The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1778-05-23 00:00:00, page 3

mately put it in our power to answer the definable
purposes of our appointment.
On the return of the(e gentlemen from Philadel
phia, they informed us that Genera! Howe persisted
in the idea of a personal treaty on his part, and refuf
ed to enlarge his powers by the declaration required
on oars. We then proposed to state our objections
in writing, and to receive their answer in the lame
manner: The former ue did, as follows.
" THE Commissioners appointed by his Excel
lency General Washington, to confer, determine and
agree upon a treaty and convention for the exchange
of prisoners of war, and for all matters whatsoever
that may be properly contained therein
" Having examined the powers on the part of Ge
neral Sir William Howe to his commissioners, and
compared them with their own, observe a difference,
which, in their apprehension, is very essential and
important: General Washington, in his commission,
exprefly declares it to be given io virtue of ful pow
ers to him delegated: General Sir William Howe,
in his commission, makes no acknowledgment of any
authority by which he ads,
" It appears to be the intention of the refpe&ive
Generals, mutually expteffed in their powers, to do
an extensive and permanent aft, which hall nut on
ly effea a fettlemeot of past differences, and a general
exchange ofprifone-s for the present, but Shall ex
tend to the eltablifhment of a regular and explicit
Cartel in future. The obje&s or this Cartel ^ll
not be wholly of a military nature, but will include
matters of very interesting civil concern—lt is ap
pretended, that the power of entering into a treaty
of such importance is not naturally inherent in mili
tary command, and that it cannot be exeiciled, by
either of the Generals, as an official a&, merely, in
virtue of their m litary capacities; but mud be foun
ded on special authority, delegated Tr the purpose —
This authority, according to rea'en and unive fal
practice, ought to be declared, otherwile it will net
appear, nor have the least efficiency or operation —
" That if the authority does not ex ft, the nego
elation can have no Efficient foundation. It mull rest
solely on the footing of personal confidence. The
public faith cannot be considered as pledged, for the
performance of any engagements,, in consequence of it,
and those may of course be overruled at pleasure.
Cou'd the credit of individuals be supposed great e
nough, in preservation of perforal honour, to pre
vent the interference of luperior authority - their in
fluence could not, at any rate, extend beyond their
own command, and fheu'd the casualties of war ie
move them, their successors would not be, io any
manner, bound by their engagements.
"In fine, it is conceived, there wru ! d be a ma
nifeft impropriety in conducting a bufimfs of this
nature on personal ground, as such a measure would
be destitute of that validity, which the solemnity of
a public aiff alone can give, and which the magni
tude of the obj^&s it is intended to comprehend in
difpenfibly requires.—Personal confidence, or the
mutual ennfi fence of individuals is too (lender and
unsubstantial a balls, for cot cerns of so great variety
and extent, as the treaty in contemplation must ne
ceffarily involve. W. GRAYSON,
1Vro ~ ; ^ ,o, ~,8. ^
To Col. Charles O'Hara, E. BOUDINOT."
Col. Humphry Stevens,
Capt. kiebird Fitzpatric':.
In return, the Commissioners on the part of Gene
ral Howe delivered us a paper, containing a writing,
as follows:—
“ TH E Commissioners appointed by his Excel
lency Sir William Howe, to take into confi
deratien all past tranfadiors relative to the ex
change of priicners, to adjust the differences that
have so long lohfifted in legard to them, to remove
all difficulties that may arise in carr\ing into execu
tion a general exchange of prifonets with both par
ties at this time, at d final'y, to establish a regular
and explicit cartel for the fu u r e, having received
the objections made to the commission under which
they aiff, from the Ccmmiffioneis appointed to meet
them for similar purpoles by General Washington,
are much concerned to find they are likely to prove
an obftruaion to the execution of so deferable a pur
pose. They conceive the powers delegated to them
by their commission to be Sufficient and ample, for
effectually accomplishing the purposes therein contain
ed; and hereby declare themselves ready and desir
ous of immediately entering upon a treaty with the
Commissioners appointed by General Washington,
for carrying into execution the diff rent objeds of
their commission. C. O'HARA.
Newtown, April \ I,\„Z. H STEPHENS.
' To Col. Gray/on, R. FITZPATRICK."
Lieut. Cal. Harrison,
Lieut. Col. Hamilton,
Elias Boudinot, Est
We immediately prepared a reply to 'he forego
ing writing, which we offered to General Howe's
Commissioners, but they refufed to read it; alledg
ing that, if we would not meet them on the com
million they now had, the negociatioh was at ab
end. We then read to them the reply we had pre
pared, to the following effect:
" FHE Commissioners appointed by his Ex
cellency General Washington, to confer, determine
and agree upon a treaty and convention for the ex
change of prisoners of war, and for all matters
whatsoever, that may be properly contained therein,
are inexpressibly concerned to find
" 1 hat the Commissioners on the part of Gene
ral Sir William Howe Ihould think it necessary to
make the objections stated to their powers, and sup
ported, as they apprehend, by the most conclusive
reasons, an insurmountable obstacle to the progress
ofa negociation, intended to answer the most bene
volent and estimable purposes.
