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It gives me real concern to find that there is any one citizen in the commonwealth so insensible of the advantagesof which himself and his posterity must derive from the present form
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of government (original illegible) they can expect on return to dominion under a foreign state as to wish to return to it. I suppose they have materially considered the matter before they took the dangerous step they ventured on, that they have made up their minds and reasoning on the subject is vain. It remains to determine what shall be done. The most rigorous decisive measure should be continued for seizing everyone on whom probable proof of guilt shall appear. Those who have been the leaders of the combination, who have enlisted others into it, or who have accepted of commissions from the enemy, should be tried before the examining court for high treason and if found guilty, sent here for further trial. Those smaller offenders who barely assented to it, whose unequivocal proofs of repentance give assurance of a real change of opinion, and so may be useful as witnesses to dis- cover the whole plot and convict the offenders, it would per- haps be better to disarm but put into a course of legal pro- secution. A pardon is what may be granted in any other case to qualify them as witnesses, but in the case of high treason, the Executive have no power of pardon; that rests with the legislature which will not meet, as you know, 'till October. Your activity on this occasion deserves commendation and meets it from the Executive. The method of seizing them at once, which you have adopted, is much the best. No expense of guards must be spared as far as they shall be found nec- cessary, and the sooner those found guilty can be sent down the better. The attorney for the Commonwealth in your coun- ty will doubtless advise you on your proceedings to which I can add nothing but an exhortation but to continue the energy with which you have begun to suppress these parricides of their country before they shall have further leisure to draw other innocent men into the same danger.
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COLONEL WILLIAM PRESTON of Montgomery County
County Lieutenant August 8, 1780
TO GOVERNOR THOMAS JEFFERSON
3 PAPERS OF THOMAS JEFFERSON, 533.
A most horrid conspiracy amongst the Tories in this county being providentially discovered about 10 days ago, obliged me NOT only to raise militia of the county, but to call for so large a number from the counties of Washington and Botetourt, that there are upwards of 400 mennow on duty, exclusive of a party which I hear Colonel Lynch marched from Bedford toward the Lead Mines yesterday. COLONEL HUGH CROCKETT sent two young men amongst the Tories as Tory officers, with whom they agree to embody to a very great number near the Lead Mines the 25th Instant, and af- ter securing that place to overrun the Country with the as- . sistance of British Troops, who they were made to believe would meet them and relieve the CONVENTION PRISONERS. These they were to arm and THEN SUBDUE THE WHOLE STATE. A list of a number of officers was given to our spies. This deception gave our militia an opportunity of fixing as many of them who have been taken, and I believe there are near 60 now in confinement. A number of magistrates were called together from this county and Botetourt to enquire in- to the conduct of these deluded wretches in which we have been engaged three days. **** a fortnight as there are new prisoners being brought in hourly and new discoveries mak- ing. One has been enlarged on security of £100,000 to ap- pear when called; some have BEEN WHIPPED; and others against whom little can be made appear, have enlisted to serve in the Continental Army. THERE IS YET ANOTHER CLASS WHICH COMES FULLY WITHIN THE TREASON
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LAW, that we cannot punish otherwise than by sending to the best prisons of the neighboring counties until they can be legally tried, according to an act of the last session of the Assembly, to which, however, we are strangers, as we have not been able to obtain a copy.
LIST OF OFFICERS APPOINTED AUGUST 1780
Bedford Order Book, No. 6, 1774-1782
Pp. 292-294, August 28, 1780
John Smith, Capt. Richard Haile, 1st Lt.
John Dines, 2nd Lt. John Stankey, Ensign David Beard, Capt. William Ewing, 1st Lt. John Campbell, 2nd Lt. Sam Beard, Ensign William Milam, 2nd Lt. Austin Leftwich, 2nd Lt. John Phelps, 1st Lt. William Thornhill, Ensign Hinman Wooster, 2nd Lt. Jeremiah Pate, 2nd Lt. Thomas Pate, 2nd Lt. William Terry, Ensign Alex Butler, 1st Lt. Daniel Perrow, Ensign
George Turnbull, 1st Lt. William Terry, Ensign Thomas Hayth, 2nd Lt. Joseph Stith, Ensign Haile Talbot, Capt. Skelton Taylor. 1st Lt. Jacob Mason, 2nd Lt. Benjamin Rice, Ensign James Burns, 2nd Lt. Shelldrake Brown, Ensign Benjamin Arthur, Ensign Richard Walden, Ensign Thomas Callaway, 1st Lt.
