Life and Times of Washington, Volume 2 / Revised, Enlarged, and Enriched

by John Frederick Schroeder; Benson John Lossing

We have had frequent occasion to notice the embarrassments and mortifications to which Washington was subjected by the interference of Congress in those executive matters which should have been left entirely under his own control. This was particularly injurious to the public service in their conduct with respect to the treatment and exchange of prisoners. Much correspondence on this subject took place between Washington and Howe during the winter when the army was at Valley Forge, and whenever the generals were on the eve of arranging an exchange Congress would interfere and prevent it. Washington had been compelled, by his sense of justice and humanity, to censure Howe for his treatment of American prisoners. An order hastily given out by the Board of War exposed Washington himself, without any fault of his own, to a similar censure from Howe. The circumstances, as related by Marshall, were these:

"General Washington had consented that a quartermaster, with a small escort, should come out of Philadelphia, with clothes and other comforts for the prisoners who were in possession of the United States. He had expressly stipulated for their security, and had given them a passport. While they were traveling through the country, information was given to the Board of War that General Howe had refused to permit provisions to be sent in to the American prisoners in Philadelphia by water. This information was not correct. General Howe had only requested that flags should not be sent up or down the river without previous permission obtained from himself. On this information, however, the board ordered Lieutenant-Colonel Smith immediately to seize the officers, though protected by the passport of Washington, their horses, carriages, and the provisions destined for the relief to the British prisoners, and to secure them until further orders, either from the Board or from the Commander-in-Chief.

"Washington, on hearing this circumstance, dispatched one of his aids with orders for the immediate release of the persons and property which had been confined; but the officers refused to proceed on their journey, and returned to Philadelphia. {10}

"This untoward event was much regretted by Washington. In a letter received some time afterwards, Howe, after expressing his willingness that the American prisoners should be visited by deputy commissaries, who should inspect their situation and supply their wants, required, as the condition on which this indulgence should be granted, 'that a similar permit should be allowed to persons appointed by him, which should be accompanied with the assurance of General Washington, that his authority will have sufficient weight to prevent any interruption to their progress, and any insult to their persons.' This demand was ascribed to the treatment to which officers under the protection of his passport had already been exposed.

"Washington lamented the impediment to the exchange of prisoners, which had hitherto appeared to be insuperable, and made repeated but ineffectual efforts to remove it. Howe had uniformly refused to proceed with any cartel unless his right to claim for all the diseased and infirm, whom he had liberated, should be previously admitted.

"At length, after all hope of inducing him to recede from that high ground had been abandoned, he suddenly relinquished it of his own accord, and acceded completely to the proposition of Washington for the meeting of commissioners, in order to settle equitably the number to which he should be entitled for those he had discharged in the preceding winter. This point being adjusted, commissioners were mutually appointed, who were to meet on the 10th of March (1778), at Germantown, to arrange the details of a general cartel.

"Washington had entertained no doubt of his authority to enter into this agreement. On the 4th of March, however, he had the mortification to perceive in a newspaper a resolution of Congress, calling on the several States for the amounts of supplies furnished the prisoners, that they might be adjusted according to the rule of the 10th of December, before the exchange should take place.

"On seeing this embarrassing resolution, Washington addressed a letter to Howe, informing him that particular circumstances had rendered it inconvenient for the American commissioners to attend at the time appointed, and requesting that their meeting should be deferred from the 10th to the 21st of March. The interval was employed in obtaining a repeal of the resolution.

"It would seem probable that the dispositions of Congress, on the subject of an exchange, did not correspond with those of Washington. From the fundamental principle of the military establishment of the United States at its commencement, an exchange of prisoners would necessarily strengthen the British much more than the American army. The war having been carried on by troops raised for short times, aided by militia, the American prisoners, when exchanged, returned to their homes as citizens, while those of the enemy again took the field.

"Washington, who was governed by a policy more just, and more permanently beneficial, addressed himself seriously to Congress, urging as well the injury done the public faith and his own personal honor, by this infraction of a solemn engagement, as the cruelty and impolicy of a system which must cut off forever all hopes of an exchange, and render imprisonment as lasting as the war. He represented in strong terms the effect such a measure must have on the troops on whom they should thereafter be compelled chiefly to rely, and its impression on the friends of those already in captivity. These remonstrances produced the desired effect, and the resolutions were repealed. The commissioners met according to the second appointment; but, on examining their powers, it appeared that those given by Washington were expressed to be in virtue of the authority vested in him, while those given by Howe contained no such declaration. This omission produced an objection on the part of Congress; but Howe refused to change the language, alleging that he designed the treaty to be of a personal nature, founded on the mutual confidence and honor of the contracting generals, and had no intention either to bind his government or to extend the cartel beyond the limits and duration of his own command.