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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 --MONDAY, FEBRUARY 18, 1782
On the report of a committee, consisting of Mr. [Elias] Boudinot, Mr. [Ezekiel] Cornell and Mr. [Samuel] Osgood, to whom was referred a motion of Mr. [Elias] Boudinot, to empower the Commander in Chief to negotiate a cartel or cartels with the enemy for safe keeping, exchanging and better treating of prisoners of war:
The Committee to whom the resolution relating to the confinement of marine prisoners was committed, report the following resolution:
Resolved, That the Commander in Chief be, and he is hereby authorised to negotiate a cartel or cartels, either general or special, with the enemy; stipulating for the subsistance, safe keeping, exchanging, liberating, and better treating of all prisoners of war, whether of land or sea, in such manner, and
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on such terms as he shall judge expedient and beneficial for the United States; and also to include therein all citizens not found in arms, who have been or hereafter shall be captured by either power, so that citizen shall be exchanged for citizen in all cases of their capture to take such measures for the liberation of citizens who have been captured not in arms, as may seem expedient; or to negotiate any seperate treaty concerning such citizens, for the mutual prevention of any future captures' provided such cartel, cartels and agreement, establish rules for the similar treatment of prisoners of war and citizens captured by either power in all cases whatsoever.1
[Note 1: 1 This report, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 28, folio 57.]
That the Commander in Chief be also empowered to take measures for settling all past accounts respecting prisoners, and that all former resolutions relative to the exchange of prisoners by the Commander in Chief be repealed.
Resolved, That nothing contained in the resolution of this date for authorising the Commander in Chief to negotiate a cartel with the enemy be construed to authorise the exchange of Lieutenant General Cornwallis by composition.2
[Note 2: 2 This paragraph, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 28, folio 59.
On this day, according to the indorsement, was read a letter, of the 16th, from Jonas Fay, Ira Allen and Abel Curtis. It is in No. 40, II, folio 251.
Also, a letter of the same date, from Baron d'Arendt. It is in No. 78, VII, folio 445.
Also, a letter of the same date from the Superintendent of Finance. A part of the letter is in No. 137, I, folio 333.]
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