Valley Forge, March 7, 1778.
Sir: I take the liberty of transmitting you Copies of three Letters from Genl. Howe of the 14th and 21st Ultimo, and of
[Note:Laurens wrote (March 21) that Washington's letters "of the 7th, 8th and 12th are still in the hands of a Committee from whom may be expected a Special Report respecting the many opprobrious terms and epithets scattered throughout the Papers from Sir William Howe, applied to the good people of these United States and to their Representatives in Congress, which were heard by the House with great Indignation. From expressions of sentiment by Members on all sides, it appears to be the general opinion, that such papers should have been marked with the contempt of an immediate return." This letter is in the President's "Letter Book," Papers of the Continental Congress , No. 13. ]
March 8.
In Consequence of the Letters which have lately passed between Genl. Howe and myself, particularly those of the 5th and 10th Ulto., Copies of which I had the Honor to transmit you in mine of the 8th continued to the 14th, I was about to send Commissioners to meet those appointed by Genl. Howe for adjusting the disputed Points between us; carrying into Execution an Exchange of Prisoners and improving the old Cartel, as far as it might be practicable, for their better Accomodation in future. This Meeting was to be the 10th Inst.; But yesterday Morning, Dunlaps paper of the 4th being put into my Hands, I found that a Resolution had been made the 26th of Febry., calling for all Accounts against Prisoners in our Hands and declaring that no Exchange should take place till the Ballance due thereon to the United States, is discharged. Some of the States are not required to exhibit their Claims till the 1st of June. The Time that would be taken to adjust them
This Resolution I cannot consider as an intended Infraction of my Engagements with General Howe, yet its Operation is diametrically opposite, both to the Spirit and Letter of the Propositions made on my Part and acceded to on his. I supposed myself fully authorized, "by the Instructions and Intentions" of Congress to act as I did, and I now conceive, that the public, as well as my own personal Honor and faith, are pledged for the Performance.
By the Direction of Congress, I, in the first Instance, stipulated with Genl. Howe an Exchange of Prisoners, Officer for Officer of equal Rank. Soldier for Soldier and Citizen for Citizen. This Agreement they have ever approved, and repeatedly declared their Willingness to carry into Execution. Their Resolution of the 24th March last, impowered me, on Condition of General Lee being declared exchangeable; not only "to proceed" to the Exchange of Prisoners, according to the Principles and Regulations of the Cartel before agreed on, but also to enter into such further Principles and Regulations as should appear to me most proper and advantageous. A subsequent Resolution of the 6th of June holds forth the same Language; sanctions my Conduct and Reasonings in the Negotiations about that Time on the Subject, and directs an Adherence to them. No Event has occurred since that Period, by which I could conclude, there was any Alteration in the Views of Congress. So far from it, that all my late Letters, breathing the same Spirit with the former, and pointedly signifying my Wish to bring about a general Exchange, if not with an express, at least, met with a tacit Approbation. Genl. Howe at length, by Profession if not in Reality, is willing to perform the Agreement on the Conditions, required by me and confirmed by them.
It may be said, that with whatever powers I was originally vested to negociate an Exchange, the Resolution of the 19th Decr. last was an Abridgement of them, so far as to annex a new Condition; the Settlement and Payment of Accounts previous to it's taking place. I had no Conception of this being the Case, in the present Instance. However the Letter may warrant the Construction. Besides, the common Principle of preventing the Inconveniences, necessarily resulting from allowing the Enemy to make their Payments in paper Currency, I had reason to imagine, that General Burgoyne's Army was more particularly the Object of the concluding Clause. This Interpretation I the more readily adopted; for, exclusive of the Affairs of that Army, I verily believed, that from the confused, defective State of our Accounts relating to Prisoners, there would be a considerable Ballance in favor of Mr. Howe. Nor was the Situation of our Accounts the only Reason for this Belief. The Prisoners in our Hands, especially those Westward of the Delaware, as I am informed, have been in a great measure supported by their own Labor and at the Expence of the Enemy, who have had Agents constantly among us. If this is the Case, the Reason of the Resolve not applying, the Effect ought not of Course.
