“The complaints of the very cruel treatment our Prisoners met with in the Enemy’s lines rose to such a Heighth that in the Fall of this Year, 1777 the General wrote to General Howe or Clinton reciting their complaints and proposing to send an Officer into New York to examine into the truth of them. This was agreed to, and a regular pass-port returned accordingly. The General ordered me on this service. I accordingly went over on the 3rd of Feb. 1778, in my own Sloop.”

The Commandant at this time was General Robertson, by whom Boudinot was very well treated, and allowed, in company with a British officer, to visit the prisons. He continues: “Accordingly I went to the Provost with the Officer, where we found near thirty Officers from Colonels downwards, in close confinement in the Gaol in New York. After some conversation with the late Ethan Allen, I told him my errand, on which he was very free in his abuse of the British. *** We then proceeded upstairs to the Room of their Confinement. I had the Officers drawn up in a Ring and informed them of my mission, that I was determined to hear nothing in secret. That I therefore hoped they would each of them in their turn report to me faithfully and candidly the Treatment they severally had received,—that my design was to obtain them the proper redress, but if they kept back anything from an improper fear of their keepers, they would have themselves only to blame for their want of immediate redress. That for the purpose of their deliverance the British officer attended. That the British General should be also well informed of the Facts. On this, after some little hesitation from a dread of their keeper, the Provost Martial, one of them began and informed us that * * * some had been confined in the Dungeon for a night to await the leisure of the General to examine them and forgot for months; for being Committee men, &c, &c. That they had received the most cruel Treatment from the Provost Martial, being locked up in the Dungeon on the most trifling pretences, such as asking for more water to drink on a hot day than usual—for sitting up a little longer in the Evening than orders allowed—for writing a letter to the General making their Complaints of ill-usage and throwing (it) out of the Windows. That some of them were kept ten, twelve, and fourteen weeks in the Dungeon on these trifling Pretenses. A Captain Vandyke had been confined eighteen months for being concerned in setting fire to the City, When, on my calling for the Provost Books, it appeared that he had been made Prisoner and closely confined in the Provost four days before the fire happened. A Major Paine had been confined eleven months for killing a Captain Campbell in the Engagement when he was taken Prisoner, when on examination it appeared that the Captain had been killed in another part of the Action. The charge was that Major Paine when taken had no commission, though acknowledged by us as a Major.

“Most of the cases examined into turned out wholly false or too trifling to be regarded. It also appeared by the Declaration of some of the Gentlemen that their water would be sometimes, as the Caprice of the Provost Martial led him, brought up to them in the tubs they used in their Rooms, and when the weather was so hot that they must drink or perish. On hearing a number of these instances of Cruelty, I asked who was the Author of them—they answered the provost keeper—I desired the Officer to call him up that we might have him face to face. He accordingly came in, and on being informed of what had passed, he was asked if the complaints were true. He, with great Insolence answered that every word was true—on which the British Officer, abusing him very much, asked him how he dared to treat Gentlemen in that cruel Manner. He, insolently putting his hands to his side, swore that he was as absolute there as General Howe was at the head of his Army. I observed to the Officer that now there could be no dispute about Facts, as the fellow had acknowledged every word to be true. I stated all the Facts in substance and waited again on General Robertson, who hoped I was quite satisfied with the falsity of the reports I had heard. I then stated to him the Facts and assured him that they turned out worse than anything we had heard. On his hesitating as to the truth of this assertion—I observed to him the propriety of having an Officer with me, to whom I now appealed for the truth of the Facts. He being present confirmed them—on which the General expressed great dissatisfaction, and promised that the Author of them should be punished. I insisted that the Officers should be discharged from his Power on Parole on Long Island, as other Officers were—To this after receiving from me a copy of the Facts I had taken down, he assented, & all were discharged except seven, who were detained some time before I could obtain their release. I forgot to mention that one Officer, Lieutenant—was taken Prisoner and brought in with a wound through the leg. He was sent to the Provost to be examined, next night he was put into the Dungeon and remained there ten weeks, totally forgotten by the General, and never had his wound dressed except as he washed it with a little Rum and Water given to him by the Centinels, through the—hole out of their own rations. Captain—and a Captain Chatham were confined with them and their allowance was four pounds hard spoiled Biscuit, and two pounds Pork per week, which they were obliged to eat raw. While they were thus confined for the slightest Complaints, the Provost Martial would come down and beat them unmercifully with a Rattan, and Knock them down with his fist. After this I visited two Hospitals of our Sick Prisoners, and the Sugar House:—in the two first were 211 Prisoners, and in the last about 190. They acknowledged that for about two months past they fared pretty well, being allowed two pounds of good Beef and a proportion of flour or Bread per week, by Mr. Lewis, My Agent, over and above the allowance received from the British, which was professed to be two thirds allowance; but before they had suffered much from the small allowance they had received, and and that their Bread was very bad, being mostly biscuit, but that the British soldiers made the same complaint as to the bread. From every account I received I found that their treatment had been greatly changed for the better within a few months past, except at the Provost. They all agreed that previous to the capture of General Burgoyne, and for some time after, Their treatment had been cruel beyond measure. That the Prisoners in the French church, amounting on an average to three or four hundred, could not all lay down at once, that from the 15th October to the first January they never received a single stick of wood, and that for the most part they eat their Pork Raw, when the Pews and Door, and Wood on Facings failed them for fuel.

