The Online Library of Liberty

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• Correspondence and Miscellaneous Writings 1760–1774 Continued
• 1771 - to Thomas Adams 1
• To James Ogilvie 1
• “ Inscription For an African Slave ” 1
• Agreement With John Randolph 2
• To Inglis and Long, Merchants At Portsmouth 1
• To Thomas Adams 1
• To Robert Skipwith
• Argument In Godwin Et Al. Vs. Lunan 1
• 1772 - to Messrs. Inglis and Long, Merchants At Portsmouth 1
• 1773 - to Chas. Mcpherson 1
• To William Fleming 1
• Advertisement In “virginia Gazette”
• Advertisement In “virginia Gazette”
• Advertisement In “virginia Gazette”
• 1774 - Notice of Fast 1
• Resolution of Albemarle County 2
• Proposed Arms For the United States 1
• A Summary View of the Rights of British America. Set Forth In Some Resolutions
• “ Defects In the Association ” 1
• To Archibald Cary and Benjamin Harrison
• 1775 - Motion In Convention of Virginia 1
• Draft of a Resolution of the Virginia Convention 1
• To Dr. William Small 1
• Address to Governor Dunmore From the House of Burgesses 1
• To Francis Eppes 1
• To Francis Eppes 1
• Drafts of Declaration On Taking Up Arms 1
• First Draft
• Second Draft
• Draft of Report On Lord North’s Motion 2
• To John Randolph 1
• To Francis Eppes 1
• To Francis Eppes 1
• To John Page 1
• To Francis Eppes 2
• To Francis Eppes 1
• To John Randolph 2
• Declaration Concerning Ethan Allen 1
• To John Page 1
• Report to Congress On Congress Committee 1
• 1776 - to Thomas Nelson 1
• Report of Committee On Canadian Affairs 1
• Proposed Constitution For Virginia 1
• First Draft
• Fair Copy
• Report On Cedars Cartel 1
• Report On Canadian Affairs 1
• To William Fleming 1
• Declaration of Independence 1
• First Draft
• Reported Draft
• Engrossed Copy
• To Richard Henry Lee 1
• To George Wythe 1
• Notes of Rules For Continental Congress. 1
• To Edmund Pendleton 2
• Resolution For Rotation of Members of Continental Congress 1
• To Francis Eppes 1
• To the Pennsylvania Convention 1
• Notes On Virginia-pennsylvania Boundary
• To the Governor of Virginia 1 (patrick Henry)
• To Col. Fielding Lewis
• To John Page 2
• To Francis Eppes 1
• To John Page 1
• To Francis Eppes 1
• To — 1
• To John Page 1
• Resolution to Encourage Desertions of Hessian Officers 1
• Resolutions On Peace Propositions 1
• To the President of the Continental Congress 1 (john Hancock)
• Notes On Religion 1
• Draft of Bill to Abolish Entails. 1
• Amendments to Bill to Abolish Entails 1
• Draft of a Bill to Remove Seat of Government 1
• Draft of a Bill For Raising Six Additional Battalions of Infantry On the Continental Establishment 1
• Draft of a Bill Establishing County Courts 1
• Draft of a Bill For Altering Rates of Copper Coin 1
• Report On Upshur 2
• A Bill For the Trial of Offences Committed Out of This Commonwealth.
• Draft of a Bill For Suspending Executions For Debt 1
• 1777 - Draft of a Bill For Providing Against Invasions and Insurrections 1
• Draft of a Bill For Regulating the Appointment of Delegates to General Congress 1
• To John Adams 1
• To Benjamin Franklin 1
• To John Adams
• First Report of Conference Committee 1
• 1778 - Second Report of Conference Committee
• Draft of a Bill Giving Certain Powers to the Executive 1
• Draft of Bill Designating Places For Holding Courts of Chancery and General Court 1
• A Bill Granting Free Pardon to Certain Offenders 1
• A Bill For the Speedy Recovery of Debts Due the United States 1
• Draft of a Bill For Providing a Supply For the Public Exigencies 1
• A Bill to Amend an Act Intitled “an Act For Raising a Supply of Money For Public Exigencies” 1
• Draft of Bill of Attainder Against Josiah Philips 1
• To Richard Henry Lee 1
• To —
• Resolutions Concerning Peace With England 1
• To Rev. Samuel Henley 1
• To David Rittenhouse 1
• A Bill For Giving the Members of the Assembly an Adequate Allowance 1
• 1779 - to George Wythe
• To the Governor of Virginia. (patrick Henry)
• To Richard Henry Lee 1
• To Gabriel Jones 1
• A Bill Concerning Escheats and Forfeitures From British Subjects 2
• Speech to General Assembly 1
• To John Page 1
• To William Fleming 1
• To Theodorick Bland, Jr. 1
• To Richard Henry Lee 1
• To Theodorick Bland, Jr. 1
• Report of the Revisors
• A Bill For Withholding British Property (chapter Xxxvi 1 )
• A Bill Concerning Slaves (chapter Li 1 )
• A Bill For Proportioning Crimes and Punishments (chapter Lxiv 1 )
• A Bill For the More General Diffusion of Knowledge (chapter Lxxix)
• A Bill For the Amending the Constitution of the College of William and Mary (chapter Lxxx)
• A Bill For Establishing a Public Library (chapter Lxxxi)
• A Bill For Establishing Religious Freedom 1 (chapter Lxxxii)
• To General Washington
• To the President of Congress (john Jay)
• Proclamation Concerning Escheats
• To General Baron De Riedesel 1
• To General Washington
• To the Governor of Canada (sir Guy Carleton)
• To Col. William Fleming 1
• To the County Lieutenant of Hampshire 1
• To the President of Congress (john Jay)
• To General Washington
• To General Washington
• To General Washington
• To Colonel George Mathews 1
• To the Speaker of the House of Delegates (benjamin Harrison)
• To the Speaker of the House of Delegates (benjamin Harrison)
• To the Speaker of the House of Delegates (benjamin Harrison)
• To the French Minister 1 ( Chevalier De La Luzerne )
• To the Governor of North Carolina 1 ( Richard Caswell )
• To the President of Congress (samuel Huntington)
• To General Washington
• Proclamation Laying Embargo
• To the President of Congress (samuel Huntington)
• To General Washington
• To the Speaker of the House of Delegates (benjamin Harrison)
• To the President of Congress (samuel Huntington)