But perhaps it may be thought contrary to our Interest to go into an Exchange, as the Enemy would derive more immediate Advantage from it, than we should. This I shall not deny; but it appeared to me, that on Principles of genuine extensive Policy, independant of the Considerations of Compassion and Justice, we were under an Obligation not to elude it. I have the best Evidence, that an Event of this Kind is the general Wish of the Country. I know it to be the Wish of the Army, and no one can doubt, that it is the ardent Wish of the unhappy Sufferers themselves. We need only consult the Tide of Humanity and the Sympathies natural to those connected by the Cements of Blood,
Were an Opinion once to be established, and the Enemy and their Emissaries know very well how to inculcate it, if they are furnished with a plausible Pretext, that we designedly avoided an Exchange, it would be a Cause of Dissatisfaction and Disgust to the Country and to the Army; of Resentment and Desperation to our captive Officers and Soldiers. To say nothing of the Importance of not hazarding our national Character, but upon the most solid Grounds, especially in our Embryo-state, from the Influence it may have on our Affairs abroad; it may not be a little dangerous, to beget in the minds of our own Countrymen, a Suspicion that we do not pay the strictest Observance to the Maxims of Honor and good Faith. It is prudent to use the greatest Caution, not to shock the Notions of general Justice and Humanity, universal among Mankind, as well in a public as a private View: in a Business, on the side of which the Passions are so much concerned as in the Present, Men would be readily disposed to believe the worst and cherish the most unfavourable Conclusions. Were the Letters that have passed between General Howe and myself from first to last and the Proceedings of Congress on the same Subject, to be published with proper Comments, it is much to be feared, if the Exchange should be deferred till the Terms of the last Resolve were
Imputations of this Nature, would have a tendency to unnerve our Operations, by diminishing that Respect and Confidence, which are essential to be placed in those who are at the Head of Affairs, either in the civil or military Line. This, added to the Prospect of hopeless Captivity would be a great Discouragement to the Service. The ill Consequences of both would be immense, by increasing the Causes of Discontent in the Army, which are already too numerous, and many of which are in a great measure unavoidable, by fortifying that unwillingness, which already appears too great, towards entering into the Service, and of Course impeding the progress both of drafting and recruiting, by dejecting the Courage of the Soldiery from an Apprehension of the Horrors of Captivity, and finally by reducing those, whose Lot it is to drink the bitter Cup, to a Despair, which can only find Relief by renouncing their Attachments and engaging with their Captors. These Effects have already been experienced in part from the Obstacles that have hitherto lain in the Way of Exchanges; but if these Obstacles were once to seem the Result of System, they would become tenfold. Nothing has operated more disagreeably upon the Minds of the Militia, than the Fear of Captivity on the Footing it has heretofore stood. What would be their Reasonings, if it should be thought to stand upon a worse.
If a present, temporary Interest is to be a ruling Principle, it is easy to prove, that an Exchange can never take place. The Constitution of our Army in respect to the Term of Service, for which our Men engage, and the Dependence, we are obliged to place on the Militia, must forever operate against us in Exchanges, and forbid an Equality of Advantages. Should it be said there are times, when it might be more peculiarly unequal and injurious, and that the present is such, on account of the weak condition of our Army, I answer, that the Delay necessarily involved, in the previous Negociation on the Subject, in delivering the prisoners from time to time, in small numbers, and receiving others in their Stead, and the Mode of Delivery at different Places, will nearly bring the Matter to the Point we could wish, and give us Leisure to reinforce this Army, if it is to be done at all, so as to obviate, in a great measure, the ill Consequences apprehended. But if the Argument of Interest, on a partial Scale, be pursued as far as it will go, not only the general Consideration thrown out above, but special ones, opposite to every Situation, will present themselves, that we ought not to exchange. Now we ought not, because our Army is weak. When the Season is more advanced and it is Time for the Campaign to open, we ought not, because our Army may be strong, and it will be our Business to avail ourselves of our own Strength and the Enemy's weakness, to strike some decisive Blow. If they by the Protection of their Shipping and impregnable Works, should be able to baffle our Attempts, 'till the Period of Reinforcements from Europe arrive, it will surely then, not be our Interest to add Numbers and Strength to an Enemy already sufficiently numerous and strong. Thus, by a Parity of Reasoning, the golden æera will never come, which is to relieve the Miseries of Captivity, our Service must become odious, those who are out of it will endeavour to keep so, and
If we do not seize the present propitious Moment, when the Necessities of the Enemy, press them to reasonable Terms, to form and establish a liberal Cartel, it is not impossible in the Vicissitudes and Reverses of War, that a Time may come, when we should wish we had embraced it, and Interest may strongly impel the Enemy to decline it, except on the most unequal Conditions. True policy as well as good Faith, in my Opinion, binds us to improve the Occasion.
There are however some Ambiguities in General Howe's Conduct, which require Explanation and ought to put us upon our Guard. I determined to make the Affair of Citizens; viz. to procure an Exemption from Captivity for them if possible, or if not, since it cannot now be demanded as a Matter of Right, to fix their Exchangeability upon the easiest and most unequivocal Foundation, an indispensible Preliminary to any further Procedure, and at the same Time, to secure the Exchange of General Lee and all other Officers who have been the particular Objects of exception.
The Interview intended between General Howe's Commissioners and those on our Part on the 10th Instant is now postponed. 61 I cannot doubt that Congress, in Preservation of the public Faith and my personal Honor, will remove all Impediments that now oppose themselves to my Engagements, and that they will authorize me, through Commissioners appointed for the Purpose, to negotiate a more extensive and competent Cartel, upon such Principles as may appear advantageous and
[Note:Howe wrote (March 24) to Lord George Germain: "The time appointed for the meeting of the commissioners being postponed by General Washington to the 31st of this month, without assigning any satisfactory reason, leads me to believe that neither he, nor those under whose authority he acts, are sincere in their professions to carry an exchange into execution at this time." ]
I persuade myself, that the Freedom I have taken in delivering my Sentiments so fully upon this Occasion, will readily be excused; as it proceeded from a Desire to place the Motives of my Conduct in a just point of View, and from an Opinion of Duty that led me to a free Discussion of a Subject, which, considered in all its Lights, will appear to comprehend Consequences of the first Delicacy and Magnitude. I have the honor etc. 62
[Note:The letter was read in Congress on March 16 and referred to a committee of three: Francis Lightfoot Lee, John Henry, and Samuel Huntington. On March 18 Congress resolved "that General Washington be authorized and empowered to proceed to the exchange of such prisoners as are now in the power of the enemy, without waiting for the settlement of the accounts aforesaid." ]