Ineffectual Attempts to procure the Release of Major AndrÈ.--His
Execution.--The Captors of AndrÈ.--Joshua H. Smith.--Captain Nathan
Hale.
Notwithstanding the equity of the sentence against AndrÈ, and the
irresistible testimony upon which it was founded, his rank and character
excited so lively an interest in every breast, and there were so many
extenuating circumstances connected with the manner in which he had been
seduced into the snare, that the voice of humanity pleaded loudly in
his behalf, and the sternest advocate for justice could not regard his
impending fate without regret, or a wish that it might be averted. No
one was more deeply impressed with these feelings than Washington; and
his anxiety was the greater, as the final determination of punishment
or acquittal must rest with him. Washington never shrunk from a public
duty, yet his heart was humane, and his mind revolted at the thought
of being the agent in an act, which wounded his sensibility, although
impelled by the laws of war, a sense of right, and an approving
conscience. The treachery of Arnold had been so atrocious, so unexpected
and artfully contrived, and the example was so dangerous, that the most
signal punishment was necessary, not more as a retribution due to the
crime, and a terror to others, who might harbor similar designs, than as
a proof to the people, that their cause was not to be left to the mercy
of traitors, nor sacrificed with impunity.
In this view of the subject, the only one in which it could be regarded
by wisdom, prudence, or patriotism, there was but one possible mode
of saving AndrÈ; and that was to exchange him for Arnold, who should
himself be held responsible for the criminal transactions, which had
originated with him, and in which he had been the chief actor. That the
enemy would give him up was hardly to be expected, nor could a formal
proposition of that kind be advanced; yet there was no reason why the
opportunity should not be offered, or at least why it should not be
intimated to them, that in such an event AndrÈ would be released. To
effect this object the following plan was adopted.
Washington sent for Captain Aaron Ogden, whom he informed that he had
selected him to carry despatches to the British post at Paulus Hook,
which were to be conveyed thence across the river to New York. After
putting the packet of papers into his hands, and giving him some general
directions as to the mode of arranging the escort, so that it should
consist of men whose fidelity could be relied upon, and who should make
a good appearance, he told Ogden to call on the Marquis de Lafayette for
additional instructions.
This was on the 30th of September, the day after the examination of
AndrÈ, and the packet intrusted to Ogden contained his letter to Sir
Henry Clinton, and that mentioned above from Washington to the same
commander. Lafayette was at the head of the Light Infantry, who
were stationed in advance of the army towards the enemy's lines. He
instructed Ogden so to contrive his march, that he should arrive at
Paulus Hook so late in the day, that he would be asked to stay all
night. He was then to seek a favorable moment to communicate to the
commandant of the post, or some of the principal officers, as if
incidentally, the idea about exchanging AndrÈ for Arnold.
Thus prepared, Ogden set off with a suitable escort, and at a convenient
hour arrived at the outposts near Paulus Hook. He was there stopped, and
the officer proposed to detain him, till the despatches were sent in
and an answer returned. Captain Ogden assured him, that he had express
orders to deliver the packet into the hands of the principal officer
of the post, and upon this representation he was allowed to pass. The
commandant was courteous, received the packet, and immediately sent it
by an express across the river to New York.
Captain Ogden was politely asked to take supper with the officers; and
when the evening was far advanced and the boat did not come back, he was
invited to remain through the night. The conversation turned upon AndrÈ,
and the commandant inquired whether he thought Washington would consent
to his execution. Ogden replied, that he undoubtedly would, that the
army expected it, and the nature of the offence rendered it necessary;
and, whatever might be his private feelings, and however painful the
task, he would not hesitate to do his duty promptly, when required by
justice and the laws of war, and when the vital interests of his country
were at stake. The commandant asked, if there was no way of preventing
such a catastrophe. "Yes," replied Ogden, "it is in the power of Sir
Henry Clinton to do it. If he will deliver up Arnold into the hands
of the Americans, and take AndrÈ in exchange, the prisoner may have a
speedy rescue." Ogden was then asked whether he had authority for such
a declaration. "I have no such assurance from General Washington," said
he, "but I am prepared to say, that if such a proposal were to be made,
I believe it would be accepted, and Major AndrÈ set at liberty." Upon
this hint the officer left the company, crossed the river, had an
interview with Sir Henry Clinton, and returned before morning. He told
Captain Ogden, that such a thing could not be done; that to give up a
man, who had deserted from the enemy, and openly espoused the King's
cause, was such a violation of honor and every military principle, that
Sir Henry Clinton would not listen to the idea for a moment.
