Richard Henry Lee to Patrick Henry

Your letter to the delegates of the 29th of Feb. has been laid before the marine committee, in consequence of the business of retaliation on Marine prisoners having been referred by Congress to that committee, as you will see by the resolve of July 27th last, which is inclosed. The committee make a distinction between such prisoners as properly belong to a particular state, and such as are continental being made so by the arms of the U.S. The former each state will avail itself of for the benefit of their own people in the power of the enemy, as a Cartel can be agreed on with the enemy by such state, as hath been frequently done by the Eastern States. Or such prisoners may, at the pleasure of the state to whom they belong, be delivered to the Continental Commissary for common benefit. At present no Cartel has ever been, or could be, settled with the enemy for American prisoners in G.B. They being unwilling there to recognise us in such a light as Cartel would place us, and therefore their exchanges have been confined to prisoners in America only. We have however some reason to expect that the exchange may shortly extend to Great Britain. In the meantime, sir, the State of Virginia will see, by the resolve of Congress enclosed, what are the sentiments of this body on the subject of retaliation, and will adopt their mode, if it shall be thought proper, with such prisoners as belong immediately to the State of Virginia - I have the honor to be with sentiments of esteem and regard Sir,

your most obedient and very humble servant,

Richard Henry Lee