The case of Major John Andre, adjutant-general to the British Army, who was put to death by the rebels, October 2, 1780, candidly represented: with remarks on the said case. : [Three lines from Lord Clarendon]

CASE of MAJOR ANDRE, &c.

A CORRESPONDENCE having been carried on, for some time, between the Comman|der in Chief and Major General Arnold, through Major Andre, on a very interesting subject, an interview was agreed upon to concert and adjust such measures as might lead to an attainment of the object in view. Major General Arnold earnestly urged that Major Andre, the Adjutant General, might be the person to represent his Excellency at the conference, which was acceded to. They were to meet on Monday the 11th of September, at a place called Dobb's Ferry.

But the interview was unhappily defeated by an accident which could not be foreseen, and which it was then too late to prevent. The boat that had in it Major General Arnold, was fired upon b•• one of his Majesty's gun-boats, which happened to be near; and from which the Gene|ral, with much difficulty, and at great hazard, escaped.

Although this interview was defeated, and the good consequences that might have been ex|pected from it, at least delayed, the object was considered as of too much importance to be relin|qu••shed on a single disappointment; and it was therefore pursued in a way that gave much reason to hope for a succes••ful issue. Accordingly, on Saturday the 16th, Col. Robinson went on board the Vulture sloop of war, which proceeded with him up the North River as far as Taller's Point. From thence h•• convoyed a letter to Major General Arnold, covering one to General Putnam, in which he took occasion to mention,

That having heard General Putnam was at the High-Lands, he had obtained leave of the Commander in Chief to endeavour to gain an interview with him. He added, that if General Putnam should have already returned to Connecticut, he wished to have the letter returned.

This letter was dated on board the Vulture, off Taller's Point, 17th September, 1780

Major General Arnold, in his letter of the 18th, in answer to the foregoing, mentioned Ge|neral Putnam's previous departure for Connecticut; and according to Col. Robinson's desire, returned the letter to him. He said

he had mentioned the subject to General Washington, who thought that any application of the kind ought to have been made to the civil authority, as not belonging to the military department

Major General Arnold, however, subjoined,

that if any other proposals should be made, of which he could officially take notio•• the know|ledge of them should be confined inviolably to General Washington and himself.

This letter enclosed an ther••of the same date to Col. Robinson, and one to Major Andre. In that to the former Gentleman. Major General Arnold says,

I shall send a person to Dobbe's Ferry, or on board the Vulture, on Wednesday night the 20th instant, and furnish him with a boat and flag of truce. You may depend on his secrecy and honour, and that your badness, of whatever nature, shall be kept a profound secret.

He adds,

I have enclosed a letter

for a Gentleman in New-York, from one in the country, on private business, which I beg the favour of you to forward, and make no doubt he will be permitted to come at the time ap|pointed.

It can easily be perceived, that this letter, although it was necessary then that it should wear the appearance of one from a farmer to a Gentleman in New-York, was in real••ty a letter from General Arnold, under the assumed signature of Gustavus, to Major Andre; in which the latter was invited to a conference under the expressed condition and protection of a flag of truce. It bears date the 15th of September, and is the duplicate of one sent on the 16th by the way of Kings Bridge. As this letter, which General Arnold so anxiously wished might reach Major Andre, will naturally introduce the subsequent proceedings that took place through the whole course of the affair, it is given to the public for their information.

September 15, 1780.

SIR,

ON the 11th, at noon, agreeable to your request, I attempted to go to Dobbs's Ferry, but was prevented by the armed boats of the enemy, who fired upon us, and continued opposite the ferry until sun-set.

The foregoing letter was wrote to caution you not to mention your business to * * * or any other person. I have no Confidant: I have made one too many already, which has prevented some profitable speculations.

I will send you a person, in whom you can confide, by water to meet you at Dobbs's Ferry, at the landing on the east side, on Wednesday the 20th instant, who will conduct you to a place of safety, where I will meet you. It will be necessary for you to be disguised, and, if the enemy's boats are there, it will favour my plan, as the person is not suspected by them. If I do not hear from you before, you may depend on the person's being punctual at the place above-mentioned.

Meet me if possible: You may rest assured, that if there is no danger in passing your lines, you will be perfectly safe where I propose a meeting, of which you shall be informed on Wednesday evening, if you think proper to be at Dobbs's Ferry.—Adi••u, and be assured of the friendship of

GUSTAVUS.

September 12, 1780.

THE foregoing I found means to send to Kingsbridge on the 16th, and make no doubt you received it. But as there is a possibility of its miscarrying, I send you a copy, and am fully persuaded, that the method I have pointed out to meet you is the best and safest, provided you can obtain leave to come out.

I am your's, GUSTAVUS.

In consequence of which, it was determined that Major Andre should go; and here it will be proper to observe, that the measures hitherto taken, were within the knowledge of Sir Henry Clinton, and bore the function of his command.—But the nature of that service was such, as might require future measures to be taken that could not be immediately directed by a command so distant from the scene of operation; and the 〈◊〉〈◊〉 that could be done in that case was to guard against such contingencies or disagreeable events as might possibly happen in the way to so great an object. In this view of the matter, Major Andre was put in possession of every necessary cau|tion that became the dignity of command, or the milder affection of friendship. He was ex|pressly directed not to yield to General Arnold's proposal that recommended a change of dress, but to wear his uniform and receive no papers.

Major Andre then proceeded up the North-river to the Vulture that lay near Taller's Point, and from thence wrote two letters to Sir Henry Clinton, both dated the 21st of September.—The following are copies of them.

SIR,

AS the tide was favourable on my arrival at the Sloop yesterday, I was determined to be myself the bearer of your Excellency's letters as far as the Vulture. I have suffered for it, having caught a very bad cold, and had so violent a return of a disorder in my stomach, which had attached me a few days ago, that Captain Sutherland and Colonel Robinson insist on my remaining on board until I am better.—I hope to-morrow to get down again.

I have the honour to be, &c.

The other Letter.

SIR,

I GOT on board the Vulture at about 7 o'clock last night and after considering upon the Letter, and the answers given by Colonel Robinson, "that he would remain on board, and hoped I should be up," we thought it most natural to expect the Man I sent into the Country here, and therefore did not think of going to the Ferry.

No body has appeared. This is the second excursion I have made without an oftensible reason, and Colonel Robinson both times of the party: A third would infallibly six suspicions. I have therefore thought it best to remain here on pretence of sickness, as my inclosed letter will feign, and try further expedients. Yesterday the pretence of a flag of truce was made to draw people from the Vulture on shore. The boat was fired upon in violation of the customs of war. Cap|t••in Sutherland, with great propriety, means to send a flag to complain of this to General Ar|nold. A boat from the Vulture had very nearly taken him on the 11th. He was pursued close to the float. I shall favor him with a newspaper containing the Carolina newe, which I brought with me from New-York, for Anderson to whom it is addressed on board the Vulture.

I have the honour to be, &c.

On the 21st of September, a flag of truce from General Arnold arrived on board the Vulture. The flag bearer was Mr. Joshua Smith, who produced two papers, the one authorising him to go with a flag of truce and two servants, for the purpose of forwarding two letters to New-York; and the other permitting a Mr. J. Anderson, and a boy, to be brought within the Rebel lines. At the same time Mr. Smith delivered the following letter to Colonel Robinson.

September 21, 1780.

SIR,

THIS will be delivered you by Mr. Smith, who will conduct you to a place of safety. Neither Mr. Smith, or any other person shall be made acquainted with your proposals. If they (which I doubt not) are of such a nature, that I can officially take notice of them, I shall do it with pleasure; if not, you shall be permitted to return immediately. I take it for granted, that Colonel Robinson will not propose any thing that is not for the interest of the United States, as well as himself.

I am Sir, &c. B. ARNOLD.

Colonel Robinson.

Colonel Robinson, not being named in the flag, did not attend Major Andre. The caution used about going in a manner that might afford any pretence for a dispute on a subject of so in|teresting a nature, is a decisive proof that the protection of the flag was deemed, as to those who were named, sacred against any future ••vils or tortured interpretations; and when it was determined that Major Andre alone should go with Mr. Smith, a difficulty was perceived in su|spect to the flag-boat which was large, and had but two men to row it. To obvi•• 〈◊〉〈◊〉 difficulty, one of the Vulture's boats was proposed to be manned, and to assist in towing it; but this offer was declined and strongly objected to by Mr. Smith, and Major Andre, as disa|greeing with the character of a flag of truce.

Major Andre was landed safe in his uniform from the flag-boat at the landing place in Ha|verstraw, the place where he was taught to expect General Arnold, who was to bring with him a spare horse; from thence they were to repair to Mr. Smith's house, distant a few miles from the shore. He was punctually met by General Arnold, at whose pressing instance he exchanged his uniform for another dress; this was contrary to the strong assurances which he gave Colonel Robinson and Captain Sutherland, just as he was leaving the Vulture; he told those gentlemen

that he could not resign his rank, or give up his character, without violating the express order of the Commander in Chief, which he was resolved not to do.