“But as to my own personal knowledge I found General Robertson very ready to agree to every measure for alleviating the miseries of War and very candidly admitted many faults committed by the inferior Officers, and even the mistakes of the General himself, by hearkening to the representations of those around him. He showed me a letter from General Howe who was in Philadelphia, giving orders that we should not be at liberty to purchase blankets within their lines, and containing a copy of an order I had issued that they should not purchase provisions within ours, by way of retaliation, but he represented it as if my order was first. I stated the facts to General Robertson, who assured me that General Howe had been imposed upon, and requested me to state the facts by way of letter, when he immediately wrote to General Howe, urging the propriety of reversing his orders, which afterwards he did in a very hypocritical manner as will appear hereafter.”

It does not seem that Cunningham was very seriously punished. It is probable that he was sent away from New York to Philadelphia, then in the hands of General Howe. Cunningham was Provost Marshal in that city during the British occupancy, where his cruelties were, if possible, more astrocious than ever before.

Dr. Albigense Waldo was a surgeon in the American army at Valley Forge, and he declares in his Journal concerning the prisoners in Philadelphia that “the British did not knock the prisoners in the head, or burn them with torches, or flay them alive, or dismember them as savages do, but they starved them slowly in a large and prosperous city. One of these unhappy men, driven to the last extreme of hunger, is said to have gnawed his own fingers to the first joint from the hand, before he expired. Others ate the mortar and stone which they chipped from the prison walls, while some were found with bits of wood and clay in their mouths, which in their death agonies they had sucked to find nourishment.” [Footnote: This account is quoted by Mr. Bolton in a recent book called “The Private Soldier under Washington,” a valuable contribution to American history.]

