2nd Virginia Regiment ends 1 Dec 1758
The Forbes Expedition worries they're going to lose almost a 1000 men. The 2nd Virginia Regiment has a term limit. It's service ends 1 Dec 1758. The 1st Virginia Regiment also has a deadline of being back within the colony of Virginia or its pay will end.
At the time that did not seem a problem. On 11 Nov 1758 a Council of War was called by Forbes. They thought it wise to stay at Loyalhanna over the winter and not proceed until Spring. So Virginia could re-raise troops by then.
But then on 12 Nov 1758 Mercer's men captured a prisoner during that night of the Friendly Fire incident, who revealed how undermanned and vulnerable Fort Duquesne. Many of the Great Lakes Indians had left with their trophies, plunder, hostages after defeating James Grant's men Sept 1758.
So now, keeping the Virginia Regiments became imperative, becuase Forbes decided the whole army was going to march on Fort Duquesne and invest it, reduce it, capture it. And they were going to move now. But what if the seige might take Forbes past 1 Dec 1758 ?
They wrote to Virginia's leaders to ask to change that deadline.
Here's what happened.
House of Burgess 2nd VA Regiment Deadline
Virginia Session closes
On the same day of that attack, not yet known by the legislature, October 12, 1758 Lt Gov Fauquier announces the last day of this session of the House of Burgessess:
That you may have a proper Time for the Discharge of your private Functions, it is convenient you should now be prorogued,
and you are accordingly prorogued to the Third Thursday in December next.
Porogued meant closing down. This session was ending. Next Session? Third Thursday in December next? That meant December 21, 1758.
Source:
That was going to be way too late.
1 December 1758 was the ending date of service for the 2nd Virginia Regiment. This would have been okay if the Forbes expedition was going to sit out the Winter and resume the campaign in the Spring.
But reports emerged 12 Nov 1758 from captured enemy indicating Fort Duquesne was vulnerable. This meant the expedition needed to move forward towards the enemy Fort Duquesne. This might involve a long seige. This might take longer than the 1st of December.
So, the House of Burgesses was asked by Lt Gov Fauquier to come back into session to extend date of service past 1 Dec 1758.
November 9, 1758
Lt Gov Fauquier opens an emergency session of the House of Burgesses.
Fauquier asks for an extension.
I am very sensible that one of our Regiments
[meaning the 2nd Virginia Regiment]
cannot be continued beyond the first of December,
. . .
for if your Resolves are not known to the Army before the first of December,
all will be frustrated:
. . .
Mr Speaker also reported,
that the Governor had delivered to him a Letter of the 22d of October last, from General Forbes, also a Letter from Colonel Byrd, of the 21st of October, which he had desired him to lay before this House; and he accordingly delivered them in at the Table, where they were read, and ordered to lye on the Table.
Upon a Motion made,Resolved, That this House will resolve itself into a Committee, to consider of the Governor’s Speech immediately.
Source:
Somehow, the House of Burgesses changes what the Lt Gov Fauquier asked them to do. He asked for an extension of the troops to stay with the Forbes Expedition. The House of Burgesses avoid addressing the question of extending the 2nd VA regiment deadline past 1 Dec 1758. Instead they look at extending only the 1st Va Regiment's stay outside the colony. And is that not interesting that this implies the Virginia Regiments are acting in an area outside of the colony of Virginia?
Here's the actual statute. Hennings Volume 7, Chapter 1, pages 251-253:
Here is House of Burgesses Journal discussing the Lt Governor's request and stating they are acting on it.
Again notice the last line. Does this clearly state that the Virginia Regiments are acting in an area outside of the colony of Virginia?
