cerning General Burgoyne's army, and the measures adopted relative to it, I have only to inform you, that this is a matter in which I have never had the least direction. It lies wholly with Congress; and the proposals you make on this head must be submitted to them. I have accordingly transmitted a copy of your letter, and shall be ready to forward to you any resolution they may take in consequence.

I shall omit animadverting on your observations with regard to the allowance and treatment to prisoners in your hands. It is a subject, which has been

standing the remonstrances I made to you upon that point, finding that supplies were not sent in, my humanity interposed in behalf of the unfortunate men in our possession; and, on a late representation of their distress, I permitted in this city the purchase of blanketing, and such other necessaries as the severity of the winter require, and without which they must absolutely have perished.

"

"Confident as I am, that you will acknowledge this to be a just recital of facts, I cannot but think it unnecessary to say any thing farther, either upon the cruelty falsely alleged to have been exercised against the prisoners, or the unjust reflections you have been so often induced to transmit to me upon that head. In consideration, however, of the real and unavoidable distresses of the prisoners on both sides, as well as to put an end to all fruitless altercation on the subject, I shall consent to an immediate exchange of all prisoners now in our possession, as well officers as private men so far as the number of the latter, and parity of the rank of the former, will admit. In the mean time, I shall wait the arrival here of the British officers, whom you have released upon their paroles, and shall, without delay, send an equal number to you in return. 'With regard to the account for provisions and other necessaries, which I find by General Heath's letter is become a pretext for infringing, if it is not intended as an absolute breach of, the convention of Saratoga, I do readily agree to the immediate appointment of commissioners, on your part and on mine, to settle that account, together with all other accounts for provisions, &c. furnished the prisoners on either side, and to make payment of the balance. As I have no objection to the earliest meeting of the commissioners for completing the exchange and liquidating the accounts, I trust there will be no new impediment to the release of General Burgoyne's troops, but that you will give immediately such orders for their embarkation upon the arrival of the transports at Boston, as will remove every difficulty."-Howe to Washington, 5 February, 1778.

ence;

fully discussed in the progress of our correspondand the necessity of a further investigation is superseded, by your now meeting me on the ground I have so long wished. The powers under which I act are entirely derived from Congress, and must of course be subject to such modifications, as they may think proper according to circumstances to prescribe. But, holding myself fully authorized, by their instructions and intentions, to avail myself of the reasonable terms, you are at this time willing to adopt for the mutual relief of prisoners, I shall explicitly close with your propositions to the following effect;"That an exchange of all prisoners now in our possession, officer for officer, soldier for soldier, and citizen for citizen, so far as number and rank will apply," be carried into execution, as expeditiously as the nature of the case will admit, and without regard to any controverted point, which might prove an impediment to so desirable an end. And here, as I may not clearly understand your meaning, when you say, "In the mean time I shall wait the arrival of the British officers, whom you have released upon their paroles, and shall without delay send an equal number to you in return,"-I take occasion to request, that you will be pleased to favor me with an explanation; whether you intend to consider such officers, on both sides, as still continuing under the obligation of a parole, or as absolutely exchanged in pursuance of the general cartel. I see no reason why an effectual

1 Howe replied that the exchange of commissioned officers must be governed by the release of the Hessian field-officers taken at Trenton, and Lieutenant

exchange should not at once operate with respect to them.

I also agree, that two commissioners from me shall meet a like number from you, on the 10th day of March in Germantown, at the King of Prussia Tavern, at eleven in the forenoon, to adjust upon equitable terms the difference you mention, and such other matters as they may be severally empowered to determine.

With respect to a general settlement of accounts, as it comprehends points with which I have no authority to interfere, it is not in my power to concur in the measure you suggest for that purpose. I am under the necessity of referring it to the decision of Congress. Considering a general exchange as finally agreed on between us, I shall without delay order the prisoners in our hands to places in the vicinity of your different posts, as their respective situations may render most convenient; and shall give you notice as they arrive, that you may return a number equal to those sent in from time to time. I am, with due respect, Sir, &c.

DEAR SIR,

TO MAJOR-GENERAL MCDOUGALL.

HEAD QUARTERS, Valley Forge,
12 February, 1778.

The Congress, so long ago as the 30th November last, directed me to have an inquiry into the causes

Colonel Campbell, "who have not only been longest confined, but have hitherto been the objects of particular exception." The convention troops Howe also regarded as subjects of exchange.

"

of the losses of Fort Mifflin upon the Delaware, and Fort Montgomery upon Hudsons river. The peculiar situation of the army has hindered me from attending to this matter before this time. As most of the principal officers up the North River were immediately concerned in the defence of Fort Montgomery, or eventually so by being very near it, there cannot in my opinion be a sufficient number proper to compose a Court found upon the spot. It is therefore my intention to send three at least from this Army, and it is my wish that you should be one and act as president upon the occasion, if your health will permit you to attend. I shall therefore be glad to hear from you upon the subject, that, I may either proceed to fill up the commission for you, or appoint another, if your health should not be sufficiently established to go thro' the Business. It is my wish to have this inquiry carried on, not only in obedience to the Resolve of Congress, but for other reasons, which I need not explain to you. It is besides impatiently expected by the Gentlemen in the State of New York, who are in hopes that some beneficial consequences will result from it. You are particularly well acquainted with many circumstances relating to the situation of matters in that quarter and therefore more capable of conducting the enquiry than any other officer. I shall only add one reason more to induce you to strain a point upon this occasion, which is, that the scarcity of General Officers is already so great, that, supposing one as proper as yourself, I could not spare him without injury to the

service. I shall expect an answer by return of the express.' I am, &c.

TO MAJOR-GENERAL GATES.

HEAD-QUARTERS, 14 February, 1778.

ŞIR,

I am favored with yours of the 9th instant, enclosing the proceedings of a general court-martial held by your order. It is a defect in our martial law, from which we often find great inconvenience, that the power of appointing general courts-martial is too limited. I do not find it can be legally exercised by any officer, except the Commander-in-chief, or the commanding general in any particular State. This circumstance would make it improper for me to ratify the sentence against Murray, did the nature of his crime require it; and, if it was thought inexpedient to let him pass unpunished, I should be under the necessity of ordering another court for his trial. But as there are some mitigating considerations, which you mention, it may perhaps be as well to remit the present sentence, without proceeding any further in. the affair. I leave it to your judgment, either with my approbation to do this, or to make use of the enclosed order, to bring the offender to a second trial.

1 "With respect to Fort Mifflin, the inquiry involves very extensive considerations, and more or less affects almost all the General Officers in this army, whose advice or concurrence in the measures taken, make them in some degree parties. The mode in my opinion most unexceptionable to be pursued is for Congress to authorise a Committee of their own body, or to delegate any other persons they may chuse to intrust, not connected with the operations of this army, to go into the business."-Washington to the President of Congress, 8 February, 1778.