arnold was dispatched with the other to Osborne's, where he destroyed a large quantity of tobacco, and then ascended the river to a place where most of the small marine force of the State had been collected. Arnold's artillery entirely commanding the river, the crews were speedily compelled to retire, which they did after scuttling and setting fire to their vessels.' Phillips and Arnold reunited and advanced to

1 It may be a matter of some curiosity to Virginia readers to compare the statements of this affair given by several Virginia writers, with the following, by a participator in the action, who was subsequently Consul-General of the United States to the Barbary Powers. "Commodore O'Brien" is honorably mentioned in the diplomatic papers of the period. He became, on his return, a respected citizen of Pennsylvania, represented his county in the legislature, etc. His letter (the original of which is before us) is addressed to Andrew Monroe, residing near Milton, Albemarle county, Virginia:

"TO MR. MONROE, ETC.

“Washington City, February, 1822. "SIR-It is nearly forty years since we have been shipmates, or that I have seen you. I was first-lieutenant of the State Brig Jefferson, under Captain Traverse, and had the command of said vessel when we destroyed her at Osborne's, below Richmond. I believe the date was, in 1781. Mr. Jefferson was Governor of Old Virginia.

"I had been at Princess Anne and Norfolk counties when the British Arnold, Simcoe and Dundas ravaged those counties, and found the citizen militia under the orders of Col. Matthews Thoroughgood, Robinson Walker and Weeks Lawson, etc.; and when we were drove out to Blackwater Bridge, I then had the command of the artillery, when all came under the orders of General Gregory of North Carolina. I quitted the same with dispatches for Richmond, crossed from Lynhaven Bay, after burning the bridges in Norfolk County and from the eastern shore crossed to York, forwarded on the letters, and entered the State navy service at the request of the Honorable James Maxwell; and was first-lieutenant superintending the building of the State frigate, the Thetis, at Chickahominy.

:

"[On] the hostile appearance of the British from Norfolk and Portsmouth, I was ordered on board the State Brig Jefferson, and proceeded up James River where we considered with Mr. Maxwell, Markham, Steele, Saunders and yourself, that at Osborne's was the best place to take a stand, the militia to secure the land position under Steuben. But the militia gave way on the advance and fire of the British, and the State ships under Capt. Markham, Steele, etc., in trying to bring across the river, the current drove them

CHAP. IX.]

THE TOBACCO WAR.

325

Manchester, lying on the opposite bank of the river from Richmond. Here the tobacco suffered its usual fate.

In Richmond, there was a quantity of public stores again collected, and considerable tobacco, and therefore it was important to again capture the town!' Nelson was in it with a corps of militia; Muhlenburg higher up on the other side, and Steuben advancing. Lafayette, learning at Baltimore the critical condition of Virginia, had left his artillery and tents to follow him, and hurried forward by forced marches to Richmond.' He reached there with nine hundred men April 29th, the day before Phillips entered Manchester. The latter had addressed Lafayette from his camp at Osborne's, April 28th, demanding certain persons alleged to have fired on a flag of truce, and a public disavowal of their conduct, under pain of desolating the towns and villages lying at the mercy of the King's troops; and

under the battery and shore of [at?] the spot occupied by the British, and said State ships surrendered.

"This circumstance left the State brig Jefferson [alone], for you well know the ship Letter of Marque, commanded by C. Lewis, was soon abandoned, and we had to resist all the British force of cannonading and in firing at the enemie; and that shortly after all the other vessels had been evacuated by their crews.

"You will remember, Monroe, I sent you to scuttle and set fire to several vessels, to prevent their falling into the power of the British; and I well remember you, a youth, performing that arduous duty, under the fire from the British battery, and also the additional fire of the surrendered ships, which Markham had a few minutes before commanded; and that the State brig Jefferson covered your exertions, until you, with SailingMaster Nicholson, accomplished this requisite service.

"When between us, with Nicholson, Saunders, and our doctor, and I believe young Mococke, we did determine after all that the State brig should not fall into the power of the invading foe, [but] to set said vessel on fire fore and aft, and to blow her up by a fire placed near the powder magazine. You well know that you and O'Brien were the officers in the last boat prior to the burning and blowing up of said State brig The Jefferson.

"That we saved nothing but the clothes we had on.

"That after this, next day we were employed at Manchester removing stores and provisions to Richmond; and I shall never forget but with my last breath, the desolate manner in which the officers and seamen left Richmond, steering on to the N. E.-when before we came to Bowling Green we parted-and after 41 years navigating the world by land and water, we again come, I believe, in these letters, [within] hailing [of] each other. How fare you, friend? My left knee and leg was injured by the splinters, when covering your exertions in destroying the vessels.

"I was 19 years on the Algerine coast, and was negotiator in Commodore Preble's fleet in the attacks on Tripoli; and latterly [have] resided at Carlisle, in Pennsylvania.

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"I shall always hold you my old friend, Monroe, in kind remembrance.

"Your most obt. servt.

"R. O'BRIEN.

"P. S.-You know by the event to Capt. Markham that I was [left] the senior officer on the event at Osborne's."

It is singular that among the Revolutionary doggerels, the exploits of the "Tobacco War" were not fitly commemorated! The banner which, under Cœur de Lion, unfurled to the breezes of Palestine, in the Crusades-which waved proudly on the fields of Agincourt and Cressy, of Blenheim and Ramilies-now glancing fitfully through the dun clouds, not of battle but of tobacco smoke, would be an inspiring theme!

Lafayette to Washington, April 18th. (Memoirs, Correspondence, etc., of General Lafayette, published by his family, vol. i. p. 403.)

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