The despatch-boat came back, and Ogden prepared at the dawn of day
for his departure. On mustering his men, it was discovered, that the
sergeant of the escort was missing, and it was supposed he had deserted
to the enemy during the night. Having no time for search, Ogden hastened
to General Washington's camp, and delivered the packet he had brought. *
* This desertion of the sergeant was a stratagem of Washington unknown
to Captain Ogden at the time. A paper had been intercepted, in which was
found the name of one of the American major-generals, connected in such
a manner with other particulars, as to excite a suspicion, that he was
concerned in Arnold's treason. It was extremely important, that this
point should be ascertained; and the sergeant was prevailed upon to
desert, and act as a spy in New York to gain intelligence of a certain
kind, and from certain sources. The stratagem was successful, and the
intelligence sent out by the sergeant, in a very short time, proved
incontestably that the suspicion was entirely groundless. The
intercepted paper was probably designed by the enemy to fall into
General Washington's hands, and to create jealousy and discord among the
American officers.
The letters from AndrÈ and General Washington, and the proceedings of
the board of examination, were perused with much concern by Sir Henry
Clinton. He immediately assembled a council of general officers,
and laid these papers before them. After maturely considering their
contents, it was resolved that a deputation of three persons should
proceed to the nearest American outpost, furnished with evidence to
prove Major AndrÈ's innocence, and to impart information, which Sir
Henry Clinton thought would place the question in a different light from
that in which it had been viewed by the American board.
The persons delegated on this mission were General Robertson, Andrew
Elliot, and William Smith. They were accompanied by Beverly Robinson
as a witness in the case, and were fortified in their estimation, but
weakened in reality, by a long explanatory and threatening letter from
Arnold to General Washington. The commissioners went up the river in the
Greyhound Schooner, with a flag of truce, on the 1st of October. Notice
of the intended visit and its objects had been already communicated by
Sir Henry Clinton to Washington; and when the vessel anchored at Dobbs's
Ferry, General Greene was there, having been deputed by Washington
to hold the interview in his behalf. The person sent on shore by the
British commissioners brought word back, that General Robertson
only would be permitted to land, and that General Greene was then in
readiness to receive him.
The conference was opened by Robertson, who paid some compliments to the
American general, and expressed the satisfaction he had in treating with
him on an occasion so interesting to the two armies and to humanity.
Greene replied, that it was necessary for them to know at the outset
on what ground they stood; that he was not there in the character of
an officer; that he was allowed by General Washington to meet him as a
private gentleman, but that the case of an acknowledged spy admitted of
no discussion. Robertson said his design was to state facts, which he
hoped would have their due weight, in whatever character he might be
supposed to speak.
He then entered largely into the subject, endeavoring to show, first,
that AndrÈ landed under the sanction of a flag; secondly, that he acted
wholly by the directions of Arnold; from both of which positions it was
inferred, that he could not in any just sense of the word be regarded as
a spy. The facts having all been examined by the board of officers,
and been well understood, this new statement of them made no change
in Greene's opinion or impressions; and when Arnold's testimony was
introduced, he said the Americans would believe AndrÈ in preference
to Arnold. General Robertson said, that no military tribunal in Europe
would decide the case of AndrÈ to be that of a spy, and he proposed to
refer the question to Count de Rochambeau and General Knyphausen. Other
considerations were urged by him, not so much in the way of argument,
as on the score of reciprocal benefits and humanity. He added, that he
should confide in General Greene's candor to represent in the fairest
light to General Washington the arguments he had used; that he should
stay on board all night, and hoped in the morning to take back with him
Major AndrÈ, or an assurance of his safety.
In Robertson's despatch to Sir Henry Clinton, containing the particulars
of the conference, he said it was intimated to him by Greene, that, if
AndrÈ were set free, it would be expected that Arnold should be given
up. Robertson professed to have replied to this intimation only by a
look of indignant rebuke.
The letter from Arnold to General Washington, written to aid the
negotiation of the commissioners, was extraordinary, considering the
purpose it was intended to answer. After expressing his "grateful
acknowledgments and thanks" for the kindness shown to Mrs. Arnold, and
attempting to screen AndrÈ from blame by taking the responsibility of
his deeds upon himself, and declaring that he "had an undoubted right
to transact all those matters," he concludes in a style of hardened
impudence and malignity, that, even when coming from such a source, must
be regarded with astonishment.
"If, after this just and candid representation of Major Andre's case,"
said he, "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 honor 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.
"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."
