Head Quarters New York Augt 17th 1776.
My Lord, Being authorized by Congress, as their Commanders in every Department are, to Negotiate an Exchange of Prisoners; and presuming, as well from the nature of your Lordship's command, as the Information that General Howe has been pleased to honor me with, that the exchange in the Naval Line will he subject to your 120rdship1s Directions, I beg leave to propose the following mode of Exchange for your Lordship's consideration, vizt "Officers for those of equal Rank and Sailors for Sailors."
If the above proposal should be agreeable to your Lordship, I am charged in a particular manner to exchange any Officer belonging to the British Navy in our hands & of equal Rank, for Lieut [James] Josiah, who was lately made prisoner in a ship retaken by the Cerberus frigate.
The reason, my Lord, of my being charged to propose the exchange of Lieut Josiah, in preference to that of any other officer, is that authentic Intelligence has been received, that regardless of his Rank, as an Officer, he has not only been subjected to the duties of a common Seaman, but has experienced many other Marks of Indignity.
As a different Line of conduct, my Lord, has been ever observed towards the Officers of your navy, who have fallen into our Hands, .It becomes not only a matter of Right, but of Duty, to mention this to your Lordship, to the end that an Inquiry may be made into the case above referred to.
From your Lordship's character for Humanity, I am led to presume, the Hardships imposed on Lieut Josiah, are without either your Knowledge or concurrence, and therefore most readily hope that upon this representation, your Lordship will enjoin all Officers under your command, to pay such regard to the Treatment of those that may fall into their Hands, as their different ranks and Situations require, and such as your Lordship would wish to see continued by us to those, who are already in our power, or who may hereafter, by the chance of War, be subjected to it. I have the honor to be My Lord with great respect Your Lordships's [&c.]