This he said to avoid the offer made him by Captain Sutherland, of a plain coat for the concealment of his person.

Major Andre, after he had conc••rted such measures with General Arnold as the nature of the service required, received the General's order to return to New-York by land, in the habit he

was forced to assume on his getting to shore; and had regular passports delivered to him for the protection and safety of his person. On the 23d of September, he was taken at Tarry Town. The particular circumstances attending that unfortunate event, may be collected from two letters written by Mr. Jameson; one to General Arnold, the other to Lieutenant Allen, both dated the 25d September, of which the following are copies.

SIR.

I HAVE sent Lieutenant Allen, with a certain John Anderson, taken going into New-York. He had a pass signed with your name. He had a parcel of papers taken from under his stockings, which I think of a very dangerous tendency. The papers I have sent to General Washington. They contain the number of men at West Point and its dependencies, the num|ber of cannon, &c. The different pieces of ground that command each sort, and what i••ance they are from the different sorts; the situation of each sort, and which may be set on fire with bombs and carcases, and which are out of repair; the speech of General Washington, to the Council of War held the 6th of this month; the situation of our armies in general, &c. &c.

I am with regard, &••. JOHN JAMESON.

Major General Arnold.

SIR,

FROM some circumstances I have just heard, I have reason to fear that a party of the enemy are above, and as I would not have Anderson retaken or get away, I defi••e that you would proceed to lower Sa••em with him, and deliver him to Captain Hoogland. You will leave the guard with Captain Hoogland also, except one man, whom you may take along. You may proceed on to West P••int, and deliver the letter to General Arnold. You may also shew him this, that he may know the reason why the prisoner is not sent on. You will please to return as soon as you can do your business.

I am in haste, dear Sir, &c JOHN JAMESON.

Lieutenant Allen.

On Monday the 25th, General Arnold arrived on board the Vulture, and made Colonel Ro|binson acquain••ed with what had happened to Major Andre; the Colonel lost no time in writing to General Washington, and demanding the Adjutant general of his Majesty's forces, who, con|trary to the custom and laws of nations, had been made a prisoner, although he had landed under the sanction of a flag of truce, and had, when taken, General Arnold's passport for returning by land.

Upon the 26th, General Arnold and Colonel Robinson, both arrived at New-York, and re|ported this unfortunate event to the Commander in Chief. His Excellency wrote immediately to General Washington, requiring the restoration of his Adjutant General, and inclosed General Arnold's letter on the subject, which was written in answer to his Excellency's message to him on that head.

The following is a copy of General Arnold's letter.

New-York, Sept. 26, 1780.

SIR,

IN answer to your Excellency's message, respecting your Adjutant General, Major Andre, and desiring my idea of the reasons why he is detained, being under my passports, I have the honour to inform you, Sir, that I apprehend a few hours must return Major Andre to your Excellency's orders, as that officer is assuredly under the protection of a flag of truce sent by me to him for the purpose of a conversation which I requested to hold with him relating to myself, and which I wished to communicate, through that officer, to your Excellency.

I commanded at the time, at West-Point, had an undoubted right to send my flag of truce for Major Andre, who came to me under that protection, and having held my conference with him, I delivered him confidential papers in my own head writing, to deliver to your Excellency; thinking it much properer he should return by land, I directed him to make use of the feigned

name of John Anderson, under which he had by my direction come on shore, and gave him my passports to go to the White Plains on his way to New-York. This officer cannot therefore fail of being immediately sent to New-York, as he was invited to a conversation with me, for which I sent him a flag of truce, and finally gave him passports for his safe return to your Excellency; all which I had then a right to do, being in the actual service of America, under the orders of General Washington, and Commanding General at West-Point and its dependencies.

I have the honour to be, your Excellency's most obedient and very humble servant, B. ARNOLD.

His Excellency Sir HENRY CLINTON.

The following is a copy of Sir Henry Clinton's letter to General Washington, enclosing the preceding one.

New York, Sept. 26, 1780.

SIR,

BEING informed that the King's Adjutant General in America has been stopt, under Major General Arnold's passports, and is detained a prisoner in your Excellency's army, I have the honour to inform you, Sir, that I permitted Major Andre to go to Major General Arnold, at the particular request of that General Officer. You will perceive, Sir, by the inclosed paper, that a flag of truce was sent to receive Major Andre, and passports granted for his return, I therefore can have no doubt but your Excellency will immediately direct, that this officer has permission to return to my orders at New-York.

I have the honour to be, your Excellency's most obedient, and most humble servt. H. CLINTON.

His Excellency General WASHINGTON.

On the 30th of September, the Commander in Chief received the following letters from Ge|neral Washington and Major Andre.

Major Andre's Letter.

SIR,

YOUR Excellency is doubtless already apprized of the manner in which I was taken, and possibly of the serious light in which my conduct is considered, and the rigorous determina|tion that is impending.

Under these circumstances, I have obtained General Washington's permission to send you 〈◊〉〈◊〉 letter, the object of which is, to remove from your 〈◊〉〈◊〉 any suspicion that I could imagine I was bound by your Excellency's orders to expose myself to what has happened. The events of coming within an enemy's forts, and of changing my dress, which led me to my present situation, were as contrary to my own intentions as they were to your orders; and the circuitous route which I took to return, was imposed (perhaps unavoidably) without alternative upon me.

I am perfectly tranquil in mind, and prepared for my fate, to which an honest zeal for my King's service may have devoted me.

In addressing myself to your Excellency on this occasion, the force of all my obligations to you, and of the attachment and gratitude I 〈◊〉〈◊〉 you, recure to me. With all the warmth of my heart, I give you thanks for all your Excellency's profuse kindness to me; and I send you the most earnest wishes for your welfare, which a faithful, affectionate, and respectful attendant can frame.

I have a Mother and three Sisters, to whom the value of my commission would be an object, as the loss of Grenada has much affected their income. It is needless to be more explicit on this subject—I am persuaded of your Excellency's goodness.

I receive the greatest attention from his Excellency General Washington, and from every other person under whose charge I happen to be placed. I have the honour to be, with the most respectful attachment, your Excellency's, &c.

His Excellency Sir HENRY CLINTON.

JOHN ANDRE, Adjutant General.

General Washington's Letter.

Head Quarters, Sept. 30. 1780.

SIR,

IN answer to your Excellency's Letter of the 26th instant, which I had the honour to receive, I am to inform you that Major Andre was taken under such circumstances as would have justi|fied the most summary proceedings against him. I determined however to refer his case to the examination and decision of a board of General Officers, who have, on his free and voluntary con|fession and letters, reported,

"First, That he came on shore from the Vulture Sloop of War, in the night of the 21st of September last, on an interview with General Arnold, in a private and secret manner.

"Secondly, That he changed his dress within our lines, and under a feigned name, and in a disguised habit, passed our works at Stoney and Verplank's Points, the evening of the 22d of September last, and was taken the morning of the 23d of September last at Tarry Town, in a disguised habit, being then on his way to New-York; and when taken he had in his possession several papers which contained intelligence for the enemy. The Board having maturely con|sidered these facts, do also report to his Excellency General Washington, that Major Andre, Ad|jutant-General to the British army, ought to be considered as a spy from the enemy; and that, agreeable to the law and usage of nations, it is their opinion he ought to suffer death."

From these proceedings it is evident Major Andre was employed in the execution of measures very foreign to the objects of flags of truce, and such as they were never meant to authorise or countenance in the most distant degree, and this gentleman confessed with the greatest candour, in the course of his examination,

that it was impossible for him to suppose he came on shore under the sanction of a flag.

I have the honour to be, &c. G. WASHINGTON.

His Excellency Sir HENRY CLINTON.

On reading General Washington's letter, and the report of the General Officers, it was very evident, that they were either in the dark respecting facts, or had injudiciously formed their opi|nions from a wrong conclusion which Major Andre seems to have drawn from his own case. Warm hopes were therefore conceived, that on furnishing the necessary and obvious proofs, the difficulties in the way of Major Andre's safety would be removed. Impressed with that belief, Sir Henry Clinton assembled a Council of General Officers, who were assisted by several Gentlemen of the Council of the Commission, and submitted to their consideration General Washington's letter.

This consultation ended in a resolution, formed by Sir Henry Clinton, of dispatching Lieu|tenant General Robertson, with Mr. Elliot, the Lieutenant Governor, and Mr. Smith, the Chief Justice of his Majesty's province of New-York, to some of the Rebel posts, with such proofs as might clear Major Andre from the imputation of a spy; and so we all doubts on a question in which humanity appeared to have so much concern. The intention and purport of this deputa|tion were immediately communicated to General Washington by the following letter, which was forwarded by the return of the same flag that brought his of the 30th.

New-York, 30th September, 1780.