It is hardly possible that this letter could have been seen by Sir Henry
Clinton, although written at his request, with the view of operating on
the judgment and clemency of Washington. Could any language, uttered by
any individual, have a more opposite tendency? Disgust and contempt were
the only emotions it could excite; and it was at least an evidence, that
neither the understanding nor the heart of the writer had been improved
by his political change. Hitherto he had discovered acuteness and
mental resource, but in this act his folly was commensurate with his
wickedness. At the same time he performed the farce of resigning his
commission, as an officer in the American service, and wrote to General
Washington, "I beg leave to assure your Excellency, that my attachment
to the true interests 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." Setting aside the hypocrisy
of this declaration, it is perhaps fair to interpret it in its literal
sense, and to believe, that he had always confounded patriotism with
selfishness, and the interests of his country with the aims of a
mercenary ambition.
The British commissioners waited till morning, as General Robertson had
proposed, and at an early hour they received a note from General Greene,
stating that he had communicated to Washington the substance of the
conference, but that it had produced no change in his opinion and
determination. This intelligence was astounding to Robertson; for he had
written to Sir Henry Clinton the evening before, that he was persuaded
AndrÈ would not be harmed. How he got this impression is not easily
discovered, since he represented General Greene as obstinately bent
on considering AndrÈ as a spy, and resisting all his arguments to the
contrary.
Nothing more could be done by the commissioners. That no measure
might be left untried, however, General Robertson wrote a letter to
Washington, containing a summary of the topics he had discussed at the
conference, and assigned as a reason for sending it, that he feared
General Greene's memory might have failed him in some particulars, and
he wished the merits of so important a case to be presented with all
the clearness and force it deserved. This letter could have produced
no effect, even if it had not arrived too late; for it touched upon
no points, which had not already been examined and decided. The
commissioners returned to New York.
While in confinement at Tappan, both before and after his sentence,
AndrÈ had shown the greatest composure, and the same serenity of temper
and winning gentleness of manners, that had been conspicuous in his
conversation and deportment from the time he was taken. His regimentals
had been brought from New York by his servant, after his arrival at
Tappan, and he appeared in the full dress of a British officer. Colonel
Hamilton, in his beautiful and pathetic letter to Colonel Laurens,
respecting the capture and death of AndrÈ, has described an incident in
his conduct on this occasion, which would add lustre to his name, even
if it were not adorned by genius, magnanimity, and honor.
"In one of the visits I made to him," said Hamilton, "(and I saw him
several times during his confinement,) he begged me to be the bearer of
a request to the General, for permission to send an open letter to Sir
Henry Clinton. 'I foresee my fate,' said he, 'and though I pretend not
to play the hero, or to be indifferent about life, yet I am reconciled
to whatever may happen, conscious that misfortune, not guilt,
has brought it upon me. There is only one thing that disturbs my
tranquillity. Sir Henry Clinton has been too good to me; he has been
lavish of his kindness; I am bound to him by too many obligations, and
love him too well, to bear the thought that he should reproach himself,
or others should reproach him, on the supposition of my having conceived
myself obliged, by his instructions, to run the risk I did. I would not,
for the world, leave a sting in his mind that should embitter his future
days.' He could scarce finish the sentence, bursting into tears, in
spite of his efforts to suppress them, and with difficulty collected
himself enough afterwards to add, 'I wish to be permitted to assure
him, I did not act under this impression, but submitted to a necessity
imposed upon me, as contrary to my own inclination, as to his orders.'
His request was readily complied with, and he wrote the letter annexed,
with which I dare say you will be as much pleased as I am, both for the
sentiment and diction."
This letter was the same that has been inserted above, and its contents
accord in every respect with the delicacy of feeling and warmth of
gratitude here expressed towards his benefactor.
When the sentence of the board was announced to AndrÈ, he manifested
no surprise or concern, having evidently been prepared by his own
reflections for this result. He remarked only, that, since he was to
die, "there was still a choice in the mode, which would make a material
difference in his feelings." It was his wish to die the death of a
soldier, and he requested that he might be shot. The application was
renewed in a letter addressed to General Washington.
"Tappan, 1 October, 1780.
"Sir,
"Buoyed above the terror of death, by the consciousness of a life
devoted to honorable 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 adapt the mode of my death to the feelings of a
man of honor.
"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 experience the operation of these
feelings in your breast, by being informed that I am not to die on a
gibbet.
"I have the honor to be your Excellency's most obedient and most humble
servant,
"JOHN ANDR…."
The indulgence here solicited, in terms as manly as they are persuasive
and touching, could not be granted consistently with the customs of war.
Such, at least, was the opinion of Washington and of the officers he
consulted. No answer was returned either to the first application or to
the letter, it being deemed more humane to evade a reply, than to cause
the painful sensations, which a positive refusal would inflict. *
* There is still in existence a curious memorial both of the person of
Major AndrÈ, and of his tranquillity and self-possession, during this
period of trial and solemn anticipation. In the midst of the sombre
thoughts, which must have thronged upon his mind, he resorted to the
art, which had given him so much delight, when all the opening prospects
of life were gilded with hope and gladness. The following is an extract
from a letter, written by Mr. Ebenezer Baldwin to the President of Yale
College, and dated at New Haven, August 8th, 1832.
