of about six hundred regulars, Canadians, and Indians, were on the way to attack his post, and were within nine miles of it; that Colonel Bedel thereon set out himself for Montreal, to procure a reinforcement, whereupon the command at the Cedars devolved on Major Butterfield.

That on Thursday, a reinforcement, under the command of Major Sherburne, marched from Montreal for the Cedars, while a larger detachment should be getting ready to proceed thither with Brigadier-General Arnold.

That on Friday, the 19th, the enemy, under the command of Captain Forster, invested the post at the Cedars, and for two days kept up a loose, scattering fire; that Major Butterfield, from the very first, proposed to surrender the post, and refused repeated solicitations from his officers and men to permit them to sally out on the enemy.

That on Sunday afternoon, a flag being sent in by the enemy, Major Butterfield agreed to surrender the fort and garrison to Captain Forster, capitulating with him (whether verbally or in writing, does not appear) that the garrison should not be put into the hands of the savages, and that their baggage should not be plundered.

That, at the time of the surrender, the enemy consisted of about forty regulars, one hundred Canadians, and five hundred Indians, and had no cannon. The garrison had sustained no injury from the fire, but the having one man wounded; they had twenty rounds of cartridges a man, thirty rounds for one field-piece, and five for another, half a barrel of gunpowder, fifteen pounds of musket ball, and provisions sufficient to have lasted them twenty or thirty days. Major Butterfield knew that a reinforcement was on its way, and, moreover, was so near the main body of the Army that he could not doubt of being supported by that.

That immediately on the surrender, the garrison was put into the custody of the savages, who plundered them of their baggage, and even stripped them of their clothes.

That Major Sherburne having landed on Monday, the 20th, at Quinze Chiens, about nine miles from the Cedars, and marched on with his party, consisting then of one hundred men, to within four miles thereof, was there attacked by about five hundred of the enemy; that he maintained his ground about one hour, and then, being constrained to retreat, performed the same in good order, receiving and returning a constant fire for about forty minutes; when the enemy finding means to post advanced parties in such a manner as to intercept their further retreat, they also were made prisoners of war.

That they were immediately put into the custody of the savages, carried to where Major Butterfield and his party were, and stripped of their baggage and wearing apparel. That two of them were put to death that evening; four or five others at different times afterwards—one of whom was of those who surrendered on capitulation at the Cedars, and was killed on the eighth day after that surrender. That one was first shot, and while retaining life and sensation, was roasted, as was related by one of his companions now in possession of the savages, who himself saw the fact; and that several others, being worn down by famine and cruelty, were exposed in an island, naked and perishing with cold and hunger.

The Committee to whom were recommitted the cartel between Brigadier-General Arnold and Captain Forster, for the exchange of prisoners002C and the several papers relating thereto, have had the same under their consideration, and agreed to the following Report:

Your Committee having proceeded to make inquiry into the facts relating to the agreement entered into at St. Ann's, between Brigadier-General Arnold and Captain Forster, find a part of them well authenticated and others not; yet being apprehensive that silence on the part of Congress may be construed by some into a ratification of the said agreement, they have thought it best to state the same as they appear at present, with such resolutions as they will justify if found true, reserving final decision till the whole truth shall be accurately inquired into and transmitted to Congress.

Your Committee, on the best information they have been able to obtain, find—

That on the 24th day of May last a party of the enemy, consisting, as is said, of about six hundred men, under the command of Captain Forster, attacked a post at the Cedars, held by a garrison of three hundred and fifty Continental forces, then under the command of Major Butter-field.

That the said post was secured by a stockade sufficient to cover the garrison from the enemy's musketry; that there were mounted therein two field-pieces, and that the enemy had no cannon.

That the said garrison had ammunition and provisions sufficient to have lasted them ten days; that they had reason to expect a reinforcement in a few days, which, on a requisition from themselves, was actually on its way from Montreal; and, moreover, were so near the main body of the Army, that they could not doubt being joined by detachments from them sufficient to oblige the enemy to retire.

That the enemy, for two days, kept up only a scattering fire, by which not a single man of the garrison was killed or wounded, and that on the third day the garrison surrendered themselves prisoners of war, having capitulated for the preservation of their own baggage from plunder, and that their persons should not be delivered into the hands of the savages.

That the enemy broke the capitulation, utterly and immediately, on their part, plundering the garrison of their baggage, and stripping their clothes from their backs, and delivering the prisoners into the hands of the savages.