P. 298, Sept. 25, 1780 Thomas Johnson, 2nd Lt. John Rucker, Ensign
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PUBLICATIONS ON THE LYNCH LAW SINCE 1900
THE ORIGIN AND HISTORY OF THE LYNCH LAW, by Howell C. Featherston, THE GREEN BAG, American Law Book Company, 1900.
THE REAL JUDGE LYNCH , by Thomas Walker Page, the ATLANTIC MONTHLY, December, 1901.
THE TERM LYNCH LAW, by Albert Matthews, MODERN PHILOLOGY for October, 1904.
LYNCH LAW - --- INVESTIGATIONS, by James Elbert Cutler, Ph. D. New York, 1905.
ORIGIN OF THE TERM LYNCH LAW, by Albert Matthews. Address before the Colonial Society of Massachusetts, 1929. See Volume 27, Publications of the Colonial Society of Massachusetts, (1927-1930), pp. 256-271. Ed. note: this address gives Mr. Matthews' reasons and research for changing from the Charles Lynch version of the Lynch Law to that of William Lynch.
JUDGE LYNCH HIS FIRST HUNDRED YEARS. by Frank Shay, Ives Washburn Inc., New York, 1938.
Volume II, DICTIONARY OF AMERICANISMS, p. 1010, University of Chicago Press, 1951.
ORIGIN OF THE LYNCH LAW - 1780, by Alfred Percy
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In aelving into this research we have refuted both in the ORIGIN OF THE LYNCH LAW-1780 andin this small book the various other Virginia versions, especially that of Captain William Lynch of the Danville area who later gave chase to the overflow Tories and freebooters that escaped the Bedford County and Montgomery County authorities.
This version of the affair was stressed by Sir William Craigie, mainly because of its original notice having appeared in Volume 2, THE SOUTHERN LITERARY MESSENGER, 1836, a few months after Edgar Allen Poe had taken over the editorship of that magazine. Poe was very young at the time. Sir William Craigie was influenced in his name derivations by literature as well as history. In this case he swung from the Charles Lynch version to the William Lynch version for use in THE DICTIONARY OF AMERICANISMS, 1951, under the editorship of Dr. Mitford Mathews. Mr. Albert Matthews of the Colonial Society of Massachusetts wrote articles on the Charles Lynch version of the Lynch Law origin as early as 1904. He deplored the fact that the two best accounts of the Charles Lynch version of the origin of the Lynch Law, ORIGIN AND HISTORY OF THE LYNCH LAW, by Howell C. Featherstone, Lynchburg, Va., published in GREEN BAG, a publication of The American Law Book, Company in 1900, and THE REAL JUDGE LYNCH, by Dr. Thomas Walker Page, THE ATLANTIC MONTHLY ,December
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1901, did not publish their source material. Actually Mr. Matthews was close to the truth several times, but when he could not uncover the key to the mystery he veered off to the William Lynch version. After the death of Mr. Featherstone his papers were examined but the sources did not appear.
This writer and researcher believed in the ability of both Mr. Featherstone and Dr. Page and that what they had known about the subject was more than just folklore and legend. I could not help but feel that to follow the obiter dicta of so great an authority as Sir William Craigie would be but follow- ing the mistake so often made in this country; a man who is an authority and/or a success in one line is automatically considered an authority in all other lines of endeavor. He may well be such an authority but it has proven to be a danger- ous procedure in historical research. In this case it is par- ticularly unfortunate as a leading scholar has influenced the publication of an error in history in a national reference publication. The correction of this sort of error may well take years to accomplish.
It is unfortunate that Sir William Craigie and his re- searchers did not uncover the key to unlockthis mystery. This would have helped Virginia historians prove the truth. As it is today people do not bother to search out the truth even in this section of Central Virginia where the Tory insurrection was planned and thwarted and where the truth
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was uncovered and published. It takes a long time to cancel out the effects of old wives tales, gossip of the past, because "truth is stranger than fiction, " and a darn sight harder to prove in the minds of the people.