SIR,

FROM your Excellency's letter of this date, I am persuaded the Board of General Officers, to whom you referred the case of Major Andre, cannot have been rightly informed of all the circumstances on which a judgment ought to be formed. I think it is of the highest moment

to humanity that your Excellency should be perfectly apprised of the state of this matter before you proceed to put that judgment in execution.

For this reason I shall send Lieutenant General Robertson and two other Gentlemen to give you a true state of facts, and to declare to you my sentiments and resolution. They will set out to-morrow as early as the wind and tide will permit, and wait near Dobbs's Ferry for your per|mission and safe conduct to meet your Excellency, or such persons as you may appoint, to converse with them on this subject.

I have the honour to be, &c. H. CLINTON.

P. S. The Hon. A. Elliot, Esq Lieutenant Governor, and the Hon. William Smith, Esq Chief Justice of this province, will attend his Excellency General Robertson.

His Excellency General Washington.

The gentlemen thus authorised, and accompanied by Colonel Robinson, proceeded to Dobbs's Ferry, where they arrived the next day, within four miles of the Rebel camp; but General Ro|bertson alone was permitted to land. General Green was the person appointed to meet his Ex|cellency in conference; the purport of which is clearly related in the following letter from the latter to the Commander in Chief.

Off Dobbs's Ferry, 1st October, 1780

SIR,

ON coming to anchor here I sent Murray on shore, who soon returned with notice that Ge|neral Green was ready to meet me, but would not admit a conference with the other gen|tlemen.

I paid my compliments to his character, and expressed the satisfaction I had in treating with him on the cause of my friend, the two armies and humanity. He said he could not treat with me as an officer; that Mr. Washington had permitted him to meet me an a gentleman, but the case of an acknowledged spy admitted no official discussion. I said that a knowledge of facts was necessary to direct a General's judgment; that in whatever character I was called, I hoped he would represent what I said candidly to Mr. Washington.

I laid before him the facts, and Arnold's assertions of Mr. Andre's being under a flag of truce, and disguised by his order. He showed me a low-spirited letter of Andre's, saying that he had not landed under a flag of truce, and lamenting his being taken in a mean disguise. H•• expresion this in language that admits it to be criminal. I told him that Andre stated facts wi•• truth, but reasoned ill upon them; that whether a flag was flying or 〈◊〉〈◊〉, was of no moment. He said he would believe Andre in preferences to Arnold. This argument held long. I told him you had ever shown a merciful disposition, and an attention to Mr. Washington's requests; that in the instance of Robinson, you had given up a man evidently a spy, when he signi|fied his wish; that I courted an intercourse and a return of good officer; that Andre had your friendship and good wishes, and that Mr. Washington's humanity to him would be pro|ductive of acts of the same kind on our part; that if Green had a friend, or Mr. Washington was desirous of the release of any man, if he would let me carry home Andre. I would engage to send such a man out. He said that there was no treating about spies. I said no military casuist in Europe would call Andre a spy, and would suffer death myself if Monsieur Rochamhault, or General Kayphansen, would call him by that name. I added, that I depended upon General Green's candour and humanity to put the facts I had stated, and the arguments I had used in their fairest light to Mr. Washington; that I would stay on board all night, and hoped to carry Mr. Andre, or at least Mr. Washington's word for his safety, along with me the next morning.

Green now with a blush, that showed the task was imposed, and did not proceed from his own thought, told me that the army must be satisfied by seeing spi•• executed. But there was one thing that would satisfy them—they expected if Andre was set free, Arnold should be given up. This I answered with a look only, which threw Green into confusion. I am persuaded Andre will not be hurt.

Believe me, Sir, &c. J. ROBERTSON.

His Excellency Sir Henry Clinton.

After this conference his Excellency General Robertson, returned on board the vessel, and communicated the substance of it to the other gentlemen, who were not permitted to land. They were all so well satisfied with the interview, that the strongest hopes were conceived of having a favourable answer from General Washington; and those hopes they indulged till the next mor|ning, when they were alarmed at a short note which came from General Green.

Camp, Tapaan, October 2d, 1780.

SIR,

AGREEABLE to your request, I communicated to General Washington, the substance of your conversation in all the particulars, so far as my memory served me. It made no altera|tion in his opinion and determination. I need say no more after what you have already been in|formed.

I have the honour to be with respect, your Excellency's, &c. NATH. GREEN.

His Excllency James Robertson, Esq. &c. &c. &c.

However painful the language of this note might have been to the feelings of General Robert|son, he still indulged the hope of making the subject appear in its true light; and accordingly wrote a letter containing a clear state of Major Andre's case, which he lost no time in transmitting to General Washington, and which was accompanied with one to him (Washington) from Ge|neral Arnold In this state of the case, the substance of what passed between General Green and himself was repeated, and the more material facts accurately arranged; from which, and from the accompanying letter, every objectional part of Major Andre's conduct, was shewn to be the result of orders from General Arnold, who then commanded the district where he first landed.

General Robertson's Letter.

Grey-H••nd Schooner (Flag of Truce), 2d October, 1780.

SIR,

A NOTE I have from General Green, leaves me in doubt, if his memory has served him to relate to you with exactness, the substance of the conversation that passed between him and myself on the subject of Major Andre.

In an affair of so much consequence to my friend, to the two armies, and humanity, I would leave no possibility of a misunderstanding; and therefore take the liberty to put in writing the substance of what I said to General Green.

I offered to prove by the evidence of Colonel Robinson, and the officers of the Vulture, that Major Andre went on shore at General Arnold's desire, in a boat sent for him with a flag of truce; that he not only came ashore with the knowledge, and under the protection of the General who commanded in the district, but that he took no one step while on store, but by the direction of General Arnold, as will appear by the inclosed letter from him to your Excellency.

Under these circumstances I could not, and hoped you would not, consider Major Andre as a spy, in consequence of an improper phrase in his letter to you. The facts he relates correspond with the evidence I offer; but he admits a conclusion that does not follow. The change of clothes and name was ordered by General Arnold, under whose direction he necessarily was while within his command.

As General Green and I did not agree in opinion, I wished that ••sted gentlemen of knowledge in the law of war and nations, might be asked their opinion on the subject, and men|tioned General K••yphauson and Monsieur Rocha••ault.

I related that a Captain Robinson had been delivered to General Clinton as a spy, and un|doubtedly was such; but it being signified to him, that you was desirous this man should be ex|changed, he had ordered him to be exchanged.

I wished that an intercourse of such civilities as the rules of war admit of, might take off many of its horro••. I admitted that Major Andre had a great share of Sir Henry's esteem, and that he would be infinitely obliged by his liberation; and that if he was permitted to return with me, I would engage to have any person you would be pleased to name set at liberty.

I added, that Sir Henry had never put any person to death for a breach of the rules of war, though he has had, and has now, many in his power.

Under our present circumstances much good may arise from humanity, much ill from the want of it. If that could have any weight, I beg leave to add, that your favourable treatment of Major Andre, would be a favour I should ever be intent to return to any you hold dear.

My memory does not retain, with the exactness I could wish, the words of the letter which General Green shewed me from Major Andre to your Excellency. For Sir Henry Clinton's satisfaction, I beg you will order a copy of it to be sent to me at New-York.

I have the honour to be, &c. J. ROBERTSON.

His Excellency General Washington.

General Arnold's Letter.

New York, 1st October, 1780.

SIR

THE polite attention shewn by your Excellency and the Gentlemen of your family to Mrs. Arnold, when in distress, demands my grateful acknowledgments and thanks, which I beg leave to prefer.

From your Excellency's letter to Sir Henry Clinton, I find a Board of General Officer: have given it as their opinion, that Major Andre is a spy. My good opinion of the candor and justice of those Gentlemen leads me to believe that if they had been made fully acquainted with every circumstance respecting Major Andre they would by no means have considered him in the light of a spy or even of a prisoner. In justice to him I think it my duty to declare, that he came from on board the Vulture at my particular request, by a flag sent on purpose for him by Joshua Smith, Esq, who had permission to Dobbs's Ferry to carry letters, and for other purposes not mentioned and to return. Mr Smith at the same time had my positive directions to go on board the Vulture, and bring on shore Col Robinson or John Anderson which was the name I had requested Major Andre to as+sume At the same time I desired Mr. Smith to inform him that he should have my protection and a safe pass|port to return in the same boat as soon as our business was compleated As several accidents intervened to pre|vent his being sent on board, I gave him my passport to return by land. Major Andre came on shore in his uni|form (without dis••ise) which with much reluctance at my particular and pressing instance, he exchanged for another coat. I furnished him with a horse and a saddle, and pointed out the route by which he was to re|turn: And as Commanding Officer in the department, I had an undoubted right to 〈◊〉〈◊〉 ••sact all these matters, which if wrong, Major Andre ought not to suffer for them.

But if, after this just and candid representation of Major Andre's case, the Board of General Officers adhere to their former opinion, I shall suppose it dictated by passion and resentment; and if that Gentleman should suf|fer the severity of their sentence I shall think myself ••d by everytie of duty and honour to retaliate on such unhappy persons of your army as may fall within my power, that the respect due to flags, and to the law 〈◊〉〈◊〉 nations, may be better understood and observed.

