To George Washington from Lieutenant Colonel John Graves Simcoe, November 1779–December 1779
From Lieutenant Colonel John Graves Simcoe
[November–December 1779]
Sir,—I am induced to lay myself before you, from what I conceive to be a principle of duty, and that not merely personal.
You may, perhaps, have heard, sir, of the uncommon fortune that threw me into the hands of the Jersey militia.1
Gov. Livingston told me I was a prisoner of the State, a distinction I never till then was acquainted with, and observed, that it was probable I should be soon exchanged as such, naming to me officers of similar rank as the likely persons.
I was allowed my parole, was taken from it the 9th, and have ever since been confined a close prisoner in Burlington goal, with Col. Billop, who is in irons and chained to the floor, to retaliate for F. Randolph and Leshier, the later of whom is (said to be) confined in the same manner in New-York: my mittimus2 hath not expressed what I am imprisoned for; but, by the tenor of Governor Livingston’s letters, I suppose it is to retaliate for the former of those citizens, whom he allows to be a private soldier, and who is simply confined as such.3
Colonel Billop joins me in my application, sir, to you for redress from our unparalleled usage.
I apply to you, sir, either as a prisoner of war, or as appealing to you from an unjustifiable stretch of power without precedent or generosity.
I am led to consider myself as a prisoner of war under your authority, from Governor Livingston’s doubts expressed to me of his having the disposal of me; from his correspondence with Gen. Robertson, published in the newspapers, where he submits Gen. Dickinson’s prisoners to your disposal,4 and from Col. Billop, my fellow prisoner, being taken by a party of Continental troops, receiving his parole from Mr. Beaty, and living under it, till he was taken from it by a party of militia, and by M. Boudinot’s order confined in Burlington goal.
He claims the protection that was first extended to him from the Continental Commissary of prisoners.
I hope, sir, you will make use of the power that I conceive enabled you to transfer Col. Billop to the state of New Jersey, in extending to me the rights allowed by civilized nations, and which, without a given reason, I have been deprived of.
If, by any law I am unacquainted with, I am in the power and disposal of Governor Livingston, &c., I think myself entitled to appeal to you, sir, from the injustice used towards me, as I cannot suppose there is no application for redress in a case, which, if drawn into a precedent, must confound every distinction of rank, and will operate in a wider circle than that of the state of New Jersey.
Governor Livingston has offered, as he has written to me, to exchange me for Lt. Col. Reynolds, and Col. Billop for as many privates as make up his rank, naming among them the people for whom Col. Billop is avowedly retaliating.
This proposition, I conceive, it never was supposed Gen. Sir Henry Clinton could comply with.
I hope, sir, you will do me the honour of early attending to this letter; if Col. Billop only should be claimed by those whose prisoner he unquestionably appears to be, I should look upon it as a fortunate event, though I should be doomed to wear his ignominious chains. I have the honour to be, sir, Your most obedient and humble servant.
I beg leave to enclose to you Major Andre’s letter, though Governor Livingston, to whom I addressed it, has passed it by without notice; I hope it will be the means of my obtaining my parole to New-York.5
283–85. This printed source then continues: “General Washington never answered this letter, but in a very few days Colonels Billop and Simcoe were exchanged; and it is to be remarked, that soon after Congress passed an act, declaring that all prisoners whatsoever, whether taken by the Continental army or militia, should be absolutely at the disposal of their Commander in Chief, General Washington, and not of the Governors of the different provinces” ( 285). Congress adopted measures to centralize the handling of prisoners on 13 Jan. 1780 (see 16:48–52; see also 15:1288).
New Jersey officials had remained attentive to Simcoe’s exchange. While at Mount Holly on 29 Nov., Gov. William Livingston replied to an undated and unfound letter from Simcoe: “What you mean by being used as a Criminal I am at a loss to determine. If you refer to your Imprisonment, our people have received similar treatment from the British in numerous Instances. …
“If Sir Henry Clinton will agree to any Exchange, I can not see why he should object to the one proposed, and Considering that one of those whom we want to have liberated is in Gaol, & that the other has been chained to the floor for above four months, there is the highest reason for this State to insist upon it. If he is against all Exchanges whatsoever, to him you must ascribe the prolongation of your durance” ( 3:238–39). Simcoe responded to Livingston in an undated letter that in part reads: “Agreeable to my duty I shall forward Major Andre’s letter, and make application to to General Washington” ( 281–82; see also n.4 below).
1. For Simcoe’s raid into New Jersey that resulted in his capture, see GW to George Clinton, 29 Oct., and n.5.
2. Simcoe is referring to the warrant or order that had assigned him to captivity.
3. For Simcoe’s imprisonment and efforts to secure an exchange, see Livingston to GW, 9 Nov., and n.5 to that document.
4. This correspondence, presumably involving Livingston, Maj. Gen. James Robertson (royal governor of New York), and Maj. Gen. Philemon Dickinson of the New Jersey militia, has not been identified. Although Robertson had been named royal governor in late winter or early spring 1779, he did not reach New York City from England until March 1780.
5. Maj. John André’s letter proposed that Simcoe be “admitted on his parole to New York, the same indulgence being granted the rebel Colonel Baylor to Virginia” ( 280).