had not made a sufficient number of prisoners to relieve all their citi. zens, and many of them still remained in confinement. Representations were continually received from these unfortunate men, describing in strong terms, the severity of their treatment, They complained of suf fering almost the extremity of famine, that even the supply of provisions allowed them was unsound, and that they were crowded into prisonships, where they became the victims of disease.

When charged with conduct so unworthy of his character and station, Sir William Howe positively denied its truth.

It would be unjust to ascribe this excess of inhumanity to an officer who, though perhaps severe in his temper, did not mingle cruelties in his general system, which would excite universal indignation in other wars. It must be admitted that his supplies of provisions were neither good nor abundant; and that the American soldiers, in their own camp, were unhealthy. But the excessive mortality prevailing among the prisoners can be accounted for on no ordinary principles; and the candid, who were least inclined to criminate without cause, have ever been persuaded that, if his orders did not produce the distress which existed, his authority was not interposed with sufficient energy, to correct the abuses which prevailed.

The capture of General Lee furnished an additional ground of controversy on the subject of prisoners. As he had been an officer in the British service, whose resignation had not, perhaps, been received when he entered into that of America, a disposition was, at first, manifested to consider him as a deserter, and he was closely confined. On receiv ing information of this circumstance, congress directed General Howe to be assured that Lieutenant Colonel Campbell, and five Hessian fieldofficers, should be detained, and should experience precisely the fate of General Lee. These officers were taken into close custody, and informed that the resolution announced to General Howe should be strictly enforced.

The sentiments of the Commander-in-chief on the subject of retaliation, seem to have been less severe than those of congress. So great was his abhorrence of the cruelties such a practice must generate, that he was unwilling to adopt it in any case not of absolute and apparent necessity. Not believing that of General Lee to be such a case, he remonstrated strongly against these resolutions. But congress remained inflexible; and the officers designated as the objects of retaliation, were

and the remonstrances of the Commander-in-chief, at length, induced congress to appoint a commissary of prisoners.

kept in rigorous confinement until General Lee was declared to be a prisoner of war.*

The resolutions of congress respecting the prisoners taken at the Cedars, were also the source of much embarrassment and chagrin to the Commander-in-chief. Alleging that the capitulation had been violated on the part of the enemy, and that the savages had been permitted to murder some of the prisoners, and to plunder others, they withheld their sanction from the agreement entered into by General Arnold with Captain Forster, and refused to allow other prisoners to be returned in exchange for those liberated under that agreement, until the murderers should be given up, and compensation made for the baggage said to have been plundered. As the fact alleged was not clearly established, Sir William Howe continued to press General Washington on this subject. Reminding him of the importance of a punctilious observance of faith, plighted in engagements like that made by General Arnold, he persisted to hold the Commander-in-chief personally bound for an honourable compliance with military stipulations entered into by an officer under his authority.

General Washington, feeling the keenness of the reproach, pressed congress to change their resolution on this subject; but his remonstrances were, for a long time, unavailing.

After the sufferings of the prisoners in New York had been extreme, and great numbers had perished in confinement, the survivors were liberated for the purpose of being exchanged; but so miserable was their condition, that many of them died on their way home. For the dead as well as the living, General Howe claimed a return of prisoners, while General Washington contended that reasonable deductions should be made for those who were actually dead, of diseases under which they laboured when permitted to leave the British prisons.

Until this claim should be admitted, General Howe rejected any partial exchange. General Washington was immoveable in his determination to repel it; and thus all hope of being relieved in the ordinary mode appeared to be taken from those whom the fortune of war had placed in the power of the enemy.

In the mean time, the sufferings of the American prisoners increased with the increasing severity of the season. Information continued to be received, that they suffered almost the extremity of famine. Repeated remonstrances, made on this subject to the British general, were answered by a denial of the fact. He continued to aver that the same food, both in quantity and quality, was issued to the prisoners, as to

* See note No. XII. at the end of the volume.

British troops when in transports, or elsewhere, not on actual duty; and that every tenderness was extended to them, which was compatible with the situation of his army. He yielded to the request made by General Washington to permit a commissary to visit the jails, and demanded passports for an agent to administer to the wants of British prisoners.

When Mr. Boudinot, the American commissary of prisoners, who was appointed by General Washington to visit the jails in Philadelphia, met Mr. Ferguson, the British commissary, he was informed that General Howe thought it unnecessary for him to come into the city, as he would himself inspect the situation and treatment of the prisoners. There is reason to believe that their causes of complaint, so far as respected provisions, did not exist afterwards in the same degree as formerly; and that the strong measures subsequently taken by congress, were founded on facts of an earlier date.

But clothes and blankets were also necessary, and the difficulty of furnishing them was considerable. General Howe would not permit the purchase of those articles in Philadelphia; and they were not attainable elsewhere.