I have further to observe, that forty of the principal inhabitants of South Carolina have justly forfeited their lives which have hitherto been spared by the clemency of his Excellency Sir Henry Clinton who cannot in justice exten•• his mercy to them any longer, if Major Andre suffers; which, in all probability, will open a s••ene of blood at which humanity will revolt.

Suffer me to intreat your Excellency, for your own and the honour of humanity, and the love you have of justice, that you suffer not an unjust sentence to touch the life of Major Andre.

But if this warning should be disregarded and be suffer. I call heaven and earth to witness, that your Excellency will be justly answerable for the terrent of blood that may be spolt in consequence.

I have the honour to be, with due respect. Your Excellency's most obedient and very humble servant. B ARNOLD.

His Excellency General Washington.

General Robertson, after dispatching the above letters, left Dobbs's Ferry, and the same day returned to New-York.

During the interval between the 2d and 4th of October, General Washington's answer to the last application was expected, with great impatience. This delay, or rather inattention to the application, afforded much reason to fear for Major Andre's safety; and the encreasing anxiety of the Commander in Chief induced him to prepare another letter, which was to have been ac|companied with Capt. Sutherland's Narrative of that part of the subject which fell within his knowledge. The letter and narrative follow.

New-York, October 4th, 1780.

SIR,

I CONCEIVED I could not better or more fully explain my sentiments in answer to your Ex|cellency's letter of the 30th of September, respecting Major Andre, than by sending Lieu|tenant General Robertson to converse, if possible, with you, Sir; at least with some confidential officer from you. I cannot think Lieutenant General Robertson's conversation with General Green has entirely answered the purposes for which I wished the meeting. General Green's letter of the 2d instant to General Robertson, expresses, that he had reported to you, Sir, as far as his memory served, the discourse that had p••ssed between them, and that it had not produced any alteration in your opinion or determination concerning Major Andre.

I have, Sir, most carefully re••pe••used your letter of September 30th, which contains, indeed, an opinion of a Board of your General Officers, but is no respect any opinion or determination of your Excellency. I must remain, therefore, altogether at a loss what they may be, until you are so good to inform me, which I make no doubt of your Excellency's doing immediately. I will, Sir, in the mean time, very freely declare my sentiment, upon this occasion, which posi|tively are, that under no d••scription, Major Andre can be considered as a spy; nor by any usage of nations at war, or the custom of armies, can he be treated as such. That officer went at Ma|jor General Arnold's request from me to him, at that time in the American service, and Com|manding Officer at West-Point. A flag of tr••ce was sent to receive Major Andre, with which he went on shore, and met General Arnold To this period he was acting under my immediate orders as a military man. What happened after, was from the entire direction and positive orders of General Arnold, commanding at West-Point▪ And Major Andre travelled in his way to New-York, with passports from that American General Officer, who had an undoubted right to grant them. And here it may be necessary to observe, that Major Andre was stopped on the road, and on neutral ground, and made a prisoner two days prior to Major General Arnold's quitting the American service at West-Point. From all which I have a right to ass••rt, that Major Andre can merely be considered as a messenger, and not as a spy. He visited no posts, made no plans, held no conversation with any person, except Major General Arnold; and the papers found upon him were written in that General Officer's own hand-writing, who directed Major Andre to receive and deliver them to me. From these circumstances, I have no doubt but you, Sir, will see this matter in the same point of view with me, and will be extremely cautious of producing a prece|dent which may render the future progress of this unfortunate war liable to a want of that huma|nity, which I am willing to believe your Excellency possesses, and which I have always pursued. I trust, Sir, to your good sense, and to your •• b••ral••t for a speedy release of Major Andre, who, I am free to own, is an officer I extremely va••u••, and a Gentleman I very sincerely regard.

I enclose to you, Sir, a list of persons, among whom is a Gentleman who acted as the Ame|rican Lieutenant Governor of South-Carolina. A discovered conspiracy and correspondence with General Gates's army, have been a reason for removing these persons from Charlestown to St. Augustine. Being desirous to promote the release of Major Andre upon any reasonable terms, I offer to you, Sir, this Lieutenant Governor, Mr. Gads••en, for my Adjutant General; or will make a military exchange for him, should you, Sir, prefer it. Lieutenant General Robertson, in his report to me, mentions his having requested from your Excellency a copy of Major An|dre's letter to you, Sir, upon which seems to be grounded great matter of charge against him— given, as that letter might be considered, as a confession of his guilt as a spy. I have waited until this evening with some impatience for the copy of the Letter I mention, not doubting but your Excellency will send it to me. I have now to request you will, Sir, do so, and I shall pay to it every due consideration, and give your Excellency my answer upon it immediately.

I have the honour to be, &c. H. CLINTON.

His Excellency General Washington.

Captain Sutherland's Narrative.

Vulture, off Spiken Devil, October 5th, 1780.

SIR,

THE account Col. Robinson has given your Excellency of our transactions, during our late excursion, is so full and just in all its particulars, that there is very little left for me to add. But as they have been attended with such fatal consequences to Major Andre, I hope it will not be held improper if I beg leave to submit my own observations on the subject, at least so ••ar as they relate to his leaving the Vulture, and the light I then saw them in.

Your Excellency has already been informed, that on the night of the 21st of September, a Mr. Smith came on board with a flag of truce. The substance of hi•• order was, for himself and two servants to pass to Dobbs's Ferry and back again. He likewise had a written permission to bring up with him a Mr. John Anderson and boy, and a letter addressed to Col. Robinson: All these pa••ers signed B. Arnold.

Most of these circumstances I had been previously taught to expect; and I had also been in|formed that Major Andre was the person understood by Jo••n Anderson, and that he was to go on shore under that name, to hold a conference with General Arnold. Mr. Smith's powers ap|peared to me of sufficient authority; and as Major Andre's going under a fictitious name was at the particular request of the officer from whom they were derived, I saw no reason for supposing he, from that circumstance, forfeited his claim to the protection they must otherwise have afforded him. Clear I am that the matter must have appeared in the same light to him; for had it not, measures might have been concer••ed for taking him off whenever he pleased, which he very well knew I, at any time, was enabled to accomplish. I am likewise persuaded Mr. Smith's ideas perfectly coincided with ours; for when on the point of setting off, Col. Robinson observed, that as they had but two men in a large boat, they would find some difficulty in getting on share, and proposed that one of our's should tow them some part of the way; to which he objected, as it might, in case of falling in with any of their guard-boats, be deemed an infringement of the flag.

On my first learning from Major Andre, that he did not intend going on shore in his own name, it immediately occurred to me, that an alteration of dress might be likewise necessary; and I offered him a plain blue coat of mine for that purpose, which he declined accepting, as he said he had the Commander in Chief's direction to go in his uniform, and by no means to give up his character; adding, at the same time, that he had not the smallest apprehension on the occasion, and that he was ready to attend General Arnold's summons, when and where he pleased.

The night the flag was first expected, he expressed much anxiety for its arrival, and all next day was full of fear lest any thing should have happened to prevent its coming. The instant it arrived on the ensuing night, he started out of bed, and discovered the greatest impatience to be gone; nor did he in any instance betray the least doubt of his safety or success.

I own I was equally confident, nor can I now on the most mature consideration, find the least reason for altering my opinion. What, therefore, could possibly have given rise to so tragical an event, as has unhappily befallen Major Andre, is matter of the utmost surprize and concern to me.

I have the honor to be, &c. A. SUTHERLAND.

His Excellency Sir Henry Clinton.

The dispatch of these Letters was prevented by the arrival of Major Andre's servant with his master's baggage; and an account of Major Andre's having suffered the barbarous sentence of the Board of General Officers. He was executed at 12 o'clock, on the second day of October, and in the Rebel camp. In consequence of which, the Commander in Chief was pleased to issue the following orders to the army.

Head Quarters, New York, 8th October, 1780.

THE Commander in Chief does with infinite regret, inform the army of the death of the Adjutant General, Major Andre.

The unfortunate fate of this officer, calls upon the Commander in Chief to declare his opi|nion, that he ever considered Major Andre as a gentleman, as well as in the line of his military profession, of the highest integrity and honour, and incapable of any base action, or unworthy conduct.

Major Andre's death is very severely felt by the Commander in Chief, as it assuredly will by the whole army; and m••st prove a real loss to his country, and to his Majesty's service.

To this narrative of the transactions relating to Major Andre, it may be proper to subjoin some Remarks on his Case, which is so singular.

I. Major Andre was put to death, by the rebels, as a spy; but it is freely submitted to the candid, unprejudiced Reader, after he has perused the preceding Case, whether the charge was not groundless.

