fire; that major Butterfield proposed, from the very first, to surrender the post, and refused repeated solicitations from his officers and men, to permit them to sally out on the enemy:

That, on Sunday afternoon, a flag being sent in by the enemy, major Butterfield agreed to surrender the fort and garrison to captain Foster, capitulating with him, whether verbally or in writing does not appear, that the garrison should not be put into the hands of the savages, and that their baggage should not be plundered:

That, at the time of the surrender, the enemy consisted of about 40 regulars, 100 Canadians, and 500 Indians, and no cannon; the garrison had sustained no injury from their fire, but the having one man wounded; they had twenty rounds of cartridges a man, thirty rounds for one field-piece, five for another, half a barrel of gun-powder, fifteen pounds of musket-ball, and provisions sufficient to have lasted them twenty or thirty days: major Butterfield knew that a reinforcement was on its way, and moreover, was so near the main body of the army, that he could not doubt of being supported by that:

That, immediately on the surrender, the garrison was put into the custody of the savages, who plundered them of their baggage, and even stripped them of their clothes;

That major Sherburne, having landed on Mondayt he 20th, at Quinze Chenes, about nine miles from the Cedars, and marched on with his party, consisting then of 100 men, to within four miles thereof, was there attacked by about 500 of the enemy: that he maintained his ground about an hour, and then, being constrained to retreat, performed the same in good order, receiving and returning a constant fire for about forty minutes; when the enemy, finding means to post advanced parties in such a manner as to intercept his farther retreat, they also were made prisoners of war:

That they were immediately put into the custody of the savages, carried to where major Butterfield and his party were, and stripped of their baggage and wearing apparel:

That two of them were put to death that evening, four or five others at different times, afterwards; one of whom was of those who surrendered on capitulation at the Cedars, and was killed on the 8th day after that surrender ; that one was first shot, and, while retaining life and sensation, was roasted, as was related by his companion, now in possession of the savages, who himself saw the fact; and that several others, being worn down by famine and cruelty, were left exposed in an island naked, and perishing with cold and hunger:

That, while major Sherburne was in custody of the enemy, captain Foster required of him, and the other officers, to sign a cartel, stipulating the exchange of themselves and their men for as many, of equal condition, of the British troops in our possession; farther, that notwithstanding the exchange, neither themselves nor men should ever again bear arms against the British government; and for the performance of this, four hostages were to be delivered, which, they being under the absolute power of the enemy, did sign:

That on Sunday, the 26th, the prisoners were carried to Quinze Chenes, when it was discovered that general Arnold was approaching, and making dispositions to attack them:

That captain Foster, having desired major Sherburne to attend a flag, which he was about to send to general Arnold, for confirmation of the cartel, carried him into the council of Indians, then sitting, who told him that it was a mercy never before shewn in their wars, that they had put to death so few of the prisoners; but that he must expect, and so inform general Arnold, that they should certainly kill every man who should thereafter fall into their hands:

That captain Foster joined in desiring that this bloody message should be delivered to general Arnold; and moreover, that he should be notified, that if he rejected the cartel, and attacked him, every man of the prisoners would be put to instant death :

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That general Arnold was extremely averse from entering into any agreement, and was at length induced to do it by no other motive than that of saving the prisoners from cruel and inhuman death, threatened in such terms as left no doubt it was to be perpetrated, and that he did at length conclude it, after several flags received from captain Foster, and a relinquishment by him of the unequal article restraining our soldiers from again bearing arms:

That the prisoners, so stipulated to be given up to the enemy, were not in the possession of general Arnold, nor under his direction, but were, at that time, distributed in various parts of the continent, under the orders of this house:

That four hostages were accordingly delivered to captain Foster, who were immediately plundered and stripped by the savages; and on his part, were delivered one major, four captains, sixteen subalterns, and three hundred and fifty-five privates, as specified in a certificate of captain James Osgood and others, of whom no specification by their names or numbers has yet been transmitted; that he retained twelve Canadians, alleging in his justification, express orders. so to do; and that, living in a military government, they were to be considered even in a worse light than deserters from his majesty's armies; these he carried away in irons, but afterwards released: that he permitted the Indians to carry into their countries several other natives of the United States, for purposes un

known:

That, during the time of their captivity, not half food was allowed the prisoners; they were continually insulted, buffeted, and ill treated by the savages; and when the first parties of them were carried off from the shore to be delivered to general Arnold, balls of mud were fired at them, and at the last parties, musket balls.

