The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1778-05-23 00:00:00, page 2

Report of the Commissioners appointed by bis Excellent,
General Wajhington, to meet, confer, determine and
agree upon a treaty and convention for the exchange
of prisoners of mar, &.
SIR, Philadelphia, 27th March, 1778.
T"' Commissioners formerly mentioned by
1 me will meet the Gentlemen you have no
minated, in your letter of the 22d, at German
town, on the gift instant, at 11 o'clock in the
morning, and Jufhua Loring, Esq; my Commissary
General of Prisoners, will give his occasional at
tendance.
A commissioned officer, with a ferjeant and twelve
dragoons, will be sent from hence to attend upon
my Commissioners; and I give this timely notice,
that you may, if you please, have an equal number
with yours.
I conclude you will join with me in opinion, that
Germantown must be considered so far a neutral
place, as that no troops be permitted to enter it,
except the guards afore mentioned, during the meet
in of the Commiffioners.l
lam, mith due refpeß, Sir,
Your most obedient Servant,
Cen. Wafangton, &c. &c. W. HOWE.
(Copy)
SIR, Head Quarters, 29th March, 1778.
IH AVE been favoured with your letter of the
27th instant.
I agree with you, that Germantown (hall be con
sidered a neutral place during the meeting of the
Commissioners, and that no troops shall be permitted
to enter it while they are there, except the guards
mutually sent to attend them.
With due refpeH, 1 am, Sir,
Tour most obedient Servant,
Gen. Home, &c. &c. G. WASHINGTON.
(Copy)
By bis Excellency Sir WILLIAM HOWE, Knight
of the most honourable Order ofthe Bath, General
and Commander in Chief of all bis Majeftfs Forces
within the Colonies lying on the it antic Ocean,from
Nova- Scotia to West # Florida indufae, &c. &c. &c.
To Col. Charles O' Hara, Col. Humphry Stefans,
and Capt. Richard Fitzpatrick.
IN pursuance ofan agreement entered into with
General Walhington, for the appointment of
Commissioners on his part and on mine, to meet at
Germantown on Tuesday, the 10th day of March,
1778, with full powers to take under their consi
deration all past transitions relative to the exchange
of prisoners; to adjust the differences that have so
long subsisted in regard to them ; to remove ad dif
faculties that may arise, in carrying into execution
a general exchange of the prisoners with both par
ties at this time; and finally to establish a regular
and explicit cartel for the future ; —I do hereby no
minate and appoint ycu, Col. Charles O'Hara, Col.
Humphry Stephens, and Capt. Richard Fitzpatrick,
Commissioners, on my part, for the purposes afore
faid; and you, or any two of you, are accordingly
to repair to Germantown on the day above menti
oned, and there to treat, determine and agree with
a like number cf Commissioners, of suitable ranks,
on the part of General Washington, vested with
similar powers to those herein contained, upon all
matters whatsoever relative to prisoners.
For all which this shall be to you, Col. Charles
O'Hara, Col. Humphry Stephens, and Capt. Ri
chard Fizpatrick, or to any two of you, a fufficient
warrant, and your engagements so concluded upon
will, upon condition of their being mutually inter
changed, be finally ratified and confirmed on my part.
Given under my band and seal, at Head Quarters,
Philadelphia, the sth day of March, 1778.
W. HOWE.
B, bis Excellency's command,
Robert Mackenzie. (Copy)
By his Excellency GEORGE WASHING TON,
Es; General and Commander in Chief of all the
Forces oftbe United States of America.
To Colonel William Grayjon, Lieutenant Colonels
Robert Hanson Harrison, and Alexander Hanriltos,
and Edas Boulinot, Esq; Commissary General
of Prisoners.