Spies are persons who insinuate themselves among an enemy, pry into their designs, and view their army, camp, or fortifications. The character of spies necessarily implies, and the nature of their business requires, that they should 〈◊〉〈◊〉 clandestinely, without the knowledge or privity of the enemy, especially of their principal Commanders; and they are generally allured to un|dertake this service by pecuniary rewards. Now every thing of this sort was foreign to Major Andre's design. His station placed him above such service; his business was of quite a different nature. He had been invited to a conference by Major General Arnold; and to hold that con|ference was his only object in going ashore from the Vulture. The place appointed for their in|terview was without the enemy's posts; Major Andre went ashore in his uniform, and in a boat 〈◊〉〈◊〉 as a flag of truce by General Arnold, the Commanding Officer of the district, to carry him; and he went with the intention of immediately returning when the conference was ended. Do any of these circumstances indicate the spy? Do they not evidently show that the character did not belong to Major Andre?

But the rebels assert that Major Andre did not go ashore in a flag of truce. This is repeatedly mentioned or insinuated in the "Proceedings of a Board of General Officers * 20.1," who tried and condemned Major Andre: it was also urged by General Green, in the conference with Lieu|tenant General Robertson. To prove the assertion, they alledge that the boat in which Major Andre went, had no white flag flying; and that Major Andre himself acknowledged to the Board of Officers.

it was impossible for him to suppose he came on shore under the sanction of a flag;

some expressions in his letter to General Washington, dated Salem, September 24, 1780 † 20.2, have been also urged to the same purpose.

But there it the clearest evidence from the express testimony of General Arnold, Colonel Re|binson, and Captain Sutherland, that Major Andre went ashore under the sanction of a flag. The boat indeed might not have had a white flag displayed; but the reason was, that it came in the night, when a white flag could not be seen, and was therefore useless.

Mr. Joshua Smith, who commanded the boat, was authorised by General Arnold, to go to the Vulture, and bring a shore the persons specified in his commission. This commission he pro|duced on board the Vulture; it was written by General Arnold, the officer who commanded on shore; and it constituted his boat a real flag of truce, whether it came by day or by night; whether it had, or had not, a white flag displayed. Thus exactly stands the case, which fully refutes the assertions of General Green, and the other rebel officers on this head. Indeed General Wash|ington, conscious that this assertion could not be maintained, abandons it, and gives the matter a different turn in his letter to the Commander in Chief, dated Sept. 30, 1780; although that turn makes no more against Major Andre, than the assertion that the boat was not a flag of truce.

Besides these, there are other circumstances which clearly prove that the boat to question was considered as a true, proper flag of truce. It is evident that Mr. Smith, was not privy to General Arnold's designs, and that he knew nothing of Major Andre' business. In this case, would be have ventured to go to an enemy's ship of war, had he not conceived himself to be under the sanction of a flag? Colonel Robinson intended to ••company Major Andre, but as his name was not mentioned in General Arnold's flag, he was last behind. When it was proposed to man the Vulture's boat, and assist in ••o••ing Mr. Smith's boat, which had but two men to ••ow it; Ma|jor Andre, and Mr. Smith, strongly objected to it, 〈◊〉〈◊〉 not consistent with the character of a flag. Can any thing be more evident than that this boat was a flag of truce, and was considered as such by 〈◊〉〈◊〉 p••tion?

Major Andre himself neither had, not could have any other sentiments of the matter at the time. He, equally with Mr. Smith, objected to the proffe••d assistance in towing them ashore by the Vulture's boat; he want in his uniform, and empressed the fullest confidence in his safety. In all this, did he not evidently act on the principle, and on a firm belief, that he want under the sanction of a flag, duty authorised by General Arnold?

Supposing then that Major Andre's printed letter to General Washington, is genuine in every part and expression (which however is doubtful); and supposing he made the above declaration to the Board of Rebel Officers, and in the sense i•• i•• alledged by them (which may also be questioned) yet this cannot change the nature of things. The boat in which he wont ashore, was certainly a flag of truce, and no subsequent expression or declaration of his could make it other|wise. It only shows that Major Andre reasoned ill from unquestionable facts, and admitted con|sequences which did not justly follow. This could only proceed from the embarassment of his situation, and of which his enemies, unge••ly availed themselves to effect his ruin. The candid heart of Major Andre, was too little versed in the mazy labyri•• the of deceit, to deal with such advers••. The drawing wrong conclusions to his own disadvantage, was a certaine proof of his candour. With men of honour and generous sentiments, this should have ••p••ted in his favour—with his judges it had the contrary affect.

It would be needless to dwell minutely on the other circumstances which are adduced by the rebels to support their charge against Major Andre, viz. that under a f••igned 〈◊〉〈◊〉, and in a dis|guised habit, he passed their works at Stoney and Verplank's Points, &c. See before p. 10.

I shall just observe, that the feigned name had been assumed by Major Andre, long before he left New-York; and for the the purpose of carrying 〈◊〉〈◊〉 a correspondence, not of acting the part of a spy —that the change of dress, so far as it took place, (for it was only partial) was made by the ex|press order of General Arnold, when Major Andre was in a district where that Gentleman com|manded—that in passing the rebel works at Stoney and Verplank's Points, Major Andre did no more than cross the North River at a common, public ferry, known by the name of King's Ferry, where all who travel that way are under a necessity of crossing, and near which those posts hap|pen to stand—and that he crossed the river there, with General Arnold's passports, in the evening,

(when he could not take a view of those posts) merely to return by that usual route to New-York, being prevented by an accident from returning to the Vulture, as he first intended.

To refute these, and other allegations of the sort urged by the rebels, no more is necessary than to declare the simple truth.—First; that all those circumstances took place, not only with the knowledge, but by the positive orders of General Arnold, who commanded in that district; which wholly exculpates Major Andre from the charge of a spy. I would beg leave to ask—Did not General Arnold command there at the time? While he was possessed of the command, had he not a right to issue his orders? Were not his orders and authority a just warrant and protection for Major Andre! And did they not exclude every idea of a spy? However the rebels might disapprove of General Arnold's conduct, could this affect Major Andre? When they are engaged in such a contest as the present, which threatens this country with utter ruin, and fervitude from France; can they think otherwise than that some of their Generals—influenced by principles of humanity and freedom, and desirous of averting that ruin and servitude—will abandon so infa|mous a cause, and return to their natural and rightful Sovereign, who offers peace, security, and freedom to this country? And is it right, that on these occasions, the innocent should suffer for those whom they may be pleased to 〈◊〉〈◊〉 guilty?

In the next place; that Major Andre neither intended, nor employed, any of those alleged circum|stances to serve the purposes of a spy. He did not, in truth, view the rebel army; he did not visit or enter into any rebel post; he did not con•• with any person except General Arnold, to confer with whom was the sole object of his going ashore; neither did he do any thing else to serve or act as a spy. On the contrary, there is the clearest evidence, that his business and designs were wholly different from those of spies, and consequently, that he was no spy. General Washington and the Board of rebel officers were no strangers to that evidence; let the world then judge of the equity of their decision and procedure.

I shall only add further on this head, that Major Andre, when returning to New-York, had General Arnold's passports, which that officer had certainly a right to grant. Major Andre was also taken on ground that was alternately traversed by parties from both armies; and was much nearer to the British post at Kingsbridge, than to any rebel post.

II. From the proceding case it appears that there was not only much precipitancy in the exe|cution of Major Andre; but a vein of low duplicity runs through the whole of the rebel proceed|ings in this business.

The Board of General Officers did not absolutely pronounce Major Andre to be a spy; but "reported—that he ought to be considered as a spy from the enemy." When Gen. Washington wrote to his Excellency the Commander in Chief, and tran••sitted the report of that Board, he gave "no opinion or determination of his own" on the report; of which Sir Henry Clinton takes notice in his letter to General Washington, of October 4th; and therefore professes himself

at a loss what they may be.

General Green in the conference at Dobbs's Ferry, amused Gen. Robertson with delusive hopes of Major Andre's safety; in so much that the latter wrote to the Commander in Chief, immediately after the conference,—

I am persuaded Andre will not be hurt.

Yet Andre's destruction was then resolved on; and he was executed whilst General Robertson lay off Dobbs's Ferry. Of a similar complexion was General Green's declaration at the same conference—"That the army must be satisfied by seeing spies executed:" When it ap|pears from the testimony of several rebel officers who were present at the execution, and of other spectators, that the rebel army in general was much disgusted and distressed at putting Major An|dre to death—many of the rebel soldiers melted into tears!

