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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --WEDNESDAY, JULY 10, 1776
Resolved, That one month's pay be advanced to the militia of Pensylvania, ordered to march to Trenton, the same to be paid after the men are mustered.
That Mr. Mease be directed to deliver to Mr. Biddle, the deputy quarter master general for the flying camp, and militia, such tents, and other articles as he has belonging to the continent, and which may be wanted for the militia and flying camp.
The Board of War brought in a report, which was taken into consideration: Whereupon,
Resolved, That the committee of Lancaster be empowered and directed, to keep a guard over the prisoners, in the barracks of that borough, and to surround the said barracks with a stockade fort:
That the privates who are prisoners in the town of Reading, be removed to the borough of Lancaster.
A letter from Ephraim Anderson was laid before Congress, and read:
Resolved, That the president write to General Washington ∥on the subject,∥ and enclose Mr. Anderson's letter, and that Mr. Anderson be referred to the General.2
[Note 2: 2 This letter is in theLetters to Washington, X, folio 181. Anderson was adjutant to the Second New Jersey Battalion.]
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The committee appointed to draw up rules and orders for the government of this house, brought in their report, which was read:
The Committee appointed to draw up Rules and Orders for the Government of this Housebeg Leave to report as their Opinion have agreed to the following report:
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[Note 1: 1 To this point the report is in the writing of Robert Treat Paine.]
[Note 2: 2 These paragraphs are in the writing of Thomas Jefferson.]
I.The roll of the house shall be called over by the secretary every day withinminutes after the hour to which it was adjourned, before any other thing is done in Congress; and all absentees without leave shall be noted on the roll by the Secretary, and a copy of se much of the said roll as relates to any one colony shall be sent to the Convention or assembly of such colony once in every three months.2
1. That so soon as nine Colonies are present in the House the House the Congress proceed to Business.3
[Note 3: 3 This paragraph is in the writing of John Hancock. The report is in thePapers of the Continental Congress, No. 23, folio 19. The numbering of the paragraphs was done between the submission of the report and the acceptance of the rules, which are printed July 17, post. In theWritings of Jefferson (Ford), II, 60, are printed what are believed to be Jefferson's rough notes of this report. On page 61 of the same volume is a resolution regulating the rotation of delegates to the Continental Congress. It may have been prepared in connection with this report, but no trace of it is discoverable in theJournals.]
Ordered, To lie on the table.
The standing committee for Indian affairs, brought in a report, which was read:
Ordered, To lie on the table.
Resolved, That the committee for providing medicine chests, be directed to furnish Dr. Allison with a set of instruments, and that the director general be directed to supply him with proper medicines.
The committee, to whom the cartel, between Brigadier
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General Arnold and Captain Foster,1 and the several papers thereto relating, were recommitted, brought in their report, which was read as follows:
[Note 1: 1 The proper spelling is Forster.]
That, having made diligent enquiry into the facts, they find, that a party of 390 continental troops, under the command of Colonel Bedel, was posted at the Cedars, about forty three miles above Montreal; that they had there formed some works of defence, the greater part of them picketed lines, the rest a breast work of earth, with two field pieces mounted:
That, on Wednesday the 15 of May, Colonel Bedel received intelligence, that a party of the enemy, consisting of about 600 regulars, Canadians and Indians, were on their way to attack his post, and were then within nine miles of it: that Colonel Bedel, thereon, set out himself for Montreal, to procure a reinforcement; whereupon, the command of the Cedars devolved on Major Butterfield:
That, on Thursday, a reinforcement, under the command of Major Sherburne, marched from Montreal for the Cedars, while a larger detachment should be getting ready to proceed thither with Brigadier General Arnold:
That, on Friday the 17th, the enemy, under the command of Captain Foster, invested the post at the Cedars, and, for two days, kept up a loose, scattering 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
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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 had 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, 30 rounds for one field piece, five for another, half a barrel of gun powder, 15 lbs. 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 Monday the 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 their 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;
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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 in the end 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 1 major, 4 captains, 16 subalterns, and 355 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 12 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 others, natives of the United States, for purposes unknown:
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 bullets. Whereupon,
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The Congress, 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 cloathes, 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
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considerable time, and surrendered at last but on absolute necessity: on which considerations, and on which alone, 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 authors, 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 kinds 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.1
[Note 1: 1 Printed in thePennsylvania Evening Post, 25 July, 1776.]
Adjourned to 9 o'Clock to Morrow.
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