That 200 dollars be advanced to Lewalin Barry, an express rider; he to be accountable. Resolved, That the resolution passed yesterday, respecting the pay of officers of the navy not in actual service, be re-considered. The board of war laid before Congress a letter of the 8th, from governor Livingston, of New-Jersey: Ordered, That it be referred to the board of treasury. THREE O'CLOCK, P. M. A letter, of Dec. the 29th, from gen. Schuyler, was read, wherein, among other things, he presses for a speedy enquiry into his conduct; Whereupon, Ordered, That the committee appointed to enquire into the causes of the evacuation of Ticonderoga and Mount-Independence, and into the conduct of the general officers in the northern department, proceed immediately on that business, and report on Monday next. Resolved, That Mr. Lovell be added to that committee, in the room of Mr. Dana, who is absent. A letter, of the 12th, from general Washington, and one, of the 17th, from brigadier Smallwood, respecting some captures made in the river Delaware, were read: Ordered, That they be referred to the marine committee. A letter, of the 24th of December, from S. A. Otis, deputy clothier-general at Boston, was read: Ordered, That it be referred to the board of treasury. A petition from sundry inhabitants of the western frontiers was read: Ordered, That it be referred to the commissioners appointed to repair to the western frontiers: The members who conduct the business of the board of war reported to Congress sundry reasons assigned by general Gates, why the members of the board of war ought immediately to enter on the business of that department; Whereupon, Resolved, That general Gates, general Mifflin, and colonel Pickering, be excused from attending on the business mentioned in the resolution of the 10th, and that general Mifflin, colonel Pickering, and colonel Trumbull, be directed to repair immediately to this place. Resolved, That two members be added to the committee appointed to repair to camp, to execute the business prescribed in the resolution of the 10th instant the members chosen, Mr. Carroll and Mr. G. Morris. A letter, of the 9th, from Thomas Webb, a prisoner at Bethlehem, directed to Mr. Roberdeau, was laid before Congress, and read: Ordered, That it be referred to the board of war. The board of war brought in a report: Ordered, That the same be taken into consideration to-morrow. WEDNESDAY, January 21, 1778. A letter, of the 18th, from G. Read, president of the Delaware state, and one, of the 20th, from W. Buchanan, commissary-general of purchases, were read: Ordered, That the latter be referred to the committee of commerce. Congress proceeded to reconsider the resolution of the 19th, respecting the pay of the officers of the navy, and sundry amendments being moved, Ordered, That the resolution, with the amendments moved, be referred to a committee of three: the members chosen, Mr. G. Morris, Mr. Harvie and Mr. Clark. Ordered, That the committee sit on this business, and report in the afternoon. THREE O'CLOCK, P. M. The committee appointed to devise effectual means to prevent persons disaffected to the interest of the United States from being employed in any of the important offices thereof, brought in a report: Ordered, That the same be taken into consideration to-morrow. The committee to whom was referred the resolution of the 19th, with the amendments moved, brought in a report: Ordered, That the consideration thereof be postponed till to-morrow. A letter, of the 12th, from the commissioners of Indian affairs in the northern department, enclosing a letter from the Rev. Mr. Wheelock, and intelligence from colonel Bedel; and one, of the same date, from Mr. Duane, were read: Ordered, That they be referred to the board of war. A letter of the 12th, from major-general Schuyler, and one, of the 6th, from major-general Arnold, were read: Ordered, That they be referred to the board of treasury. The report from the board of war was read as follows: That having conferred with Mr. Elias Boudinot, commissary of prisoners, on the 21st of December, and carefully examined the evidences produced by him, the board esteem it their duty to state to Congress the following facts, relating to the American prisoners in the power of the enemy: That as far as can be collected from the testimony of prisoners and inhabitants, who have left the enemy, there are about 900 privates and 300 officers in the city of New-York, and about 500 privates and 50 officers in the city of Philadelphia: That the privates in New-York have been crouded all summer in sugarhouses, and the officers boarded on Long-Island, except about 30, who have been confined in the provost-guard and in the most loathsome gaols: That since the beginning of October all these prisoners, both officers and privates, have been confined in prison-ships or the provost : That the privates in the city of Philadelphia have been kept in the two public gaols, and the officers in the state house: That from the best evidence which the nature of the subject will admit of, it appears that the general allowance of provisions at the most, does not exceed four ounces of meat and the same quantity of bread, (often so damaged as not to be eatable) per man per day, and ofttimes much less; although the professed! allowance is from eight to ten ounces; and that the prisoners have been treated in general (officers not excepted,) with a cruelty scarce to be paralleled, and with the most studied and illiberal insult: That it has been a common practice with the enemy, on a prisoner's being first captured, to keep him three, four, and even five days, without a morsel of provisions of any kind, and then to tempt him to inlist with the new levies, in order to save his life: That there are numerous instances of prisoners of war perishing in all the agonies of hunger from their severe treatment. That being generally stripped of what clothes they have when taken, they have suffered greatly for want thereof during their confinement: That in the beginning of last