Such duplicity and tergiversation is very unbecoming men of honour in any case—in so serious a matter, where the life of a most worthy, innocent man, and the cause of humanity, were deeply concerned, it was highly criminal. The guilt on this occasion was the more aggravated, as the charge was falsely founded; and those who brought it, must have known it to be so. Every

judicious, unprejudiced person must be clearly of opinion, that General Washington and the Board of rebel officers did not, and could not believe that Major Andre was really a spy—unless it be urged in their behalf, that through habitual duplicity, and resigning themselves to the in|fluence of preju••ce and resentment, they lost, as sometimes happens, the power of distinguishing between appearances and reality, between truth and falshood. If they, or their friends, chuse to avail themselve•• of this plea, I have no objection; and proceed—

III. From General Washington's letters to the Board of officers, and to his Excellency, the Commander in Chief, it appears that he (Washington) had prejudged Major Andre's case. In the former, he desires those officers "to report—the punishment that ought to be inflicted." In the latter, he tells the Commander in Chief,

that Major Andre was taken in such circumstances as would have justified the most summary proceedings against him

—that is, would have judi|fied General Washington in hanging Major Andre immediately. If this was the case, what need of the trial by a Board of officers? Why was that force acted? The commander of an army is certainly competent to order the execution of as acknowledged spy. And had Gen. Washington proceeded thus summarily, it had been infinitely more pardonable, than the manner in which he has acted. In the former case, he would perhaps be charged with rashness and passion—the world will find a name for the latter.

General Washington is a very prudent man—he does those things with deliberation, which others do in heat. Conscious that the putting Major Andre to death, circumstanced as that gen|tleman was, must be attended with much blame; the prudent, deliberate General judged it best that others should take a share of that blame. In the Board of General Officers, he knew he had willing instruments for his purpose; and he thought that blame or guilt, when portioned out among many, like a divided stream, becomes less. Some people in the transports of rage, or disappointment, or on some trying emergency, will do what they would shudder at in the calm hour of reflection; but commend me as the man, who with affected moderation, steady tranquility, and cool deliberation, can do what no rage, however violent, no emergency, how|ever trying, can justify!

It may be fairly concluded, that General Washington was unalterably determined on Major Andre's death, from the beginning. He seems to have hurried on the execution, lest something should have intervened to thwart his purpose, and save that unfortunate gentleman—the•• was an interval of only two days between the trial and excecution. No sooner was the Commander in Chief appri••ed of the unjust sentence deno••d by the Board of Rebel Officers, than he dis|patched three gentlemen of high rank in the military and civil lines, to give a true state of facts; only one of them was permitted to come ashore, and hold a conference of a few minutes with General Green. All that was then urged—and enough was urged to sway any one that was not predetermined, and deaf to the evidence of truth—

made no alteration in General Wash|ington's opinion and determination.

General Robertson in that conference, and in his letter to General Washington, proposed—

that disinterested Gentlemen of knowledge in the law of war and nations might be asked their opinion on the subject; and he mentioned General Kayp|hauson and Monsieur Rochambault;

but this was rejected—the hazard of saving Major Andre by such an equitable decision, was too great.

The Commander in Chief, anxious for the safety of his Adjutant-General, and not appre|hending that his execution would be pushed on so rapidly, wrote to General Washington, October 〈◊〉〈◊〉; and in that letter, his Excellency stated Major Andre's case in the clearest manner, and evinced his in••nce by unanswerable arguments; but the prudent General neither wanted nor waited for the ••mation. Major Andre's servant, who had been a mournful spectator of his master's fate, re••d to New-York, before the letter could be dispatched; for as the communi|cation was by 〈◊〉〈◊〉, it was frequently interrupted by winds and tides.

In addition to all this, it should be observed, that the report of the Board of officers laid no necessity on General Washington to hurry Major Andre's execution, or to put him to death; he had it fully in his powder to save him, notwithstanding their report; and there is no evidence that the Congress interfered in the matter, or gave any order that Major Andre should be put to death. So that General Washington should be considered as the MURDERER of Major Andre. This, I may venture to say, is the opinion of every Loyalist in America — it must be the opinion of all impartial people, in every part of the world, who know or read Major Andre's Case.

Whatever may be the consequences of Major Andre's execution, (and many that are bad may follow) one is certain—it has fixed an indelible stain on General Washington's character— a stain which no time can efface. The reflection that he doomed this innocent and worthy Gen|tleman to death, merely to serve the views of ambition and policy, must imbitter all his future enjoyments. His name will be transmitted to posterity with this hateful circumstance—that he was the unrelenting MURDERER of Major Andre.

IV. It is inconceivable that personal resentment against this Gentleman could instigate Gen. Washington to act thus. Nothing of this sort appears; and so far as any thing that was personal might interfere, the gentle and winning manners of Major Andre would disarm, rather than provoke resentment, had he been a prisoner among the most savage of mankind. Some other cause therefore must have operated, and produced so base a conduct.

Major Andre himself has hinted that "he was the victim of policy." But of what policy? Not of any certainly that tended to the honour of the American army, or advantage of the American colonists. It was no proof of valour in the former, or that they were engaged in a just cause; neither was the doing an ill and cruel thing any indication of fortitude in their leaders. True valour and fortitude are always generous and humane; cowardice is the reverse—it is cruel and unforgiving. The tears shed by the rebel soldiers on the occasion, did them honour, and exculpated them from any share in the guilt: and after thus sympathizing with this brave man, unjustly put to death, how can they be attached to the leader who is stained with his blood?

With regard to the Colonists at large, this affair must prove injurious, by its tendency to raise a spirit of retaliation in the British army. Who can tell what numbers of the Colonists in rebel|lion may suffer death on this account, who might otherwise be spared? An inceased soldiery cannot always be restrained; to say nothing of the retaliation which this step will not only justify, but demand.—On the other hand, much good and many benefits both to the rebel army and Colonists would have accrued from lenity, or even shewing justice to Major Andre. It would have given rise to acts of mutual humanity, have prevented the effusion of blood, and thereby softened the horrors of this unnatural war.

If then there was policy in the case, as undoubtedly there was, it could only relate to General Washington. What the object was which this political stroke aimed at, we are now to enquire; and probably the letter of Colonel Hamilton (General Washington's aide de camp) to Captain Sears, lately intercepted, may lend a clue that will guide us to the true object. Many a dark scheme of policy has been unravelled and brought to light by such accidents. That letter is dated in October, near the time when Major Andre was executed; it was written by General Washing|ton's confidential friend, and therefore we cannot doubt of its containing that General's senti|ments; and it is written to a man who, from the beginning of this rebellion, is well known to have been a tool, employed by abler heads, to carry on the schemes of revolt, and forward mea|sures that were new and difficult in the execution; by bellowing at popular meetings, and pre|paring people's minds for the reception of those schemes and measures.

From that letter we learn, that the leaders of this rebellion find themselves still in want of many things which are essential to their system, and necessary to accomplish their purpose; for the Colonel declares "it is impossible the contest can be much longer supported on the present

footing." The articles they have not yet, but must have soon, are many; though one seems particularly necessary; and to prevent any alarm by the proposal of it, it is very dexterously dis|guised, diversified, and shuffled in among others which are seemingly harmless. The Colonel asserts,

we must have a government with more power—we must have an administration dif|ferent from Congress, and in the hands of single persons under their orders.

Affairs in America, are now verging to that point which had long since been foreseen; and which the experience of mankind, in similar situations, had taught us to expect. Popular li|centiousness has scarcely ever failed to end in the despotism of ONE. This is the natural course of things, and is unavoidable. The power that is dispersed among the people, is feeble, because it is divided. To exert it with effect, it must be collected, like the rays of the sun in a focus, and concentrated in one. The circumstances which casually rise in such struggles as the present, point out the necessity of the measure; and this again gradually reconciles some people, however averse from it in the beginning; and imposes on others the necessity of submission, having no other alternative to chuse. This was the case in Rome, in England; and it would be the case in America, were the present rebellion to succeed.

General Washington has sagacity enough to perceive this, and that matters cannot long re|main as they now are. The prudent General avails himself of the confusions in which he has kindly assisted to involve his country. To support the present contest, some one person must be vested with supreme power; a power that will pervade all the American States, and call forth their united force; which, in their present democratic, disjointed form, cannot be so vigorously exerted. Or to use Colonel Hamilton's words

they must have a government with more power—they must have an administration different from Congress.

But who can with more propriety, or greater probability of success, look up for an investiture in that authority, power or administration, whether under the name of King, Protector, or Dictator, than General Washington himself? In these times however, when so many are shaken in their attachment to Congress, by the pressure of calamities, that are still increasing; and by the prospect of inevitable ruin and slavery to America, on the rebel plan; it was necessary for General Washington to give the Congress, and the determined rebels out of Congress, on whom he more depends, the fullest proof of his firm adherence to their cause: It might also be conve|nient to create a further necessity for the office of King or Dictator, by pushing matters to greater extremities. Now what can be conceived more happily adapted to all these purposes, than the putting Major Andre, Adjutant-General of the British army, to death? On this view of the matter, his innocence and rank, instead of saving him, pleaded strongly against him; they were incentives to punish, and insured his destruction. For according to the well known maxim of the rebels, the greater sacrifice a man makes of loyalty, honour, justice, gratitude, &c. in their behalf, he is deemed so much the more meritorious, and a truer friend to their cause.

If all those circumstances are duly weighed, compared, and laid together, they will fairly ac|count for the treatment that Major Andre met with; and this inference will naturally follow, that he fell a victim to General Washington's ambition.

