That the said post was secured by a Stoc[kade of wood?] to cover the garrison from the enemy's musquetry, that there were mounted therein two field pieces, & that the enemy had no cannon.

That the said garrison had ammunition & provisions sufficient to have lasted them ten days, that they had reason to expect immediate reinforcements in a few days,' which on a requisition from themselves, was actually on it's way from Montreal, and moreover were so near the main body of the army that they could not doubt being joined by detachments from thence sufficient to oblige the enemy to retire.

That the enemy for two days kept up only a scattering fire, by which not a single man of the garrison was killed or wounded, & that on the third day the garrison surrendered themselves prisoners of war having capitulated for the preservation of their own baggage from plunder, & that their persons should not be deliver'd into the hands of the savages.'

That the enemy broke the capitulation utterly & immediately on their part. Plundering the garrison of their baggage & stripping the cloathes from their backs, & Delivering the Prisoners into the hands of the Savages.'

That they then proceeded against the reinforcement which was on it's way consisting of about 150 men under the command of Major Sherburne, that Major Sherburne & his party engaged & fought them with bravery: but being at length surrounded by numbers greatly superior and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also; but whether on capitulation or not your committee are not informed.

That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks & drowning the other; and left divers others exposed in an island naked & perishing with cold & famine.

That by this time Brigadier General Arnold who had been detached by Major General Thomas to relieve the fort at the Cedars, approached & was making dispositions to attack the enemy. That capt: Forster, thereupon notified' General Arnold, that if

1 Words in italics not in Jefferson's handwriting.

he attacked him, the prisoners, then 500 in number, would every man of them be put to death; & proposing at the same time an exchange of [torn out.]

Arnold was extremely averse to entering on any agreement of that kind, & was at length induced to do it by no other motive than that of saving the prisoners from cruel & inhuman death, threatened in such terms as left no doubt it was to be perpetrated.

That agreement was thereupon entered into between Brigadr. Genl. Arnold & capt. Forster, bearing date at St. Anne's, on the 27th day of May, whereby the sd Forster stipulated that he would deliver up all the said prisoners except such as were' Canadians, to Genl. Arnold; who agreed on the other part that so many of equal rank & condition should be returned to the enemy of those taken by our arms on former occasions. That the prisoners so stipulated to be given up to the enemy were not in the possession of Genl. Arnold, nor under his direction but were at that time distributed through various parts of the continent under the orders of this house.

That capt. Forster in violation of this agreement also detained a considerable number of the prisoners he had thus stipulated to deliver, & sent them into the Indian countries for purposes unknown.

Whereupon your Committee have come to the following resolutions.

Resolved that it is the opinion of this Committee that plundering the baggage of the garrison at the Cedars, stripping Agreed them of their clothes, & deliverg the Prisonr into ye hands of the Savages' was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded. Resolved that the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature & Agreed nations, for which satisfaction should be made by the enemy by delivering into our hands either captain Forster or the individuals concerned in committing the murder. Resolved that the agreement entered into at St. Anne's was a

Agreed

mere sponsion on the part of Brigadr. Genl. Arnold, he not being invested with the powers for the absolute dis

I Words in italics not in Jefferson's handwriting.

posal of the Continental prisoners in general; and that therefore it is subject to be ratified or annulled at the discretion of this house, the sole representative of the United Colonies.1

Resolved that it is the opinion of this Committee that Major Sherburne & his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified & confirmed by this house; & that an equal number of captives from the enemy, of the same rank & condition should be restored to them as stipulated by the said sponsion.

Resolved that [torn out] opinion of this com. [torn out] the said sponsion as relates to the exchange of Major Butterfield & the garrison surrendering with him, ought not to be ratified: because we should redeem none but those who will fight, and because too the said sponsion excepted the Canadian prisoners, & we will in no case admit a distinction of countries among men fighting in the same cause.

Resolved therefore that the said Major Butterfield & garrison should still be considered as prisoners of war, appertaining to the enemy; but as by the actual murder of two of the prisoners & the threats at St. Anne's to put the others to death, the enemy are found capable of destroying their captives, the sd prisoners ought not to be put into their hands, but should be permitted to remain in their own country; that in the meantime they shall not bear arms, nor otherwise act against the enemy, but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, & to hold themselves subject to be recalled by the enemy whenever proper security shall have been given that their lives shall be safe.