report on cedars cartel1

c. c.

[June 17, 1776.]

The Committee to whom were re-committed the Cartel between Brigadier General Arnold & captain Forster for the exchange of prisoners & the several papers relating thereto have had the same under their consideration and agreed to the following report.

Your committee having proceeded to make enquiry into the facts relating to the agreement entered into at St. Anne’s between Brigadier General Arnold & Capt. Forster, find a part of them well authenticated and others not, yet being apprehensive that silence on the part of Congress may be construed by some into a ratification of the said agreement they have thought it best to state the same as they appear at present, with such resolutions as they will justify if found true, reserving final decision till the whole truth shall be accurately enquired into & transmitted to Congress.

Your Committee on the best information they have been able to obtain find:

That on the 24th day of May last a party of the enemy consisting as is said of about 600 men under the command of capt. Forster attacked a post at the Cedars held by a garrison of 350 Con[tinental for]ces, then under the command of Major Butterfield.

That the said post was secured by a Stoc[kade of wood?] to cover the garrison from the enemy’s musquetry, that there were mounted therein two field pieces, & that the enemy had no cannon.

That the said garrison had ammunition & provisions sufficient to have lasted them ten days, that they had reason to expect immediate reinforcements in a few days,1 which on a requisition from themselves, was actually on it’s way from Montreal, and moreover were so near the main body of the army that they could not doubt being joined by detachments from thence sufficient to oblige the enemy to retire.

That the enemy for two days kept up only a scattering fire, by which not a single man of the garrison was killed or wounded, & that on the third day the garrison surrendered themselves prisoners of war having capitulated for the preservation of their own baggage from plunder, & that their persons should not be deliver’d into the hands of the savages.1

That the enemy broke the capitulation utterly & immediately on their part. Plundering the garrison of their baggage & stripping the cloathes from their backs, & Delivering the Prisoners into the hands of the Savages.1

That they then proceeded against the reinforcement which was on it’s way consisting of about 150 men under the command of Major Sherburne, that Major Sherburne & his party engaged & fought them with bravery; but being at length surrounded by numbers greatly superior and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also; but whether on capitulation or not your committee are not informed.

That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks & drowning the other; and left divers others exposed on an island naked and perishing with cold & famine.

That by this time Brigadier General Arnold who had been detached by Major General Thomas to relieve the fort at the Cedars, approached & was making dispositions to attack the enemy.

That capt. Forster, thereupon notified1 General Arnold, that if he attacked him, the prisoners, then 500 in number, would every man of them be put to death; & proposing at the same time an exchange of [torn out.]

Arnold was extremely averse to entering on any agreement of that kind, & was at length induced to do it by no other motive than that of saving the prisoners from cruel & inhuman death, threatened in such terms as left no doubt it was to be perpetrated.