summer, bills of exchange to the amount of £600 sterling, purchased of David Franks, British commissary of prisoners, residing within the jurisdiction of these states, were sent into New-York for the relief of the prisoners; that every obstacle was thrown in the way to prevent the negotiation of these bills, and after a delay of two months, they were returned to Mr. Boudinot, the American commissary of prisoners: That the American commissary of prisoners had permission to send provisions from Hudson's and Rariton rivers into New-York, and to purchase clothing there for about two months' past; but, on this condition, that the sloop, carrying the provisions, stop at the man of war stationed at the mouth of Hudson's river, where the hands are taken on board of the ship, and the agent for American prisoners in New-York is obliged to send hands from thence to take the sloop over to the city and return her again to the man of war, which not only renders it very tedious and expensive, but prevents getting sloops for the purpose, as very few owners choose to trust their vessels in the enemy's hands, and to remain prisoners on board the man of war till the sloop returns: That provisions, which have been sent into the city of New-York for the subsistence of the American prisoners, have been prevented by a public ordinance from being sold at a higher rate than 45s per hundred for flour, although the current price of that article was £ 6 per hundred, and it actually sold current at that price betwixt individuals, while the flour belonging to these states was sold at the ordinance price: That the American prisoners in the power of the enemy have not had any allowance made to them for their subsistence, although the British officers in the power of these states have been allowed, by a resolution of Congress, two dollars a week for their subsistence: That in consequence of repeated remonstrances from gen. Washington to gen. Howe concerning the injurious treatment of prisoners in his power, gen. Howe, in his letter to gen. Washington in Nov. last, promised, "that a commissary should be permitted to carry in a supply of clothing, money and other necessaries for the prisoners in Philadelphia, and to visit the places where they were confined :” That on a conference which passed betwixt Mr. Ferguson, the British commissary of prisoners, and Mr. Boudinot, the commissary of prisoners for these states, who was ordered by gen. Washington to visit the prisoners, agreeably to gen. Howe's promise, Mr. Ferguson said, that he was desired by gen. Howe to let Mr. Boudinot know, "that there could be no necessity for his coming into the city, as he would see that the prisoners were properly dealt by;" and Mr. Boudinot was not suffered to go in: That, on this conference, Mr. Ferguson, the British commissary of prisoners, complaining of the inattention paid to the supplying of prisoners in their hands with clothes, said, "that there was plenty of clothing in Philadelphia, which we were at liberty to purchase for provisions, and to appoint agents for that purpose; that on Mr. Boudinot's expressing his doubts on this point, Mr. Ferguson shewed great surprize at his unbelief, and assured him repeatedly that full liberty to purchase clothing would be granted:" That Mr. Ferguson, in his letter of the 2d of Dec. says, "that permission will be given to send in clothing to our prisoners, but that gen. Howe does not think fit to allow it to be purchased in Philadelphia." Congress taking into consideration the foregoing facts, and considering, that during the whole time in which the American prisoners have suffered such unparalleled rigor and insult, and every obstacle has been thrown in the way of their relief, the prisoners taken from the enemy have been plentifully supplied with provisions, either at the expense of these states, or by commissaries in the service of the enemy, permitted to reside, and purchase, without controul, within the jurisdiction of these states; that their officers have been admitted, on their parole, in good quarters, and a weekly allowance made them; that few, even of their privates, have been, for any time, confined in gaol; but, on the contrary, that they have been permitted to work abroad, and to receive the full price of their labour; thereupon, Resolved, That the allowance of two dollars a week to officers, who are prisoners of war to these United States, do cease, unless to those officers who may be entitled thereto by any contract made on or before their captivity or surrender : That neither David Franks, nor any other agent or person whatsoever, be permitted to negotiate bills within these United States for the supply of provisions taken from the enemy, or to purchase provisions, or other necessaries for such purpose, within the jurisdiction of these states, except in the manner herein-after provided: That every British commissary, or any other persons or agents, employed to supply prisoners taken from the enemy, with provisions, shall make return of the prisoners under his or their respective care to the purchasing commissary of the district, wherein such prisoners are confined, who shall deliver a sufficient number of rations for their weekly or monthly subsistence, as circumstances shall render necessary, taking duplicate promissory receipts for the same, payable in 30 days after date, one of which receipts shall be forthwith transmitted to the commissary-general of purchases, or to the deputy commissary-general of purchases of the department in which the provisions are supplied: That the provisions so received shall be paid for in the manner prescribed by the resolution of Congress of the 19th of Dec. last; and, in case the same shall be accounted for in gold and silver, the commissary-general or deputy commissary of purchases receiving the same, shall remit,it, without delay, to the board of treasury, in order that the same may be applied as a fund for relieving the distresses of the prisoners in the power of the enemy: That, in case failure shall be made by