George Washington Papers

To George Washington from William Livingston, 9 November 1779

From William Livingston

Mount Holly [N.J.] 9 Nov. 1779

Dear Sir

By the Advice of the Privy Council I have directed our Commissary of Prisoners to Order Lieut. Collo. Simcoe to be confined in Burlington Jail; & he together with Collo. Billop of the Militia of Staten Island are proposed by way of Exchange for Collo. Reynolds1 Mr Randal2 & one Lashier3 & Jackson,4 with as many more privates as will make the Exchange equal. It is their farther Advice that our Commissary of Prisoners retaliate the Enemy’s Treatment of Randal & Leshier upon Simco & Billop unless those two unfortunate Men are immediately releived from the Severity of their Useage.5 Collo. Simcoe preferred his being a Prisoner to this State, in expectation of being by that means, the sooner exchanged; & his Imprisonment will doubtless be his best Security against the Resentment of the People, who are exceedingly irritated against him for the many Acts of Barbarity with which he is charged.6 But if your Excellency has any particular Reasons for desiring him as your Prisoner, I doubt not the Council will chearfully comply,7 as will with the greatest Alacrity Dr Sir Your Excellencys most obedient & very humble Servt

Wil: Livingston

P.S. I am under the most anxious Apprehensions about supplying the Troops with Flour, without more coercive Measures than8 the different Legislatures seem willing to adopt.9

ALS, DLC:GW; ADf, NN: William Livingston Papers, Letterbook.

1Thomas Reynolds (1729/30–1803) descended from a prominent Irish family and served in the Burlington County, N.J., militia as a lieutenant colonel and colonel. Apparently taken prisoner in late 1777 or very early 1778, he was exchanged sometime before March 1781, when a court-martial found him guilty of a failure “to assess fines upon certain persons who had refused to turn out on their tour of duty” in accordance with state law and penalized him “Fifteen Pounds lawful money of this state” (New-Jersey Gazette [Trenton], 16 May 1781). Reynolds resigned his commission on 18 Dec. 1782.

2Livingston is referring to former New Jersey militia officer Nathaniel FitzRandolph.

3John Lozier (Lezier, Loshier, Lashier) had been exchanged in January 1779 after having been taken prisoner in March 1778 for shooting a Loyalist in Bergen County, N.J. (see GW to Henry Clinton, 26 Dec. 1778, and Clinton to GW, 23 Jan. 1779). A British detachment seeking “Banditti” again captured Lozier in July 1779 (New-York Gazette: and the Weekly Mercury, 26 July 1779). Maj. Gen. James Pattison’s aide-de-camp Stephen Payne Adye wrote the provost marshal from New York City on 15 Nov.: “I am directed by Major Genl Pattison to signity to you, that notwithstanding the many Crimes laid to the charge of John Lashier, and for which he ordered him to be put in Irons; as he has remained so long in that Situation the General desires that he may be now Released from them, and put upon the same Footing, as the other Prisoners under your Charge” (Pattison, “Letters,” description begins “Official Letters of Major General James Pattison.” Collections of the New-York Historical Society for the Year 1875, 8 (1876): 1–430. description ends 300).

4Charles Jackson (1738–1785), an assistant deputy quartermaster general, assisted his family in keeping the Elm Tree Tavern in Woodbridge, New Jersey. Related to the FitzRandolph family through his mother and wife, Jackson was at his home with Nathaniel FitzRandolph when a Loyalist raid captured both men on 9 Feb. 1779 (see GW to John Conway, 10 Feb., n.1). Jackson was exchanged in early 1780.

