James Madison Papers

Note for Report on Prisoners of War, [29 July] 1782

Note for Report on Prisoners of War

MS (NA: PCC, No. 19, VI, 399).

Editorial Note

Having received Washington’s letter of 9 July enclosing copies of his correspondence with Sir Guy Carleton concerning a possible exchange of American seamen for British soldiers (Virginia Delegates to Harrison, 16 July 1782, and n. 9), Congress on 15 July referred these dispatches to a committee comprising John Witherspoon, JM, and John Rutledge (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 388, n. 3; Fitzpatrick, Writings of Washington description begins John C. Fitzpatrick, ed., The Writings of George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington, 1931–44). description ends , XXIV, 405–6, 441). The report of the committee, delivered on 29 July, is in Rutledge’s hand (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 421–22, 422, n. 1). Although JM wrote the note, given below, on the docket of a committee report of 12 August (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIII, 462), he intended his suggestions to be of service to John Rutledge in drafting his recommendations of 29 July 1782. See n. 4.

[29 July 1782]

Report of the Committee to whom was recommitted the later’s1 report on the letter of General Washington submit the following Resolution for consd.

That the2 Congress have always been & still are ready to concur in a Cartel for an exchange of Prisoners on equal & just principles as far as human3 and approve of the measures taken for that purpose by the Commander in cheif.

That a copy of this Resolution be transmitted by Genl W. to the British Commander in cheif at N. York.4

1JM canceled “later’s.”

2JM canceled “the.”

3JM canceled “as far as human.”

4The entire draft was canceled by diagonal and vertical ink lines. The printed journal of Congress erroneously includes the draft as a portion of a report struck out by Congress on 12 August (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIII, 462).

On the same page used by JM, Rutledge jotted down in much abbreviated form some expressions which he incorporated in the third paragraph of the recommendations submitted to Congress on 29 July. In these recommendations JM’s influence is shown in the first paragraph reading, “That Congress always have been ready & willing to agree to a General Cartel, for the Exchange of Prisoners of War, upon just [&] reasonable terms,” and in so much of the sixth paragraph as reads, “R. That the Comder. in Cheif be directed to transmit these Resolves to Sir G. C.” (NA: PCC, No. 28, fols. 83–85; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 421–22).

On 29 July Congress, apparently without debate, referred these recommendations to a new committee comprising John Lowell, Ezekiel Cornell, and JM (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 422 n.). This committee never reported, perhaps in some measure because Lowell left Philadelphia for his home in Massachusetts on 6 August (Burnett, Letters description begins Edmund C. Burnett, ed., Letters of Members of the Continental Congress (8 vols.; Washington, 1921–36). description ends , VI, 431). The next day Congress assigned a dispatch, written by Washington on 3 August about the cartel, to a committee on which JM served under John Morin Scott as chairman. On 8 and 9 August, when further word on the same subject from Washington reached Congress, the Lowell and Scott committees were discharged, and all documents relating to the issue were referred to a new committee headed by Arthur Lee (NA: PCC, 186, fol. 48; JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXII, 456 n., 460, n. 2; Fitzpatrick, Writings of Washington description begins John C. Fitzpatrick, ed., The Writings of George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington, 1931–44). description ends , XXVI, 455, 466–67; Thomson, “Debates,” description begins Charles Thomson, “Debates in the Congress of the Confederation from July 22d to September 20th, 1782,” Collections of the New-York Historical Society, XI (1878), 63–169. description ends 103–4). Although Rutledge was a member of this committee, the portions of his report of 29 July influenced by JM bear no resemblance to the resolutions about a cartel included by Lee among the recommendations which his committee submitted to Congress on 12 August 1782 (JCC description begins Worthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37). description ends , XXIII, 462–64; Thomson, “Debates,” description begins Charles Thomson, “Debates in the Congress of the Confederation from July 22d to September 20th, 1782,” Collections of the New-York Historical Society, XI (1878), 63–169. description ends pp. 105–6).

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