Resolved, That the Speaker be directed (when the Houfe fliall be commanded by the Governor to attend him with the inrolled Bill for his Assent to return his Honor the Thanks of this House for waving the Ceremony of an Address due to him at the Opening of this Session, for the Sake of Dispatch, and to assure him we have done every Thing, as far as in our Power, to co-operate with his Honor's Ardency for the common Cause ; and to desire that his Honor will be pleased to signify to General Forbes, That the Expediation of Success from his Conduct has been
the sole Motive of agreeing to poftpone the March of the first Regiment to the Frontiers of this Colony.
Source:
Now back to the last part of the statute.
Their solution? The 2nd Virgina Regiment will still disband 1 Dec 1758. And the 1st Vrginia Regiment must come back to the colony to defend it or else its pay will discontinue. But !! Loophole. If a higher authority requires the 1st Virginia Regiment to stay helping then such a request is allowed.
.
Footnote for letter
From George Washington to Francis Fauquier,
9 December 1758
2. For what Fauquier may have “glanced at,” or alluded to, in his letters, see William Ramsay to GW, 17 Oct. 1758. Fauquier may have feared that GW might blame him for the provision in the defense bill that he signed on 12 Oct. stipulating that there would be no chaplain, adjutant, quartermaster, or fort major in GW’s regiment and that he as colonel would no longer have allowance for his table (7 Hening 171–79).
When writing to Forbes on 19 Nov. in response to Forbes’s inquiry about getting a little more money from the Virginia assembly,
Fauquier responded that this was not a good time for him to ask it. “Some young Members chose into the Assembly,” he explained, “promised great Things to their Constituents, and set out on this principle; so that it was judged expedient by all sober minded Men not to mention many things, that the great One of keeping the Regiments in pay might not receive any Obstructions” (Reese, Fauquierdescription beginsGeorge Reese, ed. The Official Papers of Francis Fauquier, Lieutenant Governor of Virginia, 1758–1768. 3 vols. Charlottesville, Va., 1980–83.description ends, 1:107–9).
Source:
Preface in House of Burgesses Journals
4th Session
page 133, November 1, 1759 to of November 21, 1759
the Virginia forces in the field had been
#Page 18 Sequence/346
increafed to two regiments of a thoufand men each,
which, under the command of Washington,
were to join in the proposed expedition
to be conducted by General Forbes againft Fort Dusquesne.
The main business of the Affembly convened by Lieutenant- Governor Fauquier was during its first fession to provide ways and means for the payment of these soldiers till the first of December of that year (the limit of the time for which one-half of them had been enlisted)
and for the continuance of the other half in service till the first of the following May,
since it was thought that it would be imprudent to disband all the regular forces
exclusive of the rangers on the first of December.
At this session, too, four companies of rangers were provided for, who were not to leave the Colony, but were to protect the frontiers in the absence of the two regiments on the Fort Duquesne expedition. The power of the governor to garrison the forts vacated by the regulars with men drafted from the militia was also continued.
It was supposed during this first session of the Assembly that the expedition against Fort Duqnesne would certainly be concluded by the first of December;
and in the law continuing one regiment in service till the following May it was provided that this regiment should be marched back to Virginia and made to do duty on the frontiers from the first of December till the expiration of its term of service.
Later, however, when it seemed probable that the reduction of Fort Duquesne would be delayed, it became nec- essary for the governor to call the Assembly together again, in order that appropriate legiflation might be had with the view of preventing the withdrawal of the Virginia forces from the expedition at the critical moment.
The second session of the Assembly began on Thursday the 9th of November. Its only business was to pass a law providing that the firft regiment might be continued in the service outside of the Colony till the first of January,
and that the second regiment (which, as stated above, had enlisted to serve only till the first of December) might be employed in the same service if its members could be prevailed upon to continue with the colors.
Fortunately the campaign against Fort Duqusesne ended on the 26* of November with the occupation by the British and Colonial forces, under the immediate command of Washington, of the site of Fort Duquesne, the fort itself having been abandoned and set on fire by the French on the preceding day.
updated 10/08/2023
Compiled, authored by Jim Moyer 12/23/2022 updated 10/08/2023
