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.

January 26.

While they were travelling 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 General Washington, their horses, carriages, and the provisions destined for the relief of the British prisoners; and to secure them until farther orders, either from the board or from the Commander-in-chief.

General Washington, on hearing this circumstance, despatched 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.[105]

This untoward event was much regretted by the Commander-in-chief. In a letter received some time afterwards, General 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.

General 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. General 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 General 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, commissaries were mutually appointed, who were to meet on the 10th of March, in Germantown, to arrange the details of a general cartel.

March 4.

The Commander-in-chief had entertained no doubt of his authority to enter into this agreement. On the fourth 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, General Washington addressed a letter to Sir William 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 successfully employed in obtaining a repeal of the resolution.