“A very large number of marine prisoners and citizens of these United States taken by the enemy, are now closely confined on board Prison-ships in the harbor of New York.

“That the said Prison-ships are so unequal in size to the number of prisoners, as not to admit of a possibility of preserving life in this warm season of the year, they being crowded together in such a manner as to be in danger of suffocation, as well as exposed to every kind of putrid, pestilential disorder:

“That no circumstances of the enemy’s particular situation can justify this outrage on humanity, it being contrary to the usage and customs of civilizations, thus deliberately to murder their captives in cold blood, as the enemy will not assert that Prison-ships, equal to the number of prisoners, cannot be obtained so as to afford room sufficient for the necessary purposes of life:

“That the enemy do daily improve these distresses to enlist and compel many of our citizens to enter on board their ships of war, and thus to fight against their fellow citizens, and dearest connections.

“That the said Marine prisoners, until they can be exchanged should be supplied with such necessaries of clothing and provisions as can be obtained to mitigate their present sufferings.

“That, therefor, the Commander-in-chief be and he is hereby instructed to remonstrate to the proper officer within the enemy’s lines, on the said unjustifiable treatment of our Marine prisoners, and demand, in the most express terms, to know the reasons of this unnecessary severity towards them; and that the Commander-in-chief transmit such answer as may be received thereon to Congress, that decided measures for due retaliation may be adopted, if a redress of these evils be not immediately given.

“That the Commander-in-chief be and he is hereby also instructed to direct to supply the said prisoners with such provisions and light clothing for their present more comfortable subsistence as may be in his power to obtain, and in such manner as he may judge most advantageous for the United States.”

Accordingly Washington wrote to the officer then commanding at New York, Commodore Affleck, as follows:

Headquarters, August 21 1781

Sir: