Charleston was now completely invested, all hopes of assistance had been cruelly disappointed, and the garrison and inhabitants were left to their own resources. The troops were exhausted by incessant duty and insufficient to man the lines. Many of the guns were dismounted, the shot nearly expended, and the bread and meat almost entirely consumed. The works of the besiegers were pushed very near the defenses of the town, and the issue of an assault was extremely hazardous to the garrison and inhabitants. In these critical circumstances, General Lincoln summoned a council of war, which recommended a capitulation. Terms were accordingly proposed, offering to surrender the town and garrison on condition that the militia and armed citizens should not be prisoners of war, but should be allowed to return home without molestation. These terms were refused, hostilities were recommenced, and preparations for an assault were in progress. The citizens, who had formerly remonstrated against the departure of the garrison, now became clamorous for a surrender. In this hopeless state Lincoln offered to give up the place on the terms which Clinton had formerly proposed. The offer was accepted and the capitulation was signed on the 12th of May (1780). The town and fortifications, the shipping, artillery, and all public stores were to be given up as they then were; the garrison, consisting of the Continental troops, militia, sailors, and citizens who had borne arms during the siege, were to be prisoners of war; the garrison were to march out of the town and lay down their arms in front of the works, but their drums were not to beat a British march, and their colors were not to be uncased; the Continental troops and sailors were to be conducted to some place afterward to be agreed on, where they were to be well supplied with wholesome provisions until exchanged; the militia were to be allowed to go home on parole; the officers were to retain their arms, baggage, and servants, and they might sell their horses, but were not permitted to take them out of Charleston; neither the persons nor property of the militia or citizens were to be molested so long as they kept their parole. [3]