Most of my research and writing deals with Central Virginia and its nearby environs. An important part of this research deals with events and people which have spread outward from Central Virginia such as the development of upland river transportation, the origin of the Lynch Law, migration, religion and politics. This must be and is based on the record. It is not interpretive history built upon the interpretation of others without checking their sources if any. Therefore, when others, from within or without, trespass on the historic record of this area by inaccurate presentation or by failure to give credit for sources the only alternative is to bring this to the attention of the public.
From the cover by ANN PERCY for ORIGIN OF THE LYNCH LAW - 1780
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LIST OF OFFICERS COMMISSIONED FEBRUARY 24, 1778 BEDFORD COUNTY MILITIA
HISTORICAL RECORD OF VIRGINIANS IN THE REVOLUTION, 1775-1783, by John H. Gwathmey, 1938 Dietz, Richmond, Va., lists Charles Lynch commis- sioned colonel both in Bedford County Militia and the State Lead Mines as of of February 24, 1778.
BEDFORD COUNTY COURT ORDER BOOK NO. 6, 1774-1782, page 141, February 24, 1778.
List of men recommended to Governor. Patrick Henry by the Bedford County Court as proper persons to act as Militia Officers in this County:
COLONEL: Charles Lynch, Esq. LIEUTENANT COLONELS: Jeremiah Early, Esq., William Callaway, Esq.
MAJORS: William Trigg, Esq., William Leftwich, Esq. CAPTAINS: Jacob Early, John Callaway, John Otey, John Trigg, ROBERT ADAMS, Thomas Watts, Anthony Pate, Jonathan Richeson, William Rentfroe. FIRST LIEUTENANTS: Jesse Tate, Robert Alexander, John Phelps, William Hudnall, Thomas Helm, Henry Davis.
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SECOND LIEUTENANTS: Bowen Price, Augustine Leftwich, James Adams, David Martin, John Helm. ENSIGNS: Robert Irvine, William Vardiman, Edmond Franklin, Owen Franklin.
The following Justices sat in this session of the Bedford County, Virginia, Court: Jeremiah Early , Guy Smith, Charles Lynch, John Callaway.
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ADDI TIONAL BIBLI OGRAPHY
Colonel James Calloway, as superintendent of State Lead Mines and furnishing of slaves to work them. Vol. 1 Council Reports And Compiled Letters of Henry And Jefferson While Governors, page 6. July 13, 1776.
Same, page 58, Order of Continental Congress, 15, 000 bbls. of lead. Offer of Mr. Talbot of wagons to deliver lead to Winston's Warehouses on James River just below Lynch's Ferry. Calloway as super- intendent, same, pages 148, 163. There are many letters regarding the lead mines: orders, deliveries, building of stockade for protection, garrison of 25 men and officers etc., in this volume.
Charles Lynch made superintendent early in 1778, pages 236, 255; releasing Col. Calloway for duty in Bedford.
Counterfeiting: Amherst: Cabells And Their Kin 100. Bedford: see History of Bedford County(Court). Bedford: re fear of British agents and Tories, 24 Va. 46. Lynch, in action against Tories near lead mines, 1778, Kegley's Virginia Frontier, 665.
Re England's attitude toward Colonies, generally, see Bruce's Social History, Sam's Conquest, Lieutenant William Timberlake's Diary.
British Lt. Gov. Hamilton, in New London jail when on way to Williamsburg. 1 Va. Cal. State Papers 319 et ceq. Tory Activity: showing lead up: From Kegley's Virginia Frontier, pages 653 et ceq; horse-poisoning, etc. 655; letter Col. William Preston to General Muhlenburg, re Secret Agent John Wyatt. 665 action V. Tories at lead mines.
Personalities of County Lieutenants Colonel William Fleming of Botetourt, Colonel William Preston, Montgomery, Colonel James Calloway, Bedford, Va. Frontier in History, by Bushnell, 23 Va. 113, 256, 337. Colonel J. Calloway: Dec. 28, 1778, qualified and ordered County Lieutenant by court. 10 W(1) 142.
Harry Innis, 4 Va. 387, 1779 Excheator of British property for Bedford County. 1781, Commissioner Specific Tax And Commissary Bedford County Militia. 1782 District Com. for six southside counties. As a prominent judge in Kentucky after leaving Virginia: see Weep No More My Lady, by Alvin F. Harlow, Whittlesby House, N. Y. 1942, pages 363, 421. Our Kin, by Mary Denham Ackerly and Lulu Eastman Jeeter Parker, Bell 1930, on Innis Calloway, Oxford Iron Mines.
