The Board of War brought in a report, which was taken into consideration: Whereupon,     

Resolved, That General Washington be directed to inform General Howe, .that this Congress most sincerely laments the necessity to which they are driven by the cruel policy of their enemies, of entering into any resolutions which have any appearance of severity towards those prisoners of war who have fallen or may fall into our hands; but, that there are no other means in our power of inducing our enemies to respect the rights of humanity; that with this view only, it is their determined resolution to carry into execution the law of retaliation; that if any persons belonging to, or employed in, the service of the United States, or any of them who now are, or hereafter may be, prisoners to Lord or General Howe, or any other commander of his Britannic Majesty's forces by sea or land, shall be sent to the realm of Great Britain, or any part of the dominions of the said. king of Great Britain, to be there confined in common gaols, or any other place or places of confinement in pursuance of any act or acts of the British parliament, or any other pretence whatever; it is the resolution of this Congress, to treat the prisoners now in our power, and such as may hereafter fall into our hands, in a manner as nearly similar as our circumstances will admit.