" As General Sir William Howe must be sup
posed fully impowered to enter into the treaty his com
mission imports, they can conceive no Efficient rea
son for not declaring his powers, and would flatter
themselves, that nothing can be easier than to re
move the cause of their objections, and to proceed
in the bufiaels on admiflible terms —They are rea
dy and felicitous to treat on fair, proper and equal
ground; such as will give efficacy to their proceed
ings, an I place a public ad on the foundation of
public authority. W. GRAYSON,
Newtown, April 11, 1778. R. H. HARRISON,
To Co . Charges O'Hara, A HAMiLTON,
Col. Humphry Stephens, E. BOUDINOT."
Capt. Richard Fitzpatrick.
We (hall be happy if our conduct on this occasion
meets with you: Excellency's approbation. We weie
fully sensible of your folicuude for the success of a
treaty, designed to provide an efFedual and durable
n medy for thole calamities, with which the Rate of
captivity has been hitherto affixed. We are sorry
the views of Gen. Sir William Howe w@e so far
different nom yours, as to render them impractica
ble. Your powers to us were the Standard, by
which we were to judge of the efficiency of his.
The former are founded on the broad basis of nati
onal fai h; the latter on the narrow one of private
faith. A dissimilarity, in so material a point, ap
peared to us a solid and on our part, an insuperable
obj &ion. We considered the formation of a treaty,
by which such momentous concerns would be affect
ed, with no other fandion than the personal honour
and interest of an individual, not only as incompati
ble with our commiffi n, but repugnant to reafan, to
the nature es the business, and to common ulage in
fim far cases. A treaty so formed would, in our
conception, be merely nominal—or at best of tem
p rary operation —certainly ceasing with peifonal
command, liable at any time to be violated by pub
lie authority, without the imputation of public dif
honour, and highly derogatory to the dignity of
these United States. W. GRAYSON,
r A i , R. H. HARRISON,
A - HAMILTON,
Aprs 15, 1778. £ BOUDINOT."
In CONGRESS, April %1, 1778.
RESOLFED,
^^H AT Cogiefs approve the conduct of Col.
Gray son, Lieut. Col. Hirrifon, and Lieut Col.
Hamilton, and Elias Boudmot, Esq; C mmiffi ners
appointed by G 11 Wrfhingt nto meet the Comm ffi
onera of Gen. Sr Wlbarn Howe, and with them to
confer, determine and agree upon a treaty and con
vention for the exchange of priloners of war, and for
al matters whatsoever, which may be pioperl, con
tained .herein, in the several meetings held at Gef
mintown and Newtown with the Lid Commissioners of
General Howe.
Refolded, That Congress are fiacerely desirous of fet
tling a caret, lor the exchange of prisoners, on prin
ciples of justice, humanity and mutual advantage, and
agreeable to the customary rulesand practice of war a
mong civilized nations; and that they lament the ob
ftaclcs rated by General Howe and his Commissioners,
duringrhe negotiations bed for this definable purpefe.
Extract from the Minutes.
Fublifoed by Order of Congress,
CHARLES 1 HOMoON, S-cretary^
LONDO N, January 14..
OW R Court have received advice, that (even (hips
of toe line with a number of troops on board
tailed lately from Fouloih Their destination is not
known. There never was such aplenty of naval stores
in France, and such a scarcity of them in England, as
at present.
There is nothing that ought to open the eyes of the
public, and turn them to look on the approaching ru
in cf this kingdom, more than the rapid declivity of
the Stocks within these few weeks . In the beginning
of this American war the Minister, by unnatural pal
liatiies, and at the expence of every thing, kept them
up; and hence it formed the cry amongst his runners
" Look at the Hoiks ! See how they keep up, which
is a pioof what foreigners think of our credit and
ft ength. This for a while has blinded many well
meaning men ; but n-w the farce can be no longer
held up, the last lean wants half a million to be filled up.
The Dutch keep back, knowing the impossibility of
avoiding a French war, and no profpe& of freth fu&
fcrib-rs for the ensuing loan ; so that in this embaf.
raffed state of credit, God only knows how fe„,and
ho^ fatal the contequ nces may be.
G?vernm?nt hive applied to Ireland for assistance in
this American war ; but we h-ar the Secretary of that
kingdom, who is reckoned a blunt, sensible m n, wrote
back for answer very Lcohically, " That there were
neither men nor money in that kingdom."
Such a eihed sellable characters of some of the Ser
vants of a great man, thatalter having given him such
advice as he greedily fwa lews, they laugh at him fcr
his we knefs and credulity.