That agreement was thereupon entered into between Brigadr. Genl. Arnold & capt. Forster, bearing date at St. Anne’s, on the 27th day of May, whereby the s̃d Forster stipulated that he would deliver up all the said prisoners except such as were1 Canadians, to Genl. Arnold; who agreed on the other part that so many of equal rank & condition should be returned to the enemy of those taken by our arms on former occasions. That the prisoners so stipulated to be given up to the enemy were not in the possession of Genl. Arnold, nor under his direction but were at that time distributed through various parts of the continent under the orders of this house.

That capt. Forster in violation of this agreement also detained a considerable number of the prisoners he had thus stipulated to deliver, & sent them into the Indian countries for purposes unknown.

Whereupon your Committee have come to the following resolutions.

Agreed

Resolved that it is the opinion of this Committee that plundering the baggage of the garrison at the Cedars, stripping them of their clothes, & deliverg the Prisonr into ye hands of the Savages1 was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded.

Agreed

Resolved that the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature & nations, for which satisfaction should be made by the enemy by delivering into our hands either captain Forster or the individuals concerned in committing the murder.

Agreed

Resolved that the agreement entered into at St. Anne’s was a mere sponsion on the part of Brigadr. Genl. Arnold, he not being invested with the powers for the absolute disposal of the Continental prisoners in general; and that therefore it is subject to be ratified or annulled at the discretion of this house, the sole representative of the United Colonies.2

Resolved that it is the opinion of this committee that Major Sherburne & his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified & confirmed by this house; & that an equal number of captives from the enemy, of the same rank & condition should be restored to them as stipulated by the said sponsion.

Resolved that [torn out] opinion of this com. [torn out] the said sponsion as relates to the exchange of Major Butterfield & the garrison surrendering with him, ought not to be ratified: because we should redeem none but those who will fight, and because too the said sponsion excepted the Canadian prisoners, & we will in no case admit a distinction of countries among men fighting in the same cause.

Resolved therefore that the said Major Butterfield & garrison should still be considered as prisoners of war, appertaining to the enemy; but as by the actual murder of two of the prisoners & the threats at St. Anne’s to put the others to death, the enemy are found capable of destroying their captives, the s̃d prisoners ought not to be put into their hands, but should be permitted to remain in their own country; that in the meantime they shall not bear arms nor otherwise act against the enemy, but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, & to hold themselves subject to be recalled by the enemy whenever proper security shall have been given that their lives shall be safe.

Resolved that previous to the delivery of the prisoners to be returned in lieu of majr. Sherburne & those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners by delivering into our hands capt. Forster, or the individuals concerned in perpetrating that horrid act; and likewise restitution for the plunder at the Cedars taken contrary to the faith of the capitulation; and that till such satisfaction & restitution be made, the said prisoners be not delivered.

Resolved that it is the opinion of this committee that if the enemy shall put to death, torture, or otherwise ill treat any of the hostages in their hands, or of the Canadian, or other prisoners captivated by them in the service of the United colonies, recourse must be had to retaliation as the sole means of stopping the progress of human butchery, & that for that purpose punishments of the same kind & degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.

Resolved that it is the opinion of this committee, that a copy of this report be transmitted to the Commander in chief of the Continental forces in Canada, to be by him sent to the British commander there; and that he moreover make further & diligent [torn out] into the facts therein stated, & such others as may [torn out] same subject & rel [torn out] same duly authenticated [torn out] possible despatch [torn out] for their final decision, & that in the meantime the prisoners delivered up by the enemy abstain from bearing arms or otherwise acting against them.1

[1 ]On June 16th Congress referred this matter to Jefferson, Braxton, Paine, and Middleton. They made this report on June 17th, when it was read and laid on the table. On June 24th it was recommitted, and again reported to the Congress on July 10th, when it passed in a much modified form. Cf. Journals of Congress, ii., 256.

[1 ]Words in italics not in Jefferson’s handwriting.

[1 ]Words in italics not in Jefferson’s handwriting.

[1 ]Words in italics not in Jefferson’s handwriting.

[1 ]Words in italics not in Jefferson’s handwriting.

[1 ]Words in italics not in Jefferson’s handwriting.

[1 ]Words in italics not in Jefferson’s handwriting.

[2 ]Here Jefferson had written “States of America” which has been stricken out by another hand and “Colonies” written in its place.

[1 ]Endorsed: “Report of the Comte. on the capitulation entered into between genl Arnold & capt. Forster. No. 1 brot. in June 17, 1776, read & ordered to lie on the table, recommitted June 24, 1776, passed July 10.”