State of the massachusetts Bay.
Council Chamber [Watertown] Novr the 8: 1776
Whereas two Vessells have lately Arrived from Hallifax by Ordr of Sr George Collier Commandr of the RainBow Man of War; Under the care of Capt Thos Stone as Flaggs of Truce, (with one Hundred & Seventy four of our men that have been taken by the Enemy in Ordr to Exchange for a like Number of their Men & undr like Circumstances that have been taken by Vessells belonging to the United States of America) with Directions to negotiate the affair with Mr Nathl Tracey of Newbury Port whose right to Negotiate with Ld Howe for the exchange of Prisoners was confined by this Board to the persons captivated on board the Brigantine Yankee Hero a private armed Vessel of this State, and whereas but five persons so captivated have been sent into this State in the said Flaggs of Truce And it was therefore altogether irregular that the negotiation for the exchange of any other prisoners than those belonging to the said Yankee Hero shou'd be managed or conducted by the said Tracey, Yet as it is apprehended that Sir George Collier may have mistaken the extent of the powers committed to the said Tracey, and as most of the prisoners bro't into this State by the said Flaggs have dispersed and gone to their several homes and considering the great hardships and Distresses our Men have undergone during their late Captivity it is thought proper for this time, to deliver up to the said Stone, an equal number of persons who are now Captives in this State (having respect to the Rank & Condition of the persons sent up for exchange) as have been return'd in the said Flaggs — And that for the future no exchange shou'd or ought to be made for any prisoners unless the Officers by whose direction our subjects shall be sent hither shall give order to negotiate for the same directly with the Government of this State
Therefore Resolved that Benja Greenleaf, Richd Derby & Benja Austin Esqrs be a Committee to Collect one Hundred and Sixty nine Persons that have been taken by our Vessells Under the like Situation & Circumstances as near as may be with those Brought by Capt Thos Stone & Negotiate the affair of the Exchange with Sd Stone and that Mr Nathll Tracey of Newbery Port be Impowerd & Directed to Convey four officers & one Private from any of the Prisoners at or near Northampton (John King & Robert Arnold Excepted) & negotiate the Exchange for the four officers & one Private lately of the Privateer Yankee Hero, now in his the Sd Stones Possession —
