That while Major Sherburne was in custody of the enemy, Captain Forster required of him and the other officers to sign a cartel, stipulating the exchange of themselves and their men, for as many of equal condition of the British troops in our possession; and further, that, notwithstanding the exchange, neither themselves nor men should ever again bear arms against the British Government; and for the performance of this, four hostages were to be delivered: which they, being under the absolute power of the enemy, did sign.

That, on Sunday, the 26th, the prisoners were carried to Quinze Chiens, when it was discovered that General Arnold was approaching, and making dispositions to attack them.

That Captain Forster, having desired Major Sherburne to attend a flag which he was about to send to General Arnold for confirmation of the cartel, carried him into the council of the Indians, then sitting, who told him that it was a mercy never before shown in their wars, that they had put to death so few of the prisoners; but that he must expect, and so inform General Arnold, that they should certainly kill every man who should thereafter fall into their hands. That Captain Forster joined in desiring that this bloody message should be delivered to General Arnold, and, moreover, that he should be notified, that if he rejected the cartel and attacked him, every man of the prisoners should be put to instant death.

That General Arnold was extremely averse from entering into any agreement, and was at length induced to do if 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, and that he did in the end conclude it, after several flags received from Captain Forster, and a relinquishment by him of the unequal article, restraining our soldiers from again bearing arms.

That the prisoners so stipulated to be given up to the enemy, were not in 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 four hostages were accordingly delivered to Captain Forster, who were immediately plundered and stripped by the savages; and on his part were delivered one Major, four Captains, sixteen subalterns, and three hundred and fifty-five privates, as specified in a certificate of Captain James Osgood and others, of whom no specification by their names or numbers has yet been transmitted; that he retained twelve Canadians, alleging, in his justification, express orders so to do; and that being in a military Government, they were to be considered even in a worse light than deserters from his Majesty's armies. These he carried away in irons, but afterwards released. That he permitted the Indians to carry into their countries several others, natives of the United States, for purposes unknown.

That during the time of their captivity, not half food was allowed the prisoners. They were continually insulted, buffeted, and ill-treated by the savages; and when the first parties of them were carried off from the shore, to be delivered to General Arnold, balls of mud were fired, and at the last parties, musket-balls.

Whereupon, the Congress came to the following Resolutions:

Resolved, That all acts contrary to good faith, the laws of nature, or the customs of civilized nations, done by the officers and soldiers of his Britannick Majesty, or by foreigners or savages taken into his service, are to be considered as done by his orders, unless indemnification be made in cases which admit of indemnification; and in all other cases, unless immediate and effective measures be taken by him or his officers, for bringing to condign punishment the authors, abetters, and perpetrators of the acts.

Resolved, That the plundering the baggage of the garrison at the Cedars, stripping them of their clothes, and delivering them into the hands of the savages, was a breach of the capitulation on the part of the enemy, for which indemnification ought to be demanded.

Resolved, That the murder of the prisoners of war was a gross and inhuman violation of the laws of nature and nations; that condign punishment should be inflicted on the authors, abetters, and perpetrators of the same; and that, for this purpose, it be required that they be delivered into our hands.

Resolved, That the agreement entered into by General Arnold was a mere sponsion on his part, he not being invested with powers for the disposal of prisoners not in his possession, nor under his direction; and that therefore it is subject to be ratified or annulled, at the direction of this House.

Resolved, That the shameful surrender of the post at the Cedars is chargeable on the commanding officer; that such other of the prisoners as were taken there showed a willingness and desire to fight the enemy; and that Major Sherburne, and the prisoners taken with him, though their disparity of numbers was great, fought the enemy bravely for a considerable time, and surrendered but on absolute necessity. On which considerations, and on which alone, it is

Resolved, That the said sponsion be ratified, and that an equal number of captives from the enemy, of the same rank and condition, be restored to them, as stipulated by the said sponsion.

Resolved, That previous to the delivery of the prisoners to be returned on our part, the British Commander in Canada be required to deliver into our hands the authors, abetters, and perpetrators of the horrid murder committed on the prisoners, to suffer such punishment as their crime deserves; and also to make indemnification for the plunder at the Cedars, taken contrary to the faith of the capitulation; and that until such delivery and indemnification be made, the said prisoners be not delivered.

Resolved, That if the enemy shall commit any further violences, by putting to death, torturing, or otherwise ill-treating the prisoners retained by them, or any of the hostages put into their hands, recourse 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 the captives from them, in our possession, till they shall be taught due respect to the violated rights of nations.

Resolved, That a copy of the foregoing Report and Resolutions be transmitted to the Commander-in-Chief of the Continental Forces, to be by him sent to Generals Howe and Burgoyne.

By order of the Congress:

JOHN HANCOCK, President.

Capitulation of Major BUTTERFIELD.

Camp at the Cedars, May 19, 1776.

SIR: From the message I received from your flag of truce, I am glad to find that my motives for sending to you yesterday has had the desired effect.

I have again assembled the many chiefs of my Indians, and have been so fortunate as to overcome their resolution of yesterday after your refusal.

The disposition of the savages not being long certain, or governable to any particular will, to be the better able to keep my promises with you, it will be absolutely necessary that the fort be delivered up in half an hour after the receiving this.

Your persons and apparel you have on will be secured, as proposed yesterday, and the garrison will surrender at discretion.

The artillery, ammunition, batteaus, and stores of every kind, to be delivered on good faith to persons appointed for that purpose.

A part of the King's troops to take possession of the fort at the expiration of the appointed time.

The prisoners will be marched some distance from the fort, for their greater security, before the savages will be allowed to enter, exclusive of a few chiefs who may insist on going with the troops.

I am, sir, your most obedient,

GEORGE FOSTER, Captain, commanding the King's Troops.

To Major Butterfield.

Articles between Major SHERBURNEand Captain FORSTER

After the maturest deliberation on the customs and manners of the savages in war, which I find so opposite and contrary to the humane disposition of the British Government, and to all civilized nations, and to avoid the inevitable consequences of the savages' customs in former wars, (which,