The cities of Bristol and London; having feouted «
all proposals for fubferibing to troops, to be intruded
to the present Minidry, will certainly be joined by the
county of Warwick, and the blank Coventry fubferip
tion bock, forfending oier manufacturers to teach Ame
rica bow to do without us, ought still to remain the jest
of travellers Not a county or village in England
Should intruft Mniftry with one volunteer, when they
lave hern so unvife as not to preserve peace ; ahd by
their strange, ahfurd orders, have (hewn themfelpet so
unable to conduct a war.
On Tuefdai last the Right Hon. Earl of Effingham
gave an elegant hall and fuppei, at his feat near Ko
therham; the company was numerous and brilliant §
previous to the ball, that truly patriotic Nobleman
opened a futifeription for relieving the distressed Ame
ric n p ifoners, when feveial hundred pounds were
fuhcribed.
Feb. 6. No wonder (faysa correfp-rHeht who kndWi
the faß) that there (houid not be wah ing a set of men
in this country to applaud the mealutes of administra
tion, and call aloud for the farther continuance of thig
unnatural war—when ever, douceur is held out to them
to bellow forth such an opinion. One man (amongst
many others, wl o are ftite trumpeters on this occafior)
who was an auElivneer a very few years ago, arid JoU
old foips by inch of candle, is now a principal contractor
for tranfpdi ts, and has the modesty to require, and ob
tain no 1-fs than five per cent, on all tiips in the go
vernment service. In this employ, it is said, he clears
no irfs than ten thousand pounds d year.
A correspondent looking over our paper yeftefday;
fays, that, to the incredible sum of one million two
hundred and fixry five thousand two hundred and
thirty pounds, paid for tr nfport hire, by the Navy
Board, for this American war, there still remains a
bout one hundred thousand pounds a year to be added
for transports taken up by the Office of Ordnance.
The bitterest enemies of this country could not have
devised a more ruinous war th n what our M niftry
have invented, and continue to pursue with engernefs,
against ev ry motive which should conftraifathem to
the pursuit of other measures, before ruin overtake
them, and political deftru&ion the whole kingdom.
Extract oj a letter prom Whitby, fan. 23?
"On Wednetoav last thre was a meeting held her%
of some cf the principal old women, to confider of mak
ing his Majesty an offer of raifirg a regiment; when
it was found that the poorer fol of people here, who
had served seven jeais, either to sea, or to be ffiip
wrights, were at present more laudably employed,
than to change trades and turn butchers ; there were,
to be fwre, some few amongst the (nobility for enlist
ing, and without disparagement, I heli< ve, would cut
a dittmguifhed figwe in an advanced guard. The firft
of them was a crippled c< bier, known by the name of
Hock in Hole, who glories in the corqueft of his enemy,
and will attack a brandy bottle with more Generalship
than ever Charles XII could ; he was so eager to en•
lift, that the old ladies had much ado to persuade him;
that the Scheme of ra sing a legim nt here was found
impracticable. A half farmed taylor caught the in
ft&ion, and grew big with the idea of putting the re
bels to the bodkin."
T R E N T O N, May id.
A few days ago 40 Indians, of the Oneida nation;
arrived at our C mp, who, it is expected, will soon
be followed by several hundred more: They are to
join Col: Morgan's corps, and to frout near the lines;
to check the unlawful commerce, too much carried ori
at present, between the countiy and city. “ This will
(lays a correspondent) make the Tories fear for theif
Scrips."
Two deserters from our row galling, who went to the
enemy Some time ago, were lately tafon by a Scouting
party of our troops, in Gloucester county, and were
brought to this town on Monday last. One of them
is named John Gilfioy, who was tri.d yesterday by a
C urt.Martial, and condemned to be hanged: But
his execution is deferred 'til the Sentence is confirmed
by his Excellency the Piefid nt of the State of Pennsyl
vania. The other, we hear, is Shortly to take his trial
at Lancaster.
L A NCA S T.E R, %,23.
Early this mowing died in this Bcrough, hLExceL
lency THOMAS WHART ON, Junior, Efa;
President of the Supreme Executive Council of this
Common-Wealth, &c.-——We have neither tithe nor
room in this dayb publication, to do justice to his merits
Extract of a letter from York Town, dated May 01.
“ Yefteidry we had accounts by ex,refs from BoG
ton, That a French frigate cf 36 guns, twe Ships of the
United States, of 20 and 24 guns, and two deeply laden
merchant vessels on public account, arrived there from
France. One of these store-ships, haring on hoard 543
bates of woollens, linens, fail canvass, &c. was in pof
feSlioh of the enemy for 43 hours, but no evidence of
American property appearing, the (hip was dismissed.
Two or three others, lels confiderahle, are also Safe in
port."
The Ass mbly, cn confideraficn of the late happy
turn in public affairs, resolved, on Thursday last, to
fwpend the Aft for regulating the prices of goods and
merchandize.