The Congress, taking into consideration the foregoing report, came to the following resolutions:

Resolved, That all acts contrary to good faith, the laws of nature, or the customs of civilized nations, done by the officers or soldiers of his Britannic majesty, or by foreigners or savages taken into his service, are to be considered as done by his orders, unless indemnification be made, in cases which admit indemnification, and in all other cases, unless immediate and effective measures be taken by him, or by his officers, for bringing to condign punishment the authors, abettors, and perpetrators of the act:

That the plundering the baggage of the garrison at the Cedars, stripping them of their clothes, and delivering them into the hands of the savages, was a breach of the capitulation on the part of the enemy, for which indemnification ought to be demanded :

That the murder of the prisoners of war was a gross and inhuman violation of the laws of nature and nations: that condign punishment should be inflicted on the authors, abettors, and perpetrators of the same; and that, for this purpose, it be required that they be delivered into our hands:

That the agreement entered into by general Arnold was a mere sponsion on his part, he not being invested with powers for the disposal of prisoners not in his possession, nor under his direction; and that, therefore, it is subject to be ratified or annulled, at the discretion of this house:

That the shameful surrender of the post at the Cedars is chargeable on the commanding officer: that such other of the prisoners as were taken there, shewed a willingness and desire to fight the enemy; and that major Sherburne, and the prisoners taken with him, though their disparity of numbers was great, fought the enemy bravely for a considerable time, and surrendered at last but on absolute necessity: on which consideration, and on which alone, it is resolved, that the said sponsion be ratified; and that an equal number of captives from the enemy, of the same rank and condition, be restored to them, as stipulated by the said sponsion:

That, previous to the delivery of the prisoners to be returned on our part, the British commander in Canada be required to deliver into our hands the au

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thors, abettors, and perpetrators of the horrid murder committed on the prisoners, to suffer such punishment as their crime deserves; and also, to make indemnification for the plunder at the Cedars, taken contrary to the faith of the capitulation; and that, until such delivery and indemnification be made, the said prisoners be not delivered:

That, if the enemy shall commit any further violences, by putting to death, torturing, or otherwise ill treating the prisoners retained by them, or any of the hostages put into their hands, recourse be had to retaliation, as the sole means of stopping the progress of human butchery; and that, for that purpose, punishments of the same kind and degree be inflicted on an equal number of the captives from them in our possession, till they shall be taught to respect the violated rights of nations:

That a copy of the above report and resolutions be transmitted to the commander in chief of the continental forces, to be by him sent to generals Howe and Burgoyne.

Adjourned to nine o'clock to-morrow.

THURSDAY, July 11, 1776.

Sundry letters were received and read, viz.

One of the 9th, from the convention of New-Jersey:

One of the saine date, from the committee of Easton, and three from officers, prisoners, desiring leave to come to Philadelphia.

Resolved, That the letter from the convention of New-Jersey, be referred to the board of war, who are desired to report thereon as soon as possible.

Resolved, That Mr. T. Matlack be directed to deliver to Mr. C. Biddle, deputy quarter-master general for the flying-camp, such of the continental stores, in his possession, as may be necessary for said flying-camp.

The general having recommended the following gentlemen to be officers of the two remaining rifle-companies of colonel Stevenson's battalion at NewYork, viz,

Richard Davis, captain:

Daniel Cressop, first-lieutenant :
Nieman Tannehill, second-lieutenant :
Henry Hardman, third-lieutenant :

Resolved, That they be accepted, and commissions granted to them accordingly.

Resolved, That an order for 213 dollars and one-third, be drawn on the treasurers, in favor of the delegates of Maryland, to defray the expenses of transporting powder to Maryland; they to be accountable.

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Three petitions, one from major Melchior, one from John Doyle, and one from Benjamin Flower, were presented to Congress, and read:

Resolved, That they be referred to the board of war.

A petition from John Cox was presented to Congress and read: Whereupon, Resolved, That the secret committee be directed to sell Mr. Cox half a ton of powder, for the use of the private vessel of war by him fitted out.

A petition from Cox, Ferman, and others, was presented to Congress, and read, together with a memorial from the committee of inspection and observation for the city and liberties of Philadelphia, recommending their case to the notice of Congress; Whereupon,

Resolved, That the petitioners have leave to dispose of the goods mentioned in their petition.

A letter of the 10th, from general Washington, and five letters of the 5th and 6th, from governor Trumbull, were laid before Congress, and read.

The board of war, to whom the letter from the convention of New-Jersey was referred, brought in a report, which was taken into consideration; Whereupon, Resolved, That a letter be written to the convention of New-Jersey, inform ing them, that, as they have not enclosed to Congress, copies of general

Washington's and brigadier-general Livingston's letters, no judgment can be formed by Congress, concerning the contents of them, until copies are sent ;that measures are taking in Pennsylvania and Maryland, for forming the flyingcamp ;-that, in the mean while, the associated militia are marching, in great numbers, from Pennsylvania, for the defence of New-Jersey;-that ammunition has been, and will be, supplied by this Congress, for the defence of NewJersey;-that, with regard to the pay of the militia, Congress will observe the same rule of conduct towards New-Jersey, as towards other colonies:

That it be notified to the convention of Virginia, that the Congress are willing to take into, continental possession, the forts at the mouths of Wheeling and the Great Kanhaway, and the fort at Pittsburg, now in possession of that colony; and also to receive, on the continental establishment, the garrisons in these forts, if the said convention shall desire it.