5Livingston initiated exchange negotiations with a letter to Elisha Boudinot written at Trenton on 2 Nov.: “I am desired by the Privy Council to direct you as Commissary of Prisoners for this State immediately to cause Colonel Billop to be confined in close gaol and treated in the same manner as Capt. Fitzrandolph & John Lashier Prisoners at New York are treated by the Enemy until the said Fitzrandolph & Lashier are releived from their severe treatment or exchanged & that you negociate an exchange of Colonel Reynolds Capt. Fitzrandolph Mr. John Lashier Mr. Charles Jackson & such other Number of Citizens or privates as shall make the exchange equal for the said Colonel Billop & Lieut. Colonel Simpcoe & that you commit the said Colonel Billop to the Gaol of the County of Burlington. …

“It is supposed that on your application to Colonel Seely he will spare you a proper guard of the State Regiment posted at Elizabeth Town to carry Colonel Billop to Burlington & in their way thither they can take Lieut. Colonel Simpcoe at Bordentown where he now is on his parole, & convey them both to Burlington Gaol” (Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:190). For the directions of the New Jersey Privy Council on the same date, see Bernstein, N.J. Privy Council Minutes, description begins David A. Bernstein, ed. Minutes of the Governor’s Privy Council, 1777–1789. Trenton, 1974. In New Jersey Archives, 3d ser., vol. 1. description ends 136–37.

Responding to an unfound letter from Lt. Col. John Graves Simcoe, Livingston wrote from Mount Holly on 9 Nov.: “Your confinement & the order relative to Colonel Billop is in Consequence of the Advice of the Privy Council. Till they rescind their resolve I am not at Liberty to deviate from it. …

“Respecting your request of going to Staten Island on your Parole, I hope your Exchange will be negociated without it; & for that purpose any of your Letters on that Subject shall be cheerfully transmitted to New York” (Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:203–4; see also Livingston to Alexander Kellock, same date, and Simcoe to Livingston, 10 Nov., in Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:201–2, 212–13). Livingston again wrote Simcoe from Mount Holly on 11 Nov. about his exchange (see Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:214–16; see also FitzRandolph to Livingston, 26 Sept., and Boudinot to Livingston, 18 Nov., in Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:170–71, 223–24). Simcoe expressed his frustrations over the situation in undated letters to Livingston and to Henry Clinton (see Simcoe, Operations of the Queen’s Rangers, description begins John Graves Simcoe. Simcoe’s Military Journal: A History of the Operations of a Partisan Corps, Called the Queen’s Rangers, Commanded by Lieut. Col. J. G. Simcoe, during the War of the American Revolution . . .. 1844. Reprint. New York, 1968. description ends 274–78).

GW declined jurisdiction over Simcoe in a letter to Livingston written at West Point on 16 Nov.: “I am this day honored with your Excellency’s favr of the 9th Under the present establishment, Colo. Simcoe is to be considered as a prisoner of the State if they incline to claim him as such, and they have a right, by their Commy of prisoners, to propose any mode of Exchange which they may think eligible. Your Excellency’s letter informing me of this Gentlemans capture came to my hands very accidentally, it was dropped by the person to whom it was intrusted, and found upon the Road by a Country Man who delivered it to General Woodford.

“Give me leave to congratulate Yr Excellency upon your re-election to the Government” (Df, in Tench Tilghman’s writing, DLC:GW; Varick transcript, DLC:GW; see also Livingston to GW, 27 Nov.). New Jersey officials completed Simcoe’s exchange in late December (see Simcoe, Operations of the Queen’s Rangers, description begins John Graves Simcoe. Simcoe’s Military Journal: A History of the Operations of a Partisan Corps, Called the Queen’s Rangers, Commanded by Lieut. Col. J. G. Simcoe, during the War of the American Revolution . . .. 1844. Reprint. New York, 1968. description ends 285–86; see also Simcoe to GW, November–December, and the source note to that document). For the lengthy imprisonment of FitzRandolph before his exchange in September 1780, see GW to William Maxwell, 24 Feb. 1779, and n.4 to that document; see also Board of War to GW, 17–18 Aug., and n.5 to that document, and GW to the Board of War, 26 August.

6For Simcoe’s raid into New Jersey that resulted in his capture, see GW to George Clinton, 29 Oct., and n.5 to that document.

7For GW’s reply to Livingston on 16 Nov., see n.5 above.

8Livingston inadvertently wrote “that” for this word.

9Livingston had amplified his concerns over procuring flour in a letter to New Jersey delegate Nathaniel Scudder written at Mount Holly on 8 Nov. (see Prince, Livingston Papers, description begins Carl E. Prince et al., eds. The Papers of William Livingston. 5 vols. Trenton and New Brunswick, N.J., 1979–88. description ends 3:197–200).

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