any person signing such receipt, in discharging the amount, when it shall become due, no farther provisions shall be issued for the maintenance of the prisoners under the care of the person or persons so failing: That, in return for the permission hereby given to purchase provisions of the American commissaries, for the use of the enemy's prisoners, general Washington be directed to demand of general Howe, liberty to purchase clothing in such places as may be under his power, for the use of the American prisoners; the clothing so furnished to be paid for either in gold or silver, or in provision, to be sent in and sold at the market price : and that in case general Howe should choose to order provisions and other necessaries to be sent out for the supply of the prisoners in our power, instead of the mode proposed by the former resolutions, he be permitted to send what supplies may, from time to time, be necessary, to such post as the American commissary of prisoners shall direct, which provision when sent out, shall be issued to the prisoners by persons appointed by general Howe for that purpose, provided that permits be granted by general Howe for transporting provisions either by land or water, as shall be most convenient, from the states of New-York, New-Jersey, Pennsylvania, Maryland, and Virginia, for the use of the American prisoners in the cities of New-York, and Philadelphia, and in the town of Newport, in Rhode-Island; and the provisions so sent in, be issued out by commissaries or other persons appointed for such purpose, by these states, who shall be permitted to reside at the places where the prisoners are confined: That, in return for the permission given by the resolution of Congress of the 21st of May, 1776, for a commissioned officer from the British army to visit monthly the prisoners in the power of these states, " in order to count their numbers and certify their rolls," general Washington be directed to demand peremptorily of general Howe, a like permission, or to agree upon any other equal mode, for ascertaining the situation of the American prisoners, which shall be deemed most expedient; and in case of general Howe's refusal to give satisfaction on this point, that general Washington regulate his future conduct by the conduct of general Howe: That general Washington be directed to enquire of general Howe the reasons why several officers in the service of these states, and other citizens, now in his power, have been so long confined either in the provost-guard or loathsome gaols, and treated with such unparalleled rigor; and if general Howe shall refuse to make any answer to this requisition, within the space of five days, or give such reasons for the treatment of these unfortunate persons as shall not be justifiable by the laws of nations, general Washington be directed immediately to order a number of the enemy's officers, as nearly equal in rank and condition of life as possible, to the persons so confined without just cause, forthwith to be imprisoned, subsisted, and treated in the same manner as the persons above alluded to are imprisoned, subsisted, and treated; and that he be informed, that it is the expectation, and express order of Congress, that this mode of treatment, in general, be continued, changed, or suspended, as the conduct of the enemy, with respect to American prisoners, shall, from time to time, render just and necessary, without waiting for any special order from Congress for such purpose: That the commissary-general of prisoners, and his respective deputies, be forthwith directed to call in all the officers and privates belonging to the enemy, and to confine them in such places, and order them to be subsisted and treated in such manner, as shall render their situation similar in all respects to that of the officers and privates who are prisoners with the enemy; and that they continue this mode of treatment, till such time as a change of conduct, on the part of the enemy, shall induce Congress, or the commander in chief of the armies of these states, to give directions for a different line of conduct on their part: That it be recommended to the government of the respective states, where prisoners of war are confined, to give every assistance in their power to the commissary-general of prisoners or his deputies, by putting them in possession of gaols or other proper buildings, and by furnishing them with guards, in order to enable them to execute the foregoing resolution. And whereas, gen. Howe, by his letter to gen. Washington in November last, affects to make a distinction in the treatment of persons taken in arms, and of the faithful citizens of these states subjected to his power, in a manner not only contrary to reason and the principles of humanity, but inconsistent with the sentiments expressed by gen. Howe himself, in his letter to gen. Washington, dated Staten-Island, 1st of August, 1776: Resolved, That gen. Washington be directed to require of gen. Howe an explanation of those parts of his letter of November, 1777, which imply this distinction, and the line of conduct which he means to observe for the future, with respect to such of the faithful citizens of these states as may be subjected to his power. Resolved, That a committee of four be appointed to prepare a manifesto on the injurious treatment our prisoners and faithful citizens receive from the enemy: the members chosen, Mr. Witherspoon, Mr. J. B. Smith, Mr. Lovell, and Mr. G. Morris. Adjourned to ten o'clock to-morrow. THURSDAY, January 22, 1778. A letter, of the 1st, from B. Harrison, deputy pay-master general at Williamsburgh, and one, of the 21st, from James Mease, clothier-general, at Lancaster, were read: Ordered, That they be referred to the board of treasury. A letter of the 19th, from gov. Johnson, of Maryland, was read: A letter, of the 6th, and one, of the 8th, from major-gen. Heath, at Boston, with copies of letters that passed between him and lieut. gen. Burgoyne, were read. The committee on the treasury brought in a report; Whereupon, |