Boudinot has something to say about these wretched sufferers in the City of Brotherly Love during the months of January and February, 1778. “Various Reports having reached us with regard to the Extreme Sufferings of our Prisoners in Philadelphia, I was directed by the Commander-in-Chief to make particular inquiry into the truth. After some time I obtained full Information of their Sufferings. It was proved by some Militia of good Character that on being taken they were put under the care of the General’s Guard, and kept four or five days without the least food. That on the fifth day they were taken into the Provost, where a small quantity of Raw Pork was given to them. One of their number seized and devoured it with so much eagerness that he dropped down dead:—that the Provost Martial used to sell their provisions and leave them to starve, as he did their Allowance of Wood. I received information from a British Officer who confided in my integrity, that he happened in the Provost just at the time the Provost Martial was locking up the Prisoners. He had ordered them from the Yard into the House. Some of them being ill with the Dysentery could scarcely walk, and for not coming faster he would beat them with his Rattan. One being delayed longer than the rest. On his coming up Cunningham gave him a blow with one of the large Keys of the Goal which killed him on the Spot. The Officer, exceedingly affected with the sight, went next day and lodged a formal Complaint of the Murder with General Howe’s Aid. After waiting some days, and not discovering any measures taken for the tryal of Cunningham, he again went to head quarters and requested to see the General, but was refused. He repeated his Complaint to his Aid, and told him if this passed unpunished it would become disreputable to wear a British uniform. No notice being taken the Officer determined to furnish me privately with the means of proof of the Facts, so that General Washington might remonstrate to General Howe on the subject:—I reported them with the other testimony I had collected to General Washington. He accordingly wrote in pretty strong Terms to General Howe and fixed a day, when if he did not receive a satisfactory answer, he would retaliate on the prisoners in his Custody. On the day he received an answer from General Howe, acknowledging that, on Examination he found that Cunningham had sold the Prisoners’ rations publicly in the Market. That he had therefor removed him from the Charge of the Prisoners and appointed Mr. Henry H. Ferguson in his place. This gave us great pleasure as we knew Mr. Ferguson to be a Gentleman of Character and great Humanity, and the issue justified our expectations. But to our great surprise Mr. Cunningham was only removed from the Charge of the Prisons in Philadelphia, and sent to that of New York. Soon after this great complaints being made of our Prisoners being likely to perish for want of Cloathing and Blankets, having been mostly stripped and robbed of their Cloaths when taken, application was made for permission to purchase (with the provisions which the British wanted,) Blankets and cloathing, which should be used only by the Prisoners while in Confinement. This was agreed to, as we were informed by our own Agent as well as by the British Commissioner. Provisions were accordingly attempted to be sent in, when General Howe pretending to ignorance in the business, forbid the provisions to be admitted, or the Blankets to be purchased. On this I gave notice to the British Commissary that after a certain day they must provide food for their prisoners south west of New Jersey, and to be sent in from their lines, as they should no longer be allowed to purchase provisions with us. The line drawn arose from our being at liberty to purchase in New York. This made a great noise, when General Howe on receiving General Robertson’s letter from New York before mentioned, urging the propriety of the measures, issued an order that every Person in Philadelphia, who had a Blanket to sell or to spare should bring them into the King’s Stores. When this was done he then gave my Agent permission to purchase Blankets and Cloathing, in the City of Philadelphia. On my Agent attempting it he found every Blanket in the City purchased by the Agents for the Army, so that not a Blanket could be had. My Agent knowing the necessities of our Prisoners, immediately employed persons in every part of the city and before General Howe could discover his own omission, purchased up every piece of flannel he could meet with, and made it up into a kind of Blanket, which answered our purpose.”

Wherever General Howe and Cunningham were together, either in New York or in Philadelphia, the most atrocious cruelties were inflicted upon the American prisoners in their power, and yet some have endeavoured to excuse General Howe, on what grounds it is difficult to determine. It has been said that Cunningham acted on higher authority than any in America, and that Howe in vain endeavored to mitigate the sufferings of the prisoners. This, however, is not easy of belief. Howe must at least have wilfully blinded himself to the wicked and murderous violence of his subordinate. It was his duty to know how the prisoners at his mercy fared, and not to employ murderers to destroy them by the thousands as they were destroyed in the prisons of New York and Philadelphia.

Oliver Bunce, in His “Romance of the Revolution,” thus speaks of the inhumanity of Cunningham.

“But of all atrocities those committed in the prisons and prison ships of New York are the most execrable, and indeed there is nothing in history to excel the barbarities there inflicted. Twelve thousand suffered death by their inhuman, cruel, savage, and barbarous usage on board the filthy and malignant prison ships—adding those who died and were poisoned in the infected prisons in the city a much larger number would be necessary to include all those who suffered by command of British Generals in New York. The scenes enacted in these prisons almost exceed belief. * * * Cunningham, the like of whom, for unpitying, relentless cruelty, the world has not produced, * * * thirsted for blood, and took an eager delight in murder.”