WHEREAS a preposition was made by me,
on the goth day of July, 1776, to his Ex
Cellency General Sir William Howe, and acceded
to by him on the firft day of ^uguft following, fti
pu'atirg an exchange of prikmers, " officer for
officer of equal rank, soldier for ioldier, and citizen
for citizen "
And whereas differences have arisen on the con
ftruAion and execution of this agreement; and it
has been found by experience to be inadequate to all
the deferable purposes for which it was intended,
not being fufliciendy erenfive and definite to com
prebend the dive.fi y of cirermftances incident to
the fate of captivity, or to ascertain the various
modes of relief applicable to all.
tn oder to adjust all such differences, to prevent
others in future, so far as may be practicable, and
to fix the exchange and accommodation of prisoners
of war upon a more certain, liberal and ample foun
dation, you are, in virtue of full powers to me de
legated, to meet luch Commissioners of suitable
ra^k, as are or shall be appointed on the part of
General Sir William Howe, at Germantown, on the
last day of this month, and who shall come duly au
thorifed to treat on the fubjed.
With them to confer, determine and agree upon
a treaty and convention for the exchange of priso
ners of war, and for all matters whatsoever, which
may be properly contained therein, on principles of
justice, humanity and mutual advantage, and agree
able to the customary rules and practice of war
among civilized nations: For all which, this shall
be your fufficient warrant, and your engagements,
being mutually interchanged, shall be ratified and
confirmed by me.
Given under my hand and seal, at Head barters,
Halley Forge, this 28th day of March, 1778.
G. WASHINGTON.
By bis Excellency's command,
John Laurens, Aid de Camp. (Copy)
To bis Excellency GEORGE WASHINGTON, Esq;
General and Commander in Chief of the Forces of
the United States of America.
WE, the Commissioners appointed by your Ex
cellency, " to confer, determine and agree
upon a treaty and convention, for the exchange of
prisoners of war, and for all matters whatsoever,
which may be properly contained therein," beg leave
to report—
That in pursuance of your Excellency's orders,
on the gift day of March we met, at Germantown,
the Commissioners appointed by General Sir William
Howe, for the purposes, as expressed in their com
mission, " cf taking into consideration all past tranf
adions, relative to the exchange of prisoners, to
adjust the differences that have so long subsisted in
regard to them, to remove all difficulties that may
arise, in carryinginto execution a general exchange
of p^foners wi h both parties at this time, and
finally to establish a regular and explicit cartel for
the future."—-
We produced our refpedire powers and inter
changed copies for further examination ; after which
a proposition was made to us, to take up the bufi
nels of our meeting in the form of a general Cartel,
and to make the dtcuffion of past tranfaftions a se
condary objeft; in doing which, it was to be under
flood, that nothing was to be final or obligatory,
till the whole treaty Should be concluded. To this
we readily agreed, as the mode appeared elegible
in irlelf, and consonant with the intention of our
commission.—These preliminaries being adjusted, a
paper was fubmiited to our consideration, contain
ing a number of articles relative to the fufjeft of
our negociation, which we promised to peruse and
deliver our feniiments concerning.
General Howe's Commissioners proposed to ad
journ till the next day, and expressed a desire of
returning that evening to Philadelphia, to which we
did not then think proper to object.
Having met the next morning, we, in a cursory
manner, pointed out feme imper edicts in General
Howe's commission: An essential one was, that it
contained no recital cf the authority by which he
a&ed; whereas ycur Excellency's commission ex
pressly Specifies, that it is " in virtue of full powers
to you delegated." His Commissioners promised to
communicate our objections, and receive his further
inftiunions.
We proceeded in the mean time to a comparison
of ideas on the paper above-mentioned, and made
rough minutes of the relult, agreeing that whatever
might be adapted should only be considered as a
concurrence in some general principles, which were
to be modified, explained, enlarged and applied, as
should be afterwards determined.
It was then proposed to digest what had been
done into a more regular and explicit forn,, and to
prepare ry new propufitiocs which might occur;
but as this would neceflarily require time, it was
agreed to defer cur next interview to Friday, the
3d ot April.
