The capture of gen. Lee has proved inconvenient to both sides, and calamitous to individuals. Somewhat like a cartel was before established for the exchange of prisoners between generals Howe and Washington. Gen. Lee being particularly obnoxious to government, and Howe perhaps having received prior instructions how to conduct himself with respect to him individually, (for he can have had none as yet upon the news of his capture) his exchange was refused. Washington having no prisoner of equal rank, proposed six Hessian field officers to balance that disparity: and, if this was not accepted, required that he should be treated suitable to his sitation, and the precedent already set by the Americans in regard to the British officers they had captivated. It was answered, that as Lee was a deserter from his majesty’s service, he could not be considered as a prisoner of war, nor come within the conditions of the cartel, nor receive any of its benefits. A fruitless discussion ensued: and Lee was still confined, watched and guarded with the utmost strictness and jealousy; which produced the following congressional act—[Jan. 6.] “Congress being informed that major gen. Lee hath, since his captivity, been committed to the custody of the provost, instead of being enlarged on his parole, according to the humane practice that has taken place with officers of the enemy who have fallen into the hands of the American troops; a treatment totally unworthy of that gentleman’s eminent qualifications, and his rank in the service of the United States, and strongly indicative of further injuries to his person:—Resolved, That gen. Washington be directed to send to general Howe, and inform him, that, should the proffered exchange of gen. Lee for six Hessian field officers not to be accepted, and the treatment of him as abovementioned be continued, the principles of retaliation shall occasion five of the Hessian field officers, together with lieut. col. Archibald Campbell, or any other officers that are or shall be in our possession equivalent in number or quality, to be detained in order that the said treatment which gen. Lee shall receive may be exactly inflicted upon their persons:—Ordered, that a copy of the above resolution be transmitted to the council of the Massachusetts-bay, and that they be desired to detain lieut. col _Campbell_, and keep him in safe custody till the further order of congress; and that a copy be also sent to the committee of congress in Philadelphia; and that they be desired to have the prisoners, officers and privates, lately taken, properly secured in some safe place.”