I had the honor to receive your letter of the 1st. Instant.

Your Excellency is acquainted with the determination expressed in my letter of the 20th. of April to Sir Henry Clinton; I have now to inform you that so far from receding from that resolution, Orders are given to designate a british officer for retaliation. The time and place are fixed. But I still hope the result of your Court Martial will prevent this dreadful alternative.

Sincerely lamenting the cruel necessity which alone can induce so distressing a measure in the present instance, I do assure your Excellency I am as earnestly desirous as you can be, that the War may be carried on aggreeable to the Rules which humanity formed and the example of the politest Nations recommends; and shall be extremely happy in agreeing with you to prevent or punish every breach of the rules of War, within the spheres of our respective commands.

I am unacquainted with the circumstances of the detention of Bagely and Hatfield—the matter shall be enquired into and justice done—but I must inform you, that in my opinion, Deserters, or Characters who for Crimes they have committed, are amenable to the Civil power, cannot on either side, be protected under the sanction of a flag. I do not pretend to say the abovementioned persons are in that predicament—recrimination would be useless. I forbear therefore to mention numerous instances, which have stained the reputation of your Arms, marked the progress of this War with unusual severity and disgraced the honor of human nature itself—while I wave this ungrateful discussion, I repeat the assertion, that it is my most ardent desire not only to soften the inevitable calamities of War, but even to introduce upon every occasion, as great a share of tenderness and humanity, as can possibly be exercised in a State of hostility. I have the Honor to be Sir Your Excellency’s Most Obedient humble Servant