The C< mmiffioners from General Howe then in
formed us, that it was expe&ed by him the Com
missioners on both sides were always to retire, after
the business of the day, within their refpedive lines,
and that the neutrality of Germantown was only to
continue during the time of actual negociation; as
on account of the proximity of that place to Phila
delphia, many inconveniences might attend our con
stant nfideoce there.—This proposal was equally
unexpected and surprising: We c nceived it to be
e ntrary to the tenor of the correspondence commu
nicated to us, which had palled between your Excel
lency and General Howe, for appointment of a place
of treaty.—lt could not but produce much unne
ceffary delay in the negociation, the distance be
yeur camp and Germantown being sixteen miles,
and tended to impose a new and burthenfome con
dition bn us, by obliging us to perform a jurney cf
twice that diftarce every day. In point ot propriety
and for the dispatch of business we thought it
necessary the Comm ffioners should remain conhantly
together. These motives, and an appreherlion that
fomeching might be implied, in the objection, un
favourable to our petfonai honour, determined us to
suspend the negociation till we had reported to your
Excellency the terms required, and received ycur
directions in consequence. We declared our relo
lution and reafors to General Howe's Commissi
oners, and have returned to camp accordingly.
W. GRAYSON,
Camp, Halley Forge, R. H. HARRISON,
April 4th, 177^ a Hamilton,
E. BOUDINOT.
(Copy)
To bis Excellency GEORGE WASHINGTON, E f;
General and Commander in Chief of the Forces of
the United States of America.
WE, the Commissioners appointed by your Ex
cellency, “ to confer, determine and ague
upon a treaty and convention for the exchange of
prifi ners of war, and for all matters whatsoever,
which may properly be contained therein," beg
leave to report
That, agreeable to your Excellency's orders, on
Monday the 6th of April we met, at Newtown, in
Bucks county, the Commissioners appointed by Ge
neral Sir William Howe, for the purposes as ex
pressed in their commission, “ of taking into consi
deration nil past tranfa&icns relative to the exchange
of prisoners, to adjust the differences that have so
long subsided in regard to them, to remove ail dif
ficulties that may arise in carrying into execution a
general exchange of prisoners vi:b both parties at
this time, and finally to eftabliffi a regular and ex
plicit cartel for the future."
The next day we entered upon business. The
Commissioners on the part of General Howe open
ed it, by informing us that he had been made ac
quainted with our objections to his commission, but
that he would not consent to the alteration we had
proposed refpeding an insertion of the powers under
which he afled: That he meant the treaty to be ts
a personal nature, founded on the mutual confidence
and honour of the contrasting Generals, and bad no
intention, either of binding the nation or extending the
cartel beyond the limits and duration of bis o«wn com
mand. They declared themlelves ready to treat
with us on this footing and with their present
powers, which they deemed adequate to the pur
poses of our meeting.
In anfser, we assigned them our reasons at large
for thinking there was a material deleft in their
powers, which must render any treaty we could
form nugatory and unequal ; —nugatory, because the
private faith of an individual could net, in the na
ture of things, be a competent or proper security
for a treaty of public import;—and unequal, be
cause on the one hand, from the express tern's of
our powers, the public faith wou'd be plighted for
our engagements, and on the other, General Howe
alone w:uld be bound for the performance of theirs.
The Commissioners from General Howe, in the
course of the diicuffion, intimated an impropriety in
treating with us on a national ground, in a contest
of fueb a nature as the present, which might imply
an acknowledgment inconsistent with their claims.—
We observed to them, that if there was any incon
sistency at all, it would operate equally against the
forming a cartel on any principle whatever, and
against the whole business of exchange; but that the
meafue was calculated for mutual advantage, and
must juftify itfelf on its expediency and necessity.
We Supported our ob ervation by precedents drawn
frem practice in like cases ; and in order to obviate
every scruple, and to remove, as far as was in our
power, every impediment to the execution of our
commission, we proposed that a clause should be ad
mitted into the cartel, declaring that nr expreflions
contained in it should be construed to affe& the poli
tical claims of either country, in any thing not di
redly nec< ffary to the due and faithful observance of
the treaty. This we thought a good expedient for
reconciling difficulties on both sides. -We agreed
to come to a final determination the next day.
We met accordingly ; and after some mutual ex
planations we informed General Howe's cornmiffio
ners, that on the oioftmature deliberation, we found
ourselves obliged to adhere to our objections to their
cemmiffioD, and could by no means think outfelves
authorifed to treat with them, unless their powers
were made correspondent- to our own. They then
proposed that two of their number should immedi
ately proceed to Philadelphia to consult General
Howe again upon the fubjed, This proposal we
chearfully aftutid to, in hopes that he would alti