Resolved that previous to the delivery of the prisoners to be returned in lieu of majr. Sherburne & those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners by delivering into our hands capt. Forster, or the individuals concerned in perpetrating that horrid act; and likewise restitution for the plunder at the Cedars taken contrary to

1 Here Jefferson had written "States of America" which has been stricken out by another hand and "Colonies" written in its place.

VOL. II.-3

the faith of the capitulation; and that till such satisfaction & restitution be made, the said prisoners be not delivered.

Resolved that it is the opinion of this committee that if the enemy shall put to death, torture, or otherwise ill treat any of the hostages in their hands, or of the Canadian, or other prisoners captivated by them in the service of the United colonies, recourse must be had to retaliation as the sole means of stopping the progress of human butchery, & that for that purpose punishments of the same kind & degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.

Resolved that it is the opinion of this Committee, that a copy of this report be transmitted to the Commander in chief of the Continental forces in Canada, to be by him sent to the British commander there; and that he moreover make further & diligent [torn out] into the facts therein stated, & such others as may [torn out] same subject & rel [torn out] same duly authenticated [torn out] possible despatch [torn out] for their final decision, & that in the mean time the prisoners delivered up by the enemy abstain from bearing arms or otherwise acting against them.'

REPORT ON CANADIAN AFFAIRS.2

C. C.

[June 17, 1776.]

The Committee to whom the report from the Commee of the whole house was recommitted, have had the same under their consideration & agreed to the following resolutions.

Resolved that it is the opinion of this Committee that an experienced general be immediately sent into Canada, with power

1 Endorsed: "Report of the Comte. on the capitulation entered into between genl Arnold & capt. Forster. No. 1 brot. in June 17, 1776, read & ordered to lie on the table, recommitted June 24, 1776, passed July 10."

'On May 23, 1776, Congress appointed Harrison, R. H. Lee, J. Adams, J. Wilson, and Edward Rutledge a committee to confer with Washington, Gates, and Mifflin, "upon the most speedy and effectual means for supporting the American cause in Canada." They reported to Congress the following day,

to appoint a deputy adjutant general, a Deputy Quarter-master general, and such other officers as he shall find necessary for the good of the service, and to fill up vacancies in the army in Canada, and notify the same to Congress for their approbation. That he also have power to suspend any officer there till the pleasure of Congress be known, he giving his reasons for so doing in the orders of suspension & transmitting to Congress as soon as possible the charge against such officer. Provided that this power of suspending officers & filling up vacancies shall not be continued beyond the first day of October next.

Resolved that no officer suttle or sell to the soldiers, on penalty of being fined one month's pay & dismissed the service with infamy on conviction before a court martial.

Resolved that the baggage of Officers and soldiers be regulated conformably to the rules in the British armies.

Resolved that all sales of arms, ammunition, cloathing and accoutrements made by soldiers be void.

Resolved that no troops employed in Canada, be disbanded there that all soldiers in Canada ordered to be disbanded, or whose times of enlistment being expired shall refuse to re-enlist, shall be sent under proper officrs to Ticonderoga or such other post on the lakes as the General shall direct, where they shall be mustered, and the arms, accoutrements, blankets, & utensils, which they may have belonging to the public shall be delivered up and deposited in the public store.

Resolved that Doctor Potts be employed in the Continental service in the Canadian department or at Lake George as the General shall think best: & that his pay be dollars per month. But

but were directed to confer further with the generals. They reported again May 29th, and on May 30th Congress resolved itself into a committee of the whole to consider the report. It was considered from time to time, a few resolutions being reported, till June 15th, when the committee of the whole reported the results of their deliberations to Congress. On the same day Congress named Jefferson, Braxton, Paine, and Middleton a committee "to digest and arrange the several resolutions agreed to in the committee of the whole." They presented the following report (which is in Jefferson's handwriting) on June 17th, and with some changes it was adopted the same day. Cf. Journals of Congress, June 17, 1776, and Ford's Writings of Washington, iv., 109.