V. The execution of Major Andre gave general disgust even to the rebels. It is a certain fact, that many of them have pronounced it a rash, ill-judged step; and that the evidence against him even according to their own account, did not justify such severity. They have also expressed their apprehensions of re••aliation, and other bad consequences, without any visible benefit, or probable advantage from such unrelenting rigour. And although General Washington, took prudent measures to impart a share of the blame to others, and shift it as much as he could from himself; yet ••till he was considered as the principal actor in the tragedy, and the most guilty in this dark business.

The prudent General and his adherents were conscious of this, and have used some expedients to ward off the inconveniences that might arise from it. Among other advocates, a trusty friend (supposed to be Colonel Hamilton) stepped forth, and wrote a letter which was artfully calcu|lated

for the purpose, and has been circulated by the rebel news-papers, through every part of the continent that owns the sway of Congress * 21.1.

The letter-writer attempts to justify all the proceedings against Major Andre; he affects to treat with ridicule the arguments that were offered in his behalf; but we must beg his pardon for not being complaisant enough to be laughed out of the principles of humanity, justice and truth. At the same time, he says many handsome things of Major Andre, and is even lavish in his praise. Another letter-writer, who figures under the signature of Z, and is embarked in the same design with the former, bestows many encomiums on Major Andre; and tells us— "Ge|neral Washington admired Major Andre, and shed tears at his death."

Now all this was to do wonders among the credulous populace. Their scruples and imputa|tions must instantly vanish; for how could they imagine that General Washington, whose Aide de Camp, and other friends, said such fine things of Major Andre, could treat that gentleman with cruelty or injustice? Or that he could weep, like the Crocodile, over the victim he had destroyed?

The Letter-writer (supposed to be Colonel Hamilton) asserts—

Never perhaps did a man suffer death with more justice, or deserve it less,

than Major Andre. I cannot descend to verbal criticism; and shall therefore only observe, that both parts of this assertion cannot be true.— Justice awards to every man what he deserves. If Major Andre suffered death with justice, he certainly deserved it; if he did not deserve it, the injustice is evident. This instance shews how difficult it is even for a man of sense to preserve a consistency, when vindicating a cause which has neither truth nor justice to support it.

But perhaps another assertion of his may help to clear up the matter.

Arnold, or he (Andre) must have been the victim; the former was out of our power;

there was no way of saving Andre.

By what train of ideas the conclusion is here connected with the pre|misses, this gentleman has not been pleased to inform us. For my part, I can see no connection or relation between them. Supposing that General Arnold was guilty, according to the letter-writer's judgment; was this a good reason why Major Andre, whom he deems innocent, should suffer, only because the former was out of their power? This gentleman allows that Major Andre did not deserve death; and in many passages of his letter, he grant, in effect and by necessary deduction, that he was no spy. If he was not, why was he put to death as a spy? Why suffer what he did not deserve? This is what I condemn, and what the world will condemn, as a most flagrant piece of injustice and barbarity.

But justice according to rebel ideas, and as applied by the rebel leaders to the present case, means no more, it seems, than that one or other of those men must be a victim—sic volo, sic jubeo; and because the one, who, in their estimation, deserved to be the victim, happened to be out of their reach; the other, who, in their estimation, deserved it not, must suffer, as the sub|stitute of the former!

This, I presume, is one of those

authorised maxims of war, which are the satire of human nature,

a most keen satire indeed on all who dare avow and practice such; ambition is their only guide, the sword their law, arbitrary will their rule of justice, superior force their right, and self-interest the spring of all their actions. Were such maxims universally adopted, all honour, justice, gratitude and integrity, would soon be banished from the earth. In truth, this gentleman undertook a task which was above his, or any other man's abilities, viz. To vindicate General Washington from the charge of injustice and cruelty to Major Andre; and yet do justice to Ma|jor Andre.

VI. The letters and proceedings which have been brought to public view in Major Andre's Case, throw much light on the state of things here. Among other matters deserving of notice, we perceive how very different the spirit and principles are, which actuate the Commander in Chief and the British officers, from those which influence the Rebel Chief and his associate leaders. How striking a contrast is the humane procedure on the one side, to the outrage and barbarity on the other! The one, pleading for, and asserting the rights of humanity and justice; the other, insulting and trampling on those rights! The one, urging that a mutual exchange of kind offices might take place to soften the horrors of war; the other, spurning those over|tures, and persisting to do what must increase these horrors! The one demonstrating the since|rity of their professions by sparing lives that were forfeited to justice; the other, evincing their unfeigned malignity, by putting those to death who were innocent!

Capt. Robinson, an acknowledged spy, was taken, and delivered to the Commander in Chief: General Washington requested that he might be considered, not as a spy, but a prisoner, and be exchanged; which was humanely granted. We see the return that was made in the case of Major Andre. He was no spy; yet contrary in the most earnest importunities, and the dictates of justice, he was put to death.

The bad conduct of a great number of the principal rebel prisoners in Charlestown lately, who were admitted to a parole, might perhaps have

justified the most summary proceedings against them.

But these men, even in an hour of danger, were treated with lenity. Their corre|spondence with the rebel army, and other circumstances, which were positive branches of parole, and a violation of the laws of hospitality, as well as of those of war, drew from the King's officers in Charlestown no other treatment than sending them first on board ship, and afterwards to St. Augustine.

At this moment, there are many person•• 〈◊〉〈◊〉 our power, who by the laws of war, might have long since been justly executed.

If the reader would see another instance of the humane and generous procedure on the King's side, let him look into the Appendix that is annexed. A man who has any sentiments of delicacy will probably be surprized, that immediately after the execution of Major Andre, Gen. Wash|ington should apply to the Commander in Chief, and request a favour. Yet this was actually done four days only after that tragical event!—If the mind is disgusted at such a request under those circumstances; it must also be filled with admiration at the answer that was returned. The neglect shewn by General Washington to prior applications from the Commander in Chief, and on a subject very interesting to him, would have justified the latter in showing an equal neglect on this occasion. But where the cause of humanity was concerned, all difficulties instantly vanished.

An answer was immediately returned to General Washington's letter; and the assurances it contained,—

that Lord Cornwallis would not stain the lustre of the King's arms with acts of cruelty,—that his Lordship is incapable of straining the laws to take away the lives and liber|ties of the innocent—that if any forced construction be put upon the laws by his Lordship, it

will be in favour of the accused—and that every plea their friends can offer for them, will be humanely heard and respected

—These assurances, I say, whilst they reflected the highest honour on the author, must have stung General Washington to the heart, since his own conduct had lately been just the reverse of all this; the blush of conscious guilt must have reddened his check, whilst he read them.

The difference, so manifest in all those cases, should not be referred to causes that are personal only; although they have very great weight, as might be evinced, did not delicacy forbid me to enlarge on them. One cause is obvious, and should not be passed over. The Commander in Chief acts by the orders, and is the representative, of a most amiable Sovereign, who wishes to reclaim, and not destroy, his deluded subjects: His antagonist is an usurper, raised by the caprice of fortune to a station which he could not have reasonably aspired to —his conduct is such as might be expected from that character; and from one who is in the pay and service of France;* 21.2 and by the assistance of France, aims at sovereignty. The claims of rightful sovereigns are founded in justice and truth; to assert those claims, they need not depart from the rules of honour and humanity; for these will best serve, and are most suitable to their purpose: Usurpers invade the rights of others; breach of faith, persecution, carnag•• and cruelty must therefore mark their progress; for these only can insure success to their ambitious views.

Every friend to humanity must lament that the mild and generous spirit of Government has not met with more deserving objects—that hitherto its advances towards reconciliation and peace have been lost on the rebels, who have ascribed them to fear and pufilanimity. In this, they probably judge of others by themselves; for those who have no generous sentiments of their own, will scarcely recognize them in others. With their loyalty, the leaders of this rebellion seem to have renounced all regard to humanity, justice and truth; as might be proved by a thousand instances, besides the case of Major Andre. To those who are not acquainted with their principles and proceedings, a just character of them would appear little better than satyr and invective. But it may be averred with the strictest truth—that insolence in prosperity, or where they have power—crouching meanness in adversity, and duplicity in both, are their estab|lished characteristics. On such men, there can be no other tie than that of Fear.—Nothing else can restrain or bind them.

Lord Clarendon, in the motto prefixed to these papers, observes,

that if there were no other brand upon the odious and accursed civil war of his time, than the single less of Lord Falkland, it must be most infamous and execrable to all posterity.

Lord Falkland was accidentally killed in battle: Major Andre, contrary to every principle of justice and humanity, was deliberately, put to death by the leaders of this rebellion; and his character greatly resembled that of Lord Falkland, as it is described by the noble historian. How much more infamous and execrable must the present rebellion be therefore in this respect, than the former!