To compel him to abandon this distressing restriction, and to permit the use of paper money within the British lines, congress resolved, that no prisoner should be exchanged until all the expenditures made in paper for the supplies they received from the United States, should be repaid in specie, at the rate of four shillings and sixpence for each dollar. They afterwards determined, that from the 1st day of February, no British commissary should be permitted to purchase any provisions for the use of prisoners west of New Jersey, but that all supplies for persons of that description should be furnished from British stores.

Sir William Howe remonstrated against the last resolution with great strength and justice, as a decree which doomed a considerable number of prisoners, far removed into the country, to a slow and painful death by famine; since it was impracticable to supply them immediately from Philadelphia. The severity of this order, was in some degree mitigated by a resolution that each British commissary of prisoners should receive provisions from the American commissary of purchases, to be paid for in specie, according to the resolution of the 19th of December, 1777.

About the same time, an order was hastily given by the board of war, which produced no inconsiderable degree of embarrassment; and exposed the Commander-in-chief to strictures not less severe than those he had applied to the British general.

General Washington had consented that a quartermaster, with a small escort, should come out of Philadelphia, with clothes and other comforts

for the prisoners who were in possession of the United States. He had expressly stipulated for their security, and had given them a passport. While they were travelling through the country, information was given to the board of war that General Howe had refused to permit provisions to be sent in to the American prisoners in Philadelphia by water. This information was not correct. General Howe had only requested that flags should not be sent up or down the river without previous permission obtained from himself. On this information, however, the board ordered Lieutenant Colonel Smith immediately to seize the officers, though protected by the passport of General Washington, their horses, carriages, and the provisions destined for the relief of the British prisoners; and to secure them until farther orders, either from the board or from the Commander-in-chief.

General Washington, on hearing this circumstance, despatched one of his aids with orders for the immediate release of the persons and property which had been confined; but the officers refused to proceed on their journey, and returned to Philadelphia.*

This untoward event was much regretted by the Commander-in-chief. In a letter received some time afterwards, General Howe, after expressing his willingness that the American prisoners should be visited by deputy commissaries, who should inspect their situation, and supply their wants required, as the condition on which this indulgence should be granted, "that a similar permit should be allowed to persons appointed by him, which should be accompanied with the assurance of General Washington, that his authority will have sufficient weight to prevent any interruption to their progress, and any insult to their persons." This demand was ascribed to the treatment to which officers under the protection of his passport had already been exposed.

General Washington lamented the impediment to the exchange of prisoners, which had hitherto appeared to be insuperable; and made repeated, but ineffectual efforts to remove it. General Howe had uniformly refused to proceed with any cartel, unless his right to claim for all the diseased and infirm, whom he had liberated, should be previously admitted.

At length, after all hope of inducing him to recede from that high ground had been abandoned, he suddenly relinquished it of his own accord, and acceded completely to the proposition of General Washington for the meeting of commissioners, in order to settle equitably the number to which he should be entitled for those he had discharged in the preceding winter. This point being adjusted, commissaries were mu* They alleged that their horses had been disabled, and the clothing embezzled.

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tually appointed, who were to meet on the 10th of March, in Germantown, to arrange the details of a general cartel.

The Commander-in-chief had entertained no doubt of his authority to enter into this agreement. On the fourth of March, however, he had the mortification to perceive in a newspaper, a resolution of congress calling on the several states for the amounts of supplies furnished the prisoners, that they might be adjusted according to the rule of the 10th of December, before the exchange should take place.

On seeing this embarrassing resolution, General Washington addressed a letter to Sir William Howe, informing him that particular circumstances had rendered it inconvenient for the American commissioners to attend at the time appointed, and requesting that their meeting should be deferred from the 10th to the 21st of March. The interval was successfully employed in obtaining a repeal of the resolution.

It would seem probable that the dispositions of congress on the subject of an exchange, did not correspond with those of General Washington. From the fundamental principle of the military establishment of the United States at its commencement, an exchange of prisoners would necessarily strengthen the British, much more than the American army. The war having been carried on by troops raised for short times, aided by militia, the American prisoners, when exchanged, returned to their homes as citizens, while those of the enemy again took the field.

General Washington, who was governed by a policy more just, and more permanently beneficial, addressed himself seriously to congress, urging, as well the injury done the public faith, and his own personal honour, by this infraction of a solemn engagement, as the cruelty and impolicy of a system which must cut off for ever all hopes of an exchange, and render imprisonment as lasting as the war. He represented in strong terms the effect such a measure must have on the troops on whom they should thereafter be compelled chiefly to rely, and its impression on the friends of those already in captivity. These remonstrances produced the desired effect, and the resolutions were repealed. The commissioners met according to the second appointment; but, on examining their powers, it appeared that those given by General Washington were expressed to be in virtue of the authority vested in him; while those given by Sir William Howe contained no such declaration.

This omission produced an objection on the part of the United States; but General Howe refused to change the language, alleging that he designed the treaty to be of a personal nature, founded on the mutual confidence and honour of the contracting generals; and had no intentiou