The marine committee reported, that in pursuance of the order of Congress, they have called before them, divers of the inferior officers, belonging to the ships Alfred and Columbus, and having heard their complaints against the captains, Saltonstal and Whipple, in their presence, are of opinion, that the charge against captain Saltonstal does not appear to the committee to be well founded, and that the charge against captain Whipple amounts to nothing more than a rough, indelicate mode of behaviour to his marine officers; Whereupon,

Resolved, That the marine committee be directed to order the captains, Saltonstal and Whipple, to repair to their respective commands; and that it be recommended to captain Whipple to cultivate harmony with his officers.

Dr. Franklin, one of the commissioners to Canada, laid before Congress an account of his expenditures:

Resolved, That the same be referred to the board of treasury.

The president acquainted Congress, that last evening, information was given to him, of a conspiracy or plot carrying on for liberating the prisoners in the gaol of Philadelphia, and other evil designs; Whereupon,

Resolved, That a committee of five be appointed, and that they, together with the president, be directed to make strict enquiry into the truth of the matter; and, if they find the information well grounded, to take such steps as they shall judge prudent and effectual, for defeating the machinations of the conspirators; and, in case of necessity, to call upon the brigadier-general, or commanding officer of the associators, for the aid of the military:

The members chosen, Mr. Jefferson, Mr. Stockton, Mr. Gwinnett, Mr. Morris, and Mr. Wilson.

A letter from Mr. Mease was laid before Congress and read; Whereupon, Resolved, That an order for 40,000 dollars be drawn on the treasurers, in favour of Mr. Mease, to enable him to advance a month's pay to the military associators of Pennsylvania, ordered into New-Jersey, and to those who engage to form the flying-camp; he to be accountable.

The committee of claims reported, that there is due,

To Thomas Amor, for boarding general Lee's guard the sum of 54 22-90 dollars:

To colonel Nelson, for expenses of an express, the sum of 4 84-90 dollars: To Casper Miller, for provisions, &c. for general Lee's guard, the sum of 33 27-90 dollars:

To Thomas Dundas for rifles supplied colonel Irwine's battalion, the sum of 31378-90 dollars and that the same ought to be charged to said battalion :

To Joseph Hewes, esq. for expenses paid for the carriage, guard, &c. of powder, to North-Carolina, the sum of 660 34-90 dollars :

To Timothy Matlack, on account, 200 dollars:

To William Trickett, for stationary, the sum of 204 51-90 dollars:
Ordered, That the said accounts be paid.

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The committee, to whom the letter from John Macpherson, of the 31st of May, was referred, reported,

That they have examined Mr. Macpherson, respecting the contents of his letter, who alleged, that he had a promise of being appointed commander in chief of the American navy, by Messrs. Randolph, Hopkins and J. Rutledge, a committee of Congress to whom he communicated an important secret, but that he produed no evidence in support of such allegation; that they enquired of Mr. Hopkins about this promise, in the presence of Mr. Macpherson, and that Mr. Hopkins declared he recollected nothing of the kind: Whereupon, Resolved, That the application and request of Mr Macpherson is unreasonable. Adjourned to nine o'clock to-morrow.

FRIDAY, July 12, 1776.

Sundry letters were laid before Congress, and read, viz.
One of the 11th, from brigadier-general Wooster:
One from Mrs. Conolly, and

One of the 10th, from the convention of New-Jersey:
Resolved, That the last be referred to the board of war.

Resolved, That the committee appointed, on the 8th of May last, on the instructions given to commodore Hopkins, be discharged; and that the matters. to them referred, be committed to the marine committee, who are invested with the same powers as the committee, now discharged, were at their appointment; and that the said marine committee be directed to proceed to enquire, as well how far the said commodore has complied with the instructions given him by the naval committee, as into the complaints reported by the marine committee on the 13th of June, to have been exhibited against him.

The committee appointed to examine the claims of Mr. Charles Walker, for the hire and expenses of his sloop Endeavour, and the damages he has sustained, in consequence of her being taken into the service of the United Colonies, and brought from New-Providence to New-London by commodore Hopkins, brought in their report, which was taken into consideration; Where

upon,

Resolved, That the said sloop Endeavour be restored to the said Charles Walker, with all her stores and materials, as she came from sea, and now lies at New-London:

That the sum of two thousand dollars be paid to the said Charles Walker, for the hire of her, and in lieu of all losses, damages, premiums of insurance, and expenses whatever:

That the said Charles Walker be permitted to invest the balance of the said 2000 dollars, or what remains, after defraying his expenses, and paying for the repairs of the out-fit of his vessel, in produce, and export the same.

The committee appointed to prepare articles of confederation brought in a draught, which was read:

Ordered, That eighty copies, and no more, of thederation, as brought in by the committee, be immediately printed, and depote with the secretary, who shall deliver one copy to each member:

That the printer be under oath to deliver all the copies, which he shall print, together with the copy-sheet, to the secretary, and not to disclose either directly or indirectly, the contents of the said confederation :

That no member furnish any person with his copy, or take any steps by which the said confederation may be re-printed, and that the secretary be under the like injunction.

The committee appointed to take into consideration the memorial of the dis rector-general of the American hospital, brought in their report, which was read :