That they then proceeded against the reinforcement which was on its way, consisting of about one hundred and fifty men, under the command of Major Sherburne; that Major Sherburne and his party engaged and fought them with bravery; but being at length surrounded by numbers greatly superior, and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also, but whether on capitulation or not, your Committee are not informed.

That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks and drowning the other, and left divers others exposed on an island, naked and perishing with cold and famine.

That by this time Brigadier-General Arnold, who had been detached by Major-General Thomas to relieve the fort at the Cedars, approached, and was making dispositions to attack the enemy.

That Captain Forster thereupon notified General Arnold, that if he attacked him, the prisoners (then five hundred in number) would, every man of them, be put to death; and proposing, at the same time, an exchange of prisoners.

It appears that General Arnold was extremely averse to entering on any agreement of that kind, and was at length induced to do it by no other motive than that of saving the prisoners from cruel and inhuman death, threatened in such terms as left no doubt it was to be perpetrated.

That an agreement was thereupon entered into between Brigadier-General Arnold and Captain Forster, bearing date at St. Ann's, on the 27th day of May, whereby the said Forster stipulated that he would deliver up all the said prisoners, except such as were Canadians, to General Arnold, who agreed, on the other part, that so many of equal rank and condition should be returned to the enemy of those taken by our arms on former occasions; that the prisoners so stipulated to be given up to the enemy were not in the possession of General Arnold, nor under his direction, but were at that time distributed through various parts of the Continent, under the orders of this House.

That Captain Forster, in violation of this agreement, also detained a considerable number of the prisoners he had thus stipulated to deliver, and sent them into the Indian countries, for purposes unknown.

Whereupon, your Committee have come to the following Resolutions:

Resolved, That it is the opinion of this Committee, that plundering the baggage of the garrison at the Cedars, stripping them of their clothes, and delivering the prisoners into the hands of the savages was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded.

Resolved, That the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature and of nations, for which satisfaction should be made by the enemy, by delivering into our hands either Captain Forster, or the individuals concerned in committing the murder.

Resolved, That the agreement entered into at St. Ann's was a mere sponsion on the part of Brigadier-General Arnold, he not being invested with powers for the absolute disposal of the Continental prisoners in general, and that therefore it is subject to be ratified or annulled at the discretion of this House, the sole Representative of the United Colonies.

Resolved, That it is the opinion of this Committee, that Major Sherburne and his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified and confirmed by this House, and that an equal number of captives from the enemy, of the same rank and condition, should be restored to them, as stipulated by the said sponsion.

Resolved, That it is the opinion of this Committee, that so much of the said sponsion as relates to Major Butterfield, and the garrison surrendering with him, ought not to be ratified, because we should redeem none but those who will fight, and because, too, the said sponsion excepted the Canadian prisoners, and we will in no case admit a distinction of countries among men fighting in the same cause.

Resolved, therefore, That the said Major Butterfield and garrison should still be considered as prisoners of war appertaining to the enemy; but as, by the actual murder of two of the prisoners, and the threats at St. Ann's to put the others to death, the enemy are found capable of destroying their captives, the said prisoners ought not to be put into their hands, but should be permitted to remain in their own country; that, in the mean time, they shall not bear arms, nor otherwise act against the enemy; but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, and to hold themselves subject to be recalled by the enemy whenever proper security shall have been given that their lives shall be safe.

Resolved, That previous to the delivery of the prisoners to be returned in lieu of Major Sherburne and those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners, by delivering into our hands Captain Forster, or the individuals concerned in perpetrating that horrid act; and likewise restitution for the plunder at the Cedars, taken contrary to the faith of the capitulation; and that till such satisfaction and restitution be made, the said prisoners be not delivered.

Resolved, That it is the opinion of this Committee, that if the enemy shall put to death, torture, or otherwise ill treat any of the hostages in their hands, or of the Canadians or other prisoners captivated by them in the service of the United Colonies, recourse must be had to retaliation, as the sole means of stopping the progress of human butchery, and that for that purpose, punishments of the same kind and degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.

Resolved, That it is the opinion of this Committee, that a copy of this report be transmitted to the Commander-in-Chief of the Continental Forces in Canada, to be by him sent to the British Commander there; and that he moreover make further and diligent inquiry into the facts therein stated, and such others as may relate to the same subject, and return the same, duly authenticated, and with all possible despatch, to Congress, for their final decision; and that, in the mean time, the prisoners delivered up by the enemy abstain from bearing arms, or otherwise acting against them.