John Parke Custis to George Washington, 16 March 1781
From John Parke Custis
Richmond, March 16th, 1781.
Dear & Hond Sir:
It would render me happy could I inform you that the Assembly, which was Called on the first instant, for the purpose of recruiting the Army and Treasury, were likely to adopt plans which would prove efficacious for either purpose but; alas! the reverse, I fear, will ha⟨p⟩pen.1 Patrick Henry, who possesses the most unbounded influence over the House, is, in my opinion, the most absurd politician in the world. He moved, the other day, that the draft, which has taken place in many Counties, and would have taken place in the whole, in the Course of this month, shoul⟨d⟩ be reduced from eighteen to twelve month⟨s.⟩2 Absurd as this motion must appear to every reasonable man, it did not want espouse⟨rs,⟩ though, fortunately, the number was too sm⟨all⟩ and the motion was lost. He declared tha⟨t,⟩ from the behavior of the Militia, in the actions of Kings Mountain and the Cowpens, he was Convinced that the independence of America could be established by them,3 and he could wish to see a draft for twelve ⟨m⟩onths take place; by which means, in time, we Should have our Militia equal to Regulars. I am happy to inform you that I have not heard of any opposition to the draft being made in any County.4 I am Sorry that there will be a necessity of drafting in most o⟨f⟩ the Counties; more from the neglect of the officers than any disinclination in the men to enlist; as it is apparent that, where the law has been well executed, more or less men have enlisted for the war, or three years.
He5 is also desirous that half of the tax which was laid, to furnish bounties for the recruits, should be remitted; although half of the State, or two thirds, have paid it, or are prepared to do it.6 This matter is not yet determined, and I am afraid he will Succeed. If he does, we may never expect to have a law, which will bear hard on the people, executed. The people will readily conceive that, if the assembly, of their own accord, remit, half their tax, they will certainly do it on their petitions; and, will not obey a law—expecting that the next assembly will repeal it, By this means, all authority will be lost, and the State thrown into the greatest Confusion. A Law was passed yesterday, making all the money that hath been emitted, or Shall be emitted, by Congress or this State, a legal tender, in discharge of all debts and Contracts whatsoever; except specific Contracts, expressing the Contrary. It is also proposed to emit ten millions of pounds more. This tender act, iniquitous as it is, was Carried by a majority of two to one, and will forever Cast a reflection on the justice of the State.7 The only acts that Can be productive of advantage to the State are for subjecting the militia, while in actual service, to the Continental rules of war, and for raising two Legions, of Six hundred Infantry and a hundred Horse each, on a plan resembling the minute plan. The whole will be under the Command of a Brigadier. Spotswood, who laid the plan before the assembly, will be appointed to the Command of them.8
I fear I have tired your patience, by this tedious and disagreable detail of matters; and, as I have nothing pleasing to Communicate,9 presuming that you receive regular intelligence from the armies in the South, I must Conclude with assuring you that I am, with the greatest Sincerity, Your most affectionate
J. P. Custis
LB, LU.
1. Virginia governor Thomas Jefferson wrote the speaker of the Virginia House of Delegates on 1 March: “It is with great reluctance that after so long and laborious a Session as the last I have been again obliged to give you the trouble of convening in General Assembly within so short a time and in so inclement a season.” He added that the money emissions previously ordered had been “all dispensed in paiment of public debts, in present defence, and preparation for the ensuing campaign, as fast as they could be emitted: and the calls uncomplied with appear to be numerous and distressing.” Brig. Gen. Benedict Arnold’s expedition to Virginia “interrupted of course the execution of the act for recruiting our quota of troops for the Continental army.” Despite efforts “to restrain the calls of Militia to as few Counties as possible, that the residue might proceed undisturbed in this important work,” Jefferson was forced to make “subsequent applications to many other Counties” (, 5:33–37, quotes on 33). The state needed recruits to fill eight infantry, one artillery, and two cavalry regiments (see General Orders, 1 Nov. 1780). For the recruiting act, see Steuben to GW, 17 Dec., and n.10 to that document.
Members of the Virginia legislature, which included Custis, met on 1 March 1781 but lacked a quorum until the next day. The session ended on 22 March (see , 6).
To address recruiting disruptions, the general assembly adopted the “act to remedy the inconveniencies arising from the interruption given to the execution of two acts passed at the last session of assembly, for recruiting this state’s quota of troops to serve in the continental army, and for supplying the army with clothes, provisions, and waggons.” The law provided county officials additional time to fulfill the requirements of the earlier recruiting act (Va. Statues [Hening], 10:393–95).
2. The 1780 recruiting act authorized county commanding officers “to draft an able bodied man, by fair and impartial lot, out of such division, to serve in the continental army during the term of eighteen months” (Va. Statues [Hening], 10:326–37, quote on 333). The March 1781 law did not address length of service (see n.1 above).
3. For the role of militia in the victories at the Battle of Kings Mountain, S.C., on 7 Oct. 1780, and the Battle of Cowpens on 17 Jan. 1781, see General Orders, 27 Oct. 1780, and n.2 to that document, and Nathanael Greene’s first letter to GW, 24 Jan. 1781, and n.3.
4. On 9 March, the Virginia House read a petition from inhabitants of Rockbridge County that stated their inability “to raise their Quota of Men required by the last recruiting Law without a draft which will be greatly injurious to the petitioners,” who asked to “be permitted to discharge the term of duty for which the Men are required by drafts to serve three Months” (, 18; for a similar petition from Orange County, see Va. House Journal March 1781, 29).
5. “[Patrick Henry]” follows this word.
6. In order to provide recruits with “an adequate bounty,” the 1780 recruiting act required “all persons” in the state “to pay two per centum on all property taxed in specie.” The law stipulated that the “two per centum” be paid in specie, congressional new emissions, Virginia paper currency “at the rate of forty for one,” tobacco, or “good merchantable hemp” (Va. Statues [Hening], 10:328; see also Philip Schuyler to GW, 12 March, and notes 3 and 4 to that document).
During its March 1781 session, the Virginia House received petitions that characterized the tax law as “Oppressive, unequal, and unjust” (, 8–9, 13, quote on 8).
7. “An act for punishing the counterfeiters of the paper money of this state or of the United States, and for making the same a legal tender” delineated “all the papers bills of credit” authorized to “be a legal tender” (Va. Statues [Hening], 10:397–98). The house passed this bill on 15 March, and the senate agreed to an amended version on 19 March (, 31, 37–38).
“An act for emitting a sum of money for publick exigencies” authorized the state treasurer “to issue treasury notes in dollars for the sum of ten millions of pounds.” In case further funds were needed to prosecute the war, the law ordered the governor, with the council’s advice, “to direct the emission in dollars of the farther sum of five millions of pounds, which money shall be receivable in all taxes whatsoever” (Va. Statues [Hening], 10:399–400).
8. “An Act to raise two legions for the defence of the state,” adopted by 17 March, stipulated that “two legions to consist each of six companies of infantry and one troop of cavalry, of one hundred men each, be forthwith raised to serve during the war, but not to take the field or to do duty except in cases of actual or threatened invasion.” The law directed that “officers and men” be “subject to the continental articles of war” (Va. Statues [Hening], 10:391–93, quotes on 391–92). For the consideration of this bill, see , 12, 15–16, 21–23. Alexander Spotswood, who originated the proposal, was appointed on 20 March as “Brigadier General to Command the two Legions” (, 42; see also Jefferson to Spotswood, 31 Jan., in , 4:490).
9. Custis again wrote GW on 29 March.