Philadelphia, February 20, 1782.

    Sir: Since my letter to your Excellency of the 18th. Instt. I have been honored with the public and secret Resolves of Congress of the same date, the first empowering me to appoint Commissioners for the purposes therein mentioned, the last prohibiting the exchange of Lieutt. General Lord Cornwallis by composition, which is the only mode by which he can be exchanged, except for a Civil Character, we having no Military Grade answerable to his.

    I find myself so exceedingly embarrassed by the operation of the Secret Resolve, that I hope Congress will excuse me for pointing out the difficulties in which it involves me personally, and the manner in which it affects, as I conceive, the public good. By the public resolve all former restrictions are taken off and I am at liberty to go into a general exchange without limitation. When it therefore shall be found that Lord Cornwallis is still detained, those Officers of ours (particularly our full Colonels most of whom can only be exchanged on composition) who will be sufferers on that account will naturally apply to me for the reasons; I must either submit to their opinions on a conduct so apparently strange, or to justify myself must be under the necessity of betraying a secret vote of Congress. ⁹

[Note:The resolve of Feb. 18, 1782, authorized the Commander in Chief to negotiate a general exchange of all prisoners, the settlement of subsistence accounts, and every other disputed point; but the secret resolve provided "That nothing contained in the resolution of this date…be construed to authorize the exchange of Lieutenant General Cornwallis by composition." (See the Journals of the Continental Congress , Feb. 18, and also Feb. 23, 1782.) ]

    In order more clearly to point out the Manner in which the secret resolve, if adhered to, will operate against the public interest, I must beg leave to request the attention of Congress to a short recital of the reasons which induced me at this particular time to propose a meeting of Commissioners to the British Commander in Chief. On my return from Virginia the Superintendant of Finance informed me, that the Subsistence of the Prisoners of War had now become so serious a matter that there was an absolute necessity of endeavouring to obtain payment of the Money already due to us upon that account, and at all events to fix upon some certain and regular mode of payment for their maintenance in future. In order to effect these, he advised my making propositions to Sir Henry Clinton to appoint Commissioners not only to liquidate the Accounts of prisoners but to endeavour, by the establishment of a permanent Cartel, (a Matter which we have never yet been able to obtain) to adjust a number of points relating to the exchanges and accommodation of Prisoners and for want of which individuals, as well Subjects of the United States as those of Great Britain, are daily Suffering.

    Sir Henry Clinton (after several letters had passed upon the Subject) acceeded to the proposition in the most extensive Sense. Commissioners were named, and I only waited for the Authority of Congress to enable me to invest the Commissioners on our part with proper powers. This, by the public resolve of the 18th, is amply granted, but by the Subsequent Secret resolve in a manner done away. The powers of our Commissioners can only have reference to the public resolve, and whatever stipulations are entered into, will be upon a confidence, that no further obstructions will be thrown in the way. The exchange of Lord Cornwallis (as heretofore) would be one of the first things demanded, and should that be rejected, as it must be, the enemy would not only have it in their power to tax us with a breach of faith, but they might recede in turn from any part of their agreements, and it is to be feared that they would pitch upon that respecting the payment of the maintenance of their Prisoners, as it will be a weighty matter to them, and one which they can evade with less inconvenience than almost any other, as we have a very great number of theirs to Support and they few of ours. In addition to what I have said, I have only further to remark that the Gentlemen who have been named by me to execute the Commission, have objection to going upon it, except they can meet those from the British on fair and open terms. This can only be done, either by withdrawing the secret vote entirely, or by adhering publicly to the resolution of detaining Lord Cornwallis, and trying what can be effected under such circumstances. The last would remove my personal scruples (if it should not be deemed a violation of the Capitulation) but I fear, as I before mentioned, that the general interest would suffer by the Measure. We never can expect that such a Cartel as will be really beneficial to us will be acceded to while an Officer of Lord Cornwallis's high rank and Family influence is excepted, or indeed while a power is reserved or implied of being able to deprive of the right of exchange any other Officer who may hereafter, as a Prisoner of War become intitled to the advantages of a stipulation of such a nature as a Cartel.