Lord Falkland and Major Andre were both cut off in the bloom of life, and when the highest ex|pectations were entertained of them. Both were possessed of an uncommon share of genius—a taste for the liberal arts—a lively fancy—a solid judgment, improved by extensive reading. Elevated sentiments, an high sense of honour, strict integrity, and a courage bordering on temerity, distin|guished each. An engaging sweetness in conversation, ease and dignity of manners, and a most o•• 〈◊〉〈◊〉 respectful behaviour to others, were conspicuous in both, which gained the affection and eff•• of all around them. Both were zealously engaged in the service of their respective Princes. Lord Falkland hoped that one decisive battle would te••minate the calamities of his country; and hence he plunged incautiously into danger, contrary to the advice of his friends: Major Andre, influenced by a similar principle, exposed himself too much to an ungenerous enemy. His zeal

to effect a measure which he thought would go far towards terminating this destructive rebellion, without the effusion of blood, induced him to depart from the orders of his General, and over|look the danger that threatened. Both these illustrious persons fell, equally lamented by their friends, and revered by their enemies.

A few particulars concerning the capture and execution of Major Andre, shall close these remarks.

He was stopped, in his return to New-York, at Tarry Town, a small village on the eastern bank of Hudson's River, about fifteen miles from Kingsbridge, by three peasants, whose names were Paulding, Van Wert, and Williams. Major Andre asked them some questions, and their answers led him to believe they were loyalists. This induced him to declare himself a British officer, and prevented his shewing General Arnold's passport at first, which would have secured him from interruption. The glory of apprehending a British officer, and the prospect of a high reward, made them deaf to every remonstrance—they carried him to a Col. Jameson of the rebel militia, by whom he was conveyed to General Washington. All the particulars of any conse|quence, that intervened between this and his execution, are mentioned in the narrative of his case.

Among other amiable qualities, Major Andre had the nicest feelings of honour and decorum. Though perfectly resigned, when his doom was announced, yet he was shocked at the thought of dying on a gibbet. Provided he was put to death, and made the victim of policy, he did not conceive that the mode of his death could be an object of any moment to his enemies. Filled with this fond opinion, he wrote to General Washington the following letter, in which we re|cognize the delicacy of sentiment, and manly fortitude which distingushed the author.

TAPPAN, October 1, 1780.

SIR,

BUOY'D above the terror of death, by the consciousness of a life devoted to honourable pursuits, and stained with no action that can give me remorse, I trust that the request I make to your Excellency at this serious period, and which is to soften my last moments, will not be rejected.

Sympathy towards a soldier will surely induce your Excellency, and the military tribunal, to adapt the mode of my death to the feelings of a man of honour.

Let me hope, Sir, that if aught in my character impresses you with esteem towards me, if aught in my misfortunes marks me as the victim of policy, and not of resentment, I shall expe|rience the operation of these feelings in your breast, by being informed that I am not to die on a gibbet.

I have the honour to be your Excellency's Most obedient and most humble servant, JOHN ANDRE, Adj. Gen. to the British army.

The perusal of this letter awakens every tender emotion of the heart. The time, the subject, the request, the manner in which it is made, and the person who makes it, all conspire to interest us. What must we think of the heart that was impenetrable to such a request! And how must every feeling of humanity be shocked, when we learn that this last request was barbarously refused—this indulgence cruelly denied—an indulgence which had been granted a thousand times before on similar occasions! The letter was not even answered; and Major Andre was not apprized that he must undergo the only thing he dreaded, till the moment he w••ed forth to execution! On seeing the gibbet, which was placed full in view of General Washington's quar|ters, and at a small distance, as if the sight afforded him pleasure—Major Andre started—

Must I then die, he exclaimed, in this manner?

On being assured that his fate and the mode of it were unavoidable,—"I am reconciled to my fate, says he, but not to the mode;" and after pausing a little, he added—"It will be but a momentary pang."

That dignity and firmness which accompanied him through every former stage of life, forsook him not in his last moments. There are many instances where executioners have been so struck

with the commanding aspect and behaviour of those they were sent to execute, that they were unable to do their office. Something similar happened, we are assured, at Major Andre's death. The executioner trembled, and was so appalled, that he could not proceed. In consequence of this, an eye witness relates, that Major Andre —

springing upon the cart, performed the last offices to himself with a composure that excited the admiration, and melted the hearts of all the be|holders—in the midst of his enemies, he died univer••ally esteemed, and universally lamented.

* 22.1

Although Major Andre was thus praised by the rebels, (as he had been put to death) to serve the purposes of ambitious policy; yet this 〈◊〉〈◊〉 not detract from the testimony here given; because it was extorted by the force of truth and conviction. His tranquillity and intrepid be|haviour at the approach of death, were suitable to his character and greatness of mind; and what all who knew him, would naturally expect. For in few individuals were so many amiable qualities—in few were so many and great virtues, united.

Notes

• * 20.1

  Lately published in Philadelphia, since 〈◊〉〈◊〉 printed in New-York.
• † 20.2

  As this Letter is not inserted in the 〈◊〉〈◊〉 Case, and the Reader would probably wish to see it it is here given from the printed copy published by the Rebels. Whether every expression in that copy be genuine, may perhaps admit of a doubt.

  Salem, 24th September, 1780.

  SIR.

  WHAT I have as yet said concerning myself, was in the justifiable attempt to be extricated; I am too little accustomed to dupl••city to have succeeded.

  I beg your Excellency will be persuaded, that no alteration in the temper of my mind, or appre|hension for my safety, induces me to take the step of addressing you, but that it is to secure myself from an imputation of having assumed a mean character for treacherous purposes or self interest. A conduct incompatible with the principles that actuated me, as well as with my condition in life.

  It is to vindicate my fame that I speak and not to solicit security.

  The person in your possession is Major John Andre, Adjutant-General to the British army.

  The influence of one Commander in the army of his adversary is an advantage taken in war. A correspondence for this purpose I held; as confidential (in the present instance) with his Excellency Sir Henry Clinton.

  To favour it, I agreed to meet upon ground not within posts of either army, a person who was to give me intelligence; I came up in the Vulture man of war for this effect, and was fetched by a boat from the shore to the beach: Being there, I was told that the approach of day would prevent my return, and that I must be concealed until the 〈◊〉〈◊〉 night. I was in my regimentals and had fairly risked my person.

  Against my stipulation, my intention, and without my knowledge before hand, I was conducted within one of your posts. Your Excellency may conceive my sensation on this occasion, and will imagine how much more must I have been affected, by a refusal to reconduct me back the next night as I had been brought. Thus become a prisoner, I had to concert my escape. I quitted my uniform, and was passed another way in the night without the American posts to neutral ground, and informed I was beyond all armed parties, and left to p••se 〈◊〉〈◊〉 New-York. I was taken at Tarvy 〈◊〉〈◊〉 by some volunt••rs.

  Thus, as I have had the ••our to 〈◊〉〈◊〉, was I betrayed (being Adjutant General of the British army) into the vile condition of an 〈◊〉〈◊〉 in dis•• within your posts.

  Having avowed myself a British officer, I have nothing to reveal but what relates to myself, "which is true on the honour of an officer and a gentleman.

  The request I have to make your Excellency, and I am conscious I address myself well, is, that in any rigor policy may dictate, a decency of conduct towards me may mark, that though unfortunate, I am branded with nothing dishonourable, as no motion could be mine but the service of my King, and as I was involuntarily an impostor.

  Another request is, that I may be permitted to write an open letter to Sir Henry Clinton, and "another to a friend for cloaths and linen.

  I take the liberty to mention the condition of some gentlemen at Charlestown, who being either on parole or under protection, were engaged in a conspiracy against us. Though their situation is not similar, they are objects who may be s••t in exchange for me, or are persons whom the treatment I re|ceive might affect.

  It is no less, Sir, in a confidence in the generosity of your mind, than on account of your superior station, that I have chosen to importune you with this letter.

  I have the honour to be, with great respect, Sir, Your Excellency's most obedient and most humble servant, JOHN ANDRE, Adjutant General.

  His Excellency General Washington, &c. &c. &c.
• * 21.1

  See a very long letter, which common same gave to this gentleman, and from many circumstances the presumption is strong that it was his. It was published in the rebel news papers soon after Major Andre's execution; and gives a detail of his capture, trial, and death; with several circumstances attending each, which were not known to us before. In general, facts are stated in this letter with tolerable candour, but they are tortured to conclusions which they will not bear. To give some plausibility to his reasoning, this gentleman observes—

  The authorised maxims and practices of war, are the satire of human nature

  He speaks from experience, and what he has seen; having never served in any war but the present, and in no army but that of the rebels; and with respect to them the observation is true. But the civilised nations of Europe, wage war in another manner, and on very different maxims; and I may affirm with General Robertson,

  That no military casuist in Europe, would call Major Andre, a spy.
• * 21.2

  General Washington is a Lieutenant General and an Admiral in the French service.
• * 22.1

  See the letter before mentioned, supposed to be Col. Hamilton's; to which I acknowledge myself indebted for some of these anecdotes.