A CORRESPONDENCE having been carried on, for some time, between the Comman­der 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 Gene­ral, with much difficulty, and at great hazard, escaped.

Although this interview was defeated, and the good consequences that might have been ex­pected from it, at least delayed, the object was considered as of too much importance to be relin­qu [...]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 Ge­neral 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 know­ledge 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 [Page 6] 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 ap­pointed.’ 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.

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 cau­tion that became the dignity of command, or the milder affection of friendship. He was ex­pressly 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.

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.

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 in­teresting 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 su­spect 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 disa­greeing 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 Ha­verstraw, 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 [Page 8] 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.

On Monday the 25th, General Arnold arrived on board the Vulture, and made Colonel Ro­binson 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, con­trary 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 re­ported 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 Sir Henry Clinton's letter to General Washington, enclosing the preceding one.

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

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 opi­nions 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 Lieu­tenant 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 deputa­tion 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.

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 Ro­bertson alone was permitted to land. General Green was the person appointed to meet his Ex­cellency in conference; the purport of which is clearly related in the following letter from the latter to the Commander in Chief.

[Page 12]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 mor­ning, when they were alarmed at a short note which came from General Green.

However painful the language of this note might have been to the feelings of General Robert­son, 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 Ge­neral 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, 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 ac­companied with Capt. Sutherland's Narrative of that part of the subject which fell within his knowledge. The letter and narrative follow.

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.

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 un­dertake 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 con­ference was his only object in going ashore from the Vulture. The place appointed for their in­terview 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 ^*," who tried and condemned Major Andre: it was also urged by General Green, in the conference with Lieu­tenant 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 ^†, have been also urged to the same purpose.

[Page 17]But there it the clearest evidence from the express testimony of General Arnold, Colonel Re­binson, 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.

[Page 18]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 pro­duced 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 Wash­ington, 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; Ma­jor 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 other­wise. It only shows that Major Andre reasoned ill from unquestionable facts, and admitted con­sequences 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 dis­guised 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 ex­press order of General Arnold, when Major Andre was in a district where that Gentleman com­manded—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 hap­pen to stand—and that he crossed the river there, with General Arnold's passports, in the evening, [Page 19] (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 infa­mous 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 circum­stances 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 exe­cution of Major Andre; but a vein of low duplicity runs through the whole of the rebel proceed­ings 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 ap­pears 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 An­dre 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 [Page 20] 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 in­fluence 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 judi­fied 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 gen­tleman 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, how­ever 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 dis­patched 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 Wash­ington'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 Kayp­hauson 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 appre­hending 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 communi­cation was by [...], it was frequently interrupted by winds and tides.

[Page 21]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 Gen­tleman 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 rebel­lion 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 Washing­ton's confidential friend, and therefore we cannot doubt of its containing that General's senti­ments; 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 mea­sures that were new and difficult in the execution; by bellowing at popular meetings, and pre­paring 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 [Page 22] 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 dis­guised, 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 dif­ferent 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 li­centiousness 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 re­main 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 conve­nient 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 ac­count 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 calcu­lated [Page 23] for the purpose, and has been circulated by the rebel news-papers, through every part of the continent that owns the sway of Congress ^*.

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— "Ge­neral Washington admired Major Andre, and shed tears at his death."

Now all this was to do wonders among the credulous populace. Their scruples and imputa­tions 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 pre­misses, 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 sub­stitute of the former!

[Page 24]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 Ma­jor 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 over­tures, and persisting to do what must increase these horrors! The one demonstrating the since­rity 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 corre­spondence 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. Wash­ington 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 liber­ties of the innocent—that if any forced construction be put upon the laws by his Lordship, it [Page 25] 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; ^* 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 estab­lished 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 ex­pectations 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, distin­guished 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 [Page 26] 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 over­look 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 conse­quence, 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 re­cognize the delicacy of sentiment, and manly fortitude which distingushed the author.

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 quar­ters, 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 [Page 27] 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 be­holders—in the midst of his enemies, he died univer [...]ally esteemed, and universally lamented.’ ^*

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 be­haviour 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.