illegible
The Marquis de Lafayette
New-York, Sept.30. 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, can't have been rightly informed of all the circumstances on which a judgment ought to be formed. I think it of the highest moment to humanity, that your Excellency should be perfectly apprized of the state of this matter, before you proceed to put that judgment in execution.
For this reason, I shall send His Excellency Lieut. General Robertson, and two other gentlemen, to give you a true state of facts, and to declare to you my sentiments and resolutions. They will set out to-morrow as early as the wind and tide will permit, and wait near Dobbs's ferry for your permission 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, your Excellency's Most obedient and most humble servant,H. CLINTON.
P. S.The Hon. Andrew Elliot, Esq., Lieut. Governor, and the Hon. William Smith, Chief Justice of this province, will attend His Excellency Lieut. General Robertson.
H. C.
His Excellency General Washington.
Lieut. General Robertson, Mr. Elliot, and Mr. Smith came up in a flag vessel to Dobb's ferry, agreeable to the above letter. The two last were not suffered to land. General Robertson was permitted to come on shore, and was met by Major General Greene, who verbally reported that General Robertson mentioned to him in substance what is contained in his letter of the 2d of October to General Washington.
New York, Oct.1, 1780.
SIR,
I take this opportunity to inform your Excellency, that I consider myself no longer acting under the commission of Congress; Their last to me being among my papers at West Point, you Sir, will make such use of it, as you think proper.
At the same time, I beg leave to assure your Excellency, that my attachment to the true interest of my country is invariable, and that I am actuated by the same principle which has ever been the governing rule of my conduct, in this unhappy contest.
I have the honour to be, very respectfully, Your Excellency's most obedient humble servant,B. ARNOLD.
His Excellency General Washington.
Greyhound Schooner, Flag of Truce,Dobbs's Ferry, October2, 1780.
SIR,
A note I have from General Greene, leaves me in doubt if his memory had served him, to relate to you with exactness the substance of the conversation that had 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 Greene.
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 step while on shore but by 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, for any 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 cloaths and name was ordered by General Arnold, under whose direction he necessarily was, while within his command. As General Greene and I did not agree in opinion, I wished, that disinterested gentlemen of knowledge of the law of war and nations, might be asked their opinion on the subject; and mentioned Monsieur Knyphaufen, and General Rochambault.
I related that a Captain Robinson had been delivered to Sir Henry Clinton as a spy, and undoubtedly was such; but that it being signified to him that you were desirous that this man should be exchanged, 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 horrors. I admitted that Major Andre had a great share of Sir Henry Clinton'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 Clinton had never put to death any person for a breach of the rules of war, though he had, and now has, many in his power. Under the present circumstances, much good may arise from humanity, much ill from the want of it. If that could give any weight, I beg leave to add, that your favourable treatment of Major Andre, will 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 Greene 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, your Excellency's Most obedient and most humble servant,JAMES ROBERTSON.
His Excellency General Washington.
New York, October1, 1780.
SIR,
The polite attention shewn by your Excellency and the Gentlemen of your family to Mrs. Arnold, when in distress, demand my grateful acknowledgment and thanks, which I beg leave to present.
From your Excellency's letter to Sir Henry Clinton, I find a Board of General Officers have given it as their opinion, that Major Andre comes under the description of 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, that 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 go to Dobbs's ferry to carry letters, and for other purposes not mentioned, and to return. This was done as a blind to the spy boats; Mr. Smith at the same time had my private directions to go on board the Vulture, and bring on shore Col. Robinson, or Mr. John Anderson, which was the name I had requested Major Andre to assume; At the same time I desired Mr. Smith to inform him, that he should have my protection, and a safe passport to return in the same boat, as soon as our business was compleated. As several accidents intervened to prevent his being sent on board, I gave him my passport to return by land. Major Andre came on shore in his uniform (without disguise) which with much reluctance, at my particular and pressing instance, he exchanged for another coat. I furnished him with a horse and saddle, and pointed out the route by which he was to return. And as commanding officer in the department, I had an undoubted right to transact all these matters; which, if wrong, Major Andre ought by no means 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 suffer the severity of their sentence, I shall think myself bound by every tie 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 of 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 extend his mercy to them any longer, if Major Andre suffers; which in all probability will open a scene 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 he suffer, I call heaven and earth to witness, that your Excellency will be justly answerable for the torrent of blood that may be spilt 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.
Washington, Lafayette and Greene
Brig. Gen. Glover
Maj. Gen. John Stark
Tappan, Oct.1, 1780.
SIR,
Bouy'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 a military tribunal to adopt the mode of my death to the feelings of a man of honour.
Let me hope, Sir, that if ought in my character impresses you with esteem towards me, if ought in my misfortunes marks me as the victim of policy and not of resentment, I shall experience 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 time which elapsed between the capture of Major Andre, which was on the morning of the 23d of Sept. and his execution, which did not take place till 12 o'clock on the 3d of October;—the mode of trying him;—his letter to Sir Henry Clinton, K. B. on the 29th of September, in which he said, "I receive the greatest attention from his Excellency General Washington, and from every person under whose charge I happen to be placed;"—not to mention many other acknowledgments which he made of the good treatment he received;—must evince, that the proceedings against him were not guided by passion or resentment. The practice and usage of war were against his request, and made the indulgence he solicited, circumstanced as he was, inadmissible.
Published by order of Congress,
CHARLES THOMSON,Secretary.