In this hazardous situation, a council of war unanimously advised a retreat to the fort at the Great Meadows, now termed fort Necessity; where the two roads united, and where the face of the country was such as not to permit an enemy to pass unperceived. At that place, it was intended to remain, until reinforcements of men, and supplies of provisions, should arrive. {July 2.} {Third.} [Sidenote: Capitulation of fort Necessity.] {Fourth.} In pursuance of this advice, Colonel Washington returned to fort Necessity, and began a ditch around the stockade. Before it was completed, the French, amounting to about fifteen hundred men, commanded by Monsieur de Villier, appeared before the fort, and immediately commenced a furious attack upon it. They were received with great intrepidity by the Americans, who fought partly within the stockade, and partly in the surrounding ditch, which was nearly filled with mud and water. Colonel Washington continued the whole day on the outside of the fort, encouraging the soldiers by his countenance and example. The assailants fought under cover of the trees and high grass, with which the country abounds. The engagement was continued with great resolution from ten in the morning until dark; when Monsieur de Villier demanded a parley, and offered terms of capitulation. The proposals first made were rejected; but, in the course of the night, articles were signed, by which the fort was surrendered, on condition that its garrison should be allowed the honours of war--should be permitted to retain their arms and baggage, and be suffered to march without molestation into the inhabited parts of Virginia. The capitulation being in French--a language not understood by any person in the garrison, and being drawn up hastily in the night, contains an expression which was inaccurately translated at the time, and of which advantage has been since taken, by the enemies of Mr. Washington, to imply an admission on his part, that Monsieur Jumonville was assassinated. An account of the transaction was published by Monsieur de Villier, which drew from Colonel Washington a letter to a friend, completely disproving the calumny. Though entirely discredited at the time, it was revived at a subsequent period, when circumstances, well understood at the date of the transaction, were supposed to be forgotten.[3] [Footnote 3: See note No. II. at the end of the volume.] The loss of the Americans in this affair is not ascertained. From a return made on the 9th of July, at Wills' Creek, it appears that the killed and wounded, of the Virginia regiment, amounted to fifty-eight; but the loss sustained by the two independent companies is not stated. That of the assailants was supposed to be more considerable.