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Convention Prisoners at Charlottesville: Captain Samuel J. Cabell's Company of Amherst Rangers spearheaded Morgan's Riflemen in Battle of Saratoga, victory of which led to Convention Agreement and Prisoners to Charlottesville. See pages 198-9, Brown's Cabells And Their Kin. For picture of a British Officer's life as prisoner in Charlottesville, see Wood's History of Albermarle.
Jefferson's letter of June 16, 1780, showing worry regarding possibility of freeing Convention Prisoners by a swift cavalry invasion Vol. 2 Letters of Henry and Jefferson while Governors, page 131. Prisoners complain of unsifted corn meal, Vol. 1 Va. Cal. State Papers, 405. Letters regarding the removal of the German prisoners after British prisoners had already been re- moved from Charlottesville, see Vol. 1 Va. Cal. State Papers, pages 525-8-9.
Colonel William Preston's papers on Tory activity and con- spiracy in and near Montgomery County: see Vol. 4 Randolph-Macon Historical Papers, Page 314 et ceq. Jefferson's letters and orders of August 1, 1780, to Colonels Calloway and Lynch regarding the Tory Conspiracy: see Vol. 2 Letters of Henry & Jefferson While Governors,
146-475. Also see 27 V. 157-163 for Kinder Confession. Miss Juliette Fauntleroy's Notes On Charles Lynch: also 33 Va. 399.
The Real Judge Lynch by Dr. Thomas Walker Page, December 1901, Atlantic Monthly, page 731.
Campbell County Chronicles, by R.H. Early. Lynchburg And It's People, by W. Asbury Christian. Lynchburg And Her Neighbors, by Rosa Faulkner Yancey. New London: Descriptions by the Marquis de Chastellux and Isaac Weld, see Travels In Virginia In Revolutionary Times, edited by A.J. Morrison, Bell, Lynchburg, 1922. Re Army Supplies in Bedford and Continental Army Captain Irish at New London: 4 Va. 387. Correspondence: William Davis, Com. of War of Virginia and Harry Innis. David Ross, and Central Piedmont Iron in the Revolution. See Kegley's Virginia Frontier, pages 467, 569, 572. Vol. 1 Va. Cal. State Papers, 433, 484, 506, 526, Iron, 372, 433, 454, 606. Jefferson's Notes On Virginia: Virginia's Lost Industry, by John D. Capron; Oxford Iron Works, by Miss Juliette Fauntleroy. Ross report and suggestions re Lead Mines, 1 Va. Cal. State Papers, 602; Appointment as State Commercial Agent, same page, 484.
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Arnold V. Virginia, December 1780, 26 W(1) 56. Mental trend of discouraged patriots toward seeking safety in submission during winter and early spring 1780-81, page 252 Memoirs Of Gen. Henry Lee, ed. Robert E. Lee. Also see: letters, reports, orders in 2 Letters of Governors Henry & Jefferson, and 1 Va. Cal. State Papers. Mental attitude of Tories following suppression of conspiracy as British brought war closer to Virginia. Letter of Col. James Calloway to Jefferson, 1 Va. Cal. State Papers, 590. Same 510, British prisoners on February 12, 1781, at New London. Same 514, British prisoners escaping in Bedford and Henry Counties due to inadequate guards. Same 576, Bedford Militia serving both at Portsmouth and with General Greene.
Colonel Charles Lynch in Richmond at time Governor Jefferson received urgent plea from General Greene. Orders to Lynch confirming verbal orders to raise Bedford Militia and join Greene, Feb. 15, 1781. Vol. 2 Henry and Jefferson Letters While Governors, 343. Also pages 372, 379 to Gen. Dawson and Speaker Richard Henry Lee concerning above.
Re assistant manager to serve under Lynch at lead mines, and Jefferson's instructions to Ross to employ a larger force to mine the much needed lead ore. Same as above page 438.
Re discharge of two companies of Amherst and Albermarle due to long, faithful service and lack of clothes and shoes. 1 Va. Cal. State Papers 590.
See Diary of Rev. Sam Houston in Foote's Sketches, page 142 re account of Valley Militia march over Blue Ridge and down to North Carolina for Battle of Guilford Court House.
Battle of Guilford Court House, N. C. and Lynch's Riflemen, see Charles Caldwell's Memoirs etc. of Nathaniel Greene, Philadelphia, 1819, page 233, Lee's Memoirs, 269 footnote. Lossing's Field Book of the Revolution. Jefferson's statement denying Lee's statement that Tarleton had penetrated as far as New London, Vol. 17, Writings of Jefferson, 1903 The Thomas Jefferson Memorial Association, 13-19. See also Cabells And Their Kin by Brown for letters, County Lieutenant Hugh Rose of Amherst.
Reluctance of Northern Troops to march South to continue the struggle, see When The French Were Here, by Stephen Bonsal Doubleday-Doran, 1945, page 119. This book is excellent in showing the condition of the country, the people and the Cause, from 1780. Much of the re- search was done in France.
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Index
A
Adams, Jr. Captain Robert, 9, 10, 13, 18; 20, 21, 28, 32, 33 Albermarle Barracks, 4, Il1. 5 Albermarle County, 23 Albermarle County Militia, 4 American Law, 7 American Revolutionary Cause, 16 Amherst County, 23 Amherst County Militia, 4 Assembly, 11 ATLANTIC MONTHLY 39, 40
B
Ballad Lynch, 21 Battle of King's Mountain, 18 Beaver Creek, 11 Bedford - Campbell Area, 9 Bedford County, 3, 7, 8, 9, 10, 11, 15, 23, 28, 31, 32, 40,42 Bedford County Clerk's Office, 11 Bedford County Militia, 8, 9 Bedford Mounted Riflemen, 9, 10 Biblical Parable, 2 Bill of Rights, 19 Blue Ridge Mountains, 7, 8, 10, 15, 17 Boston Tea Party, 33 Botetourt County, 28, 32 British, 4,6, 9, 18, 22 British Agents, 9 British Army, 4 British Prisoners, 4 British Rule, 13 British Surrender, 19 Burgesses, 3
C
Callaway, Colonel James, 8, 10, 13, 18, 20, 21, 28, 32, 33, 34 Campbell, Colonel William, 18 Campbell County, 8, 22, 23, 27 Carolinas, 18 Central Virginia, 20, 22, 43 Charleston, 4, 9 Charlottesville, 4, 9,10 Chesapeake Bay, 6 Clark, General George Rogers, 4,18
Colonial Society of Massachusetts, 40 Commonwealth of Virginia, 13, 20 Continental Army, 16 Continental Troops, 4 Convention Prisoners, 4, Il1. 5
Cornwallis' Army, 6 Cornwallis, Lord, 4, 9,18
Cornwallis' Surrender, 19 Counterfeiting, 7
County Courts Clerk's Office, 15 County Government, 8
Court Order Book No. 6, 11, 13
Court Order Book No. 6, Il1. 12 Courts-martial, 13, 16, 22, 31 Courts-martial records, 17 Craigie, Sir William, 40, 41 Cutler, James Elbert, 39
D
Democratic Party, 3, 14 DICTIONARY OF AMERICANISMS. 39. Diggs, Lieutenant Governor Dudley , 34
E
East German, 23 England, 3,7 English, 18
F
Featherston, Howell C., 39, 40, 41 Forty-save-one-lashes, 16 Freedom, 6 French, 18, 20 French and Indian War, 3,8
G General Court, 8, 11, 28, 31 German, 23
German Prisoners, 4 Ghosts in History, 1 Gillis, Dobie T. V. Series, 2 Great Lakes, 4 GREEN BAG. 39,40
Green Level, 16, 27 Griffith, John, 15,16
H
HENNINGS 'STATUTES AT LARGE, 98, 91, 93, 99 Henry County, 28, 32 Henry, Patrick, 7 High Treason, 31 Hollins College, 43 Hood, Robin, 21 Hook, John, 7 Hutcheson, Judge Sterling, 42
I
Indians, 18 Insurrection and Invasion Statute, 27 Insurrection Statute, 22
J
James, Jesse, 21 James River, 11 Jefferson, Governor Thomas, 6, 9, 10, 32, 34, 35 JOURNAL OF THE HOUSE OF DELEGATES, 29 JUDGE LYNCH - HIS FIRST HUNDRED YEARS. 39
K
Kinder, Peter, 15,16
L
Lead Mines, 8, 9, 10, 11, 23 Legend, 2 Liberty, 6 List of Officers appointed Aug. 1780, 38 Lynch Ballad, 21 Lynch, Captain William, 40,41 Lynch, Colonel Charles, 8, 10, 13, 15, 16, 17, 18, 20, 21, 22, 23, 27, 28, 32, 33, 34, 35, 40 Lynch, John, 23 Lynch, Judge, 22 Lynch Law, 13, 16, 22, 23, 27. LYNCH LAW - - - INVESTIGATORS, 39 Lynch Tree Illustration, 26 Lynch's Ferry, 23 Lynch's Ferry Illustration, 24 Lynchburg, 23, 40,
M
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Marion, General Francis, 4 Martial Law, 13, 16, 20, 22 Mason, George, 19 Mathews, Mitford Dr., 40 Matthews, Albert Mr., 39, 40, 41 Meadows, Josiah, 28 Mississippi River, 4 Montgomery County, 8, 9, 10, 15, 28, 32, 40 Muhlenberg, General John Peter, 17
N
Negroes, 23 New London, 9, 11, Old Court House Il1. 32 North Carolina, 3, 7, 8, 18 North Carolina Tories, 9
O
Official Letters of Governors of Virginia, 28, 32, 33, 34, 35, 36, 37 Ohio Region, 22 Ohio River, 4 ORIGIN AND HISTORY OF THE LYNCH LAW, 39.40 Origin of the Lynch Law, 17, 27 ORIGIN OF THE LYNCH LAW - 1780, 39,40, ORIGIN OF THE TERM LYNCH LAW, 39 Oxford Iron Mines, 11
P
Page, Thomas Walker, 40,41 Papers of Thomas Jefferson, 28, 32, 34, 35, 36, 37,38 Pennsylvania, 4 Percy, Alfred, 39 Pittsylvania County, 28, 32 Poe, Edgar Allen, 40 Preston, Colonel William, 8, 10, 13, 17, 18, 20, 21, 28,32,33,34 WILLIAM PRESTON PAPERS, 15 Princeton University Press, 32 Publications on The Lynch Law since 1900, 39
Q
Quakers, 22, 23
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R
REAL JUDGE LYNCH, 39,40 Reports to and from Virginia State. Authorities, 29, 32 Republican Party, 3,14 Revolutionary War, 1, 2, 3, 6, 7, 8, 14, 17, 18, 19, 20, 23, 27, 43 Richards, John, 28 Richmond, 8, 11,
Roanoke-Montgomery Area, 15 Ross, David, 7 Ross iron, 11
S
Saratoga, Battle of, 4 Saratoga prisoners, 6, 9 Saratoga prisoners barracks, 5 Saturday Evening Post, 2,3 Scotch, 3 Shay, Frank, 39 South, 4 South Carolina, 4,6, 9 SOUTHERN LITERARY MESSENGER. 40
South River Meeting, 22 State Department, 23 State Lead Mines, 8, 9, 10, 11, 23 Statute Invasion, 13,14 Swamp Fox, The, 4
T
Tarleton, Colonel Banastre, 9 TERM LYNCH LAN, 39
Tories, 3, 4,6, 7, 9, 10, 11, 13, 14, 16, 17, 18, 20, 21, 23,27,40 Tories Guilty of Treason, 28 Tory Conspiracy, 16, 17, 18, 28, 32, Tory Prisoner List, 29,30 Tory property, 8 Toryism, 11, 14, 15, 20
U
United States, 1, 27 U.S. Supreme Court, 6
V
Virginia, 1,3, 4, 6, 8, 18, 19, 20, 22 Virginia Assembly, 20 Virginia Bili of Rights, 19 VIRGINIA CALENDAR OF STATE PAPERS, 15
:
Virginia Militia, 16, 18 Virginia, Southwest, 8 Virginia State Property, 23 Virginia Tories, 18
W
Washington, Colonel George, 8, 19 Washington County, 28, 32 Whigs, 3,6,21 Williamsburg, 8 Wilson, Dr. Goodridge, 42
Wyatt, Lieutenant John, 9, 10, 11, 17, 18
Y
Yorktown, 19,20
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