"It affords me pleasure, as the agent of Mr. Jabez L. Tomlinson of
Stratford, and of Mr. Nathan Beers of this city, to request your
acceptance of the accompanying miniature of Major John AndrÈ. It is his
likeness seated at a table in his guard-room, and drawn by himself with
a pen, on the morning of the day fixed for his execution. Mr. Tomlinson
informs me, that a respite was granted until the next day, and that this
miniature was in the mean time presented to him (then acting as officer
of the guard) by Major AndrÈ himself Mr. Tomlinson was present when the
sketch was made, and says it was drawn without the aid of a glass. The
sketch subsequently passed into the hands of Mr. Beers, a fellow-officer
of Mr. Tomlinson on the station, and from thence was transferred to me.
It has been in my possession several years."
The original drawing is now in the Trumbull Gallery at Yale College.
It bears a strong resemblance to an engraved head of AndrÈ printed
in England, and the likeness may be presumed to approach as near to
accuracy, as is usual in miniatures of the same size; more especially
as AndrÈ was accustomed to draw similar sketches of himself for his
friends.
The time for the execution was at first fixed at five o'clock in the
afternoon of the day, on which Greene had the interview with Robertson,
and it was thus published in the general orders.
But the length of that negotiation caused the execution to be deferred
till the next day, October 2d, at twelve o'clock.
The particulars of this event will be here related in the language of
Dr. Thacher, who was an eye-witness and evidently a close observer, and
who has described what he saw with a precision and force, which bear the
stamp of accuracy and present a vivid picture of the scene.
"The principal guard-officer, who was constantly in the room with the
prisoner, relates, that when the hour of his execution was announced
to him in the morning, he received it without emotion, and, while all
present were affected with silent gloom, he retained a firm countenance,
with calmness and composure of mind. Observing his servant enter the
room in tears, he exclaimed, 'Leave me till you can show yourself
more manly.' His breakfast being sent to him from the table of General
Washington, which had been done every day of his confinement, he partook
of it as usual, and having shaved and dressed himself, he placed his hat
on the table, and cheerfully said to the guard-officers, 'I am ready at
any moment, Gentlemen, to wait on you.' The fatal hour having arrived,
a large detachment of troops was paraded, and an immense concourse of
people assembled; almost all our general and field officers, excepting
his Excellency and his staff, were present on horseback; melancholy and
gloom pervaded all ranks; the scene was affecting and awful.
"I was so near during the solemn march to the fatal spot, as to observe
every movement and participate in every emotion, which the melancholy
scene was calculated to produce. Major AndrÈ walked from the stone
house, in which he had been confined, between two of our subaltern
officers, arm in arm; the eyes of the immense multitude were fixed on
him, who, rising superior to the fear of death, appeared as if conscious
of the dignified deportment which he displayed. He betrayed no want
of fortitude, but retained a complacent smile on his countenance, and
politely bowed to several gentlemen whom he knew, which was respectfully
returned. It was his earnest desire to be shot, as being the mode of
death most conformable to the feelings of a military man, and he had
indulged the hope that his request would be granted. At the
moment, therefore, when suddenly he came in view of the gallows, he
involuntarily started backward, and made a pause. 'Why this emotion,
Sir?' said an officer by his side. Instantly recovering his composure,
he said, 'I am reconciled to my death, but I detest the mode.'
"While waiting and standing near the gallows, I observed some degree
of trepidation; placing his foot on a stone, and rolling it over, and
choking in his throat, as if attempting to swallow. So soon, however, as
he perceived that things were in readiness, he stepped quickly into the
wagon, and at this moment he appeared to shrink, but instantly elevating
his head with firmness, he said, 'It will be but a momentary pang;' and
taking from his pocket two white handkerchiefs, the provost marshal with
one loosely pinioned his arms, and with the other, the victim, after
taking off his hat and stock, bandaged his own eyes with perfect
firmness, which melted the hearts, and moistened the cheeks, not only of
his servant, but of the throng of spectators. The rope being appended to
the gallows, he slipped the noose over his head, and adjusted it to his
neck, without the assistance of the executioner. Colonel Scammell now
informed him, that he had an opportunity to speak, if he desired it. He
raised the handkerchief from his eyes, and said, 'I pray you to bear
me witness, that I meet my fate like a brave man.' The wagon being now
removed from under him, he was suspended and instantly expired." *
* Thacher's Military Journal, p. 222.--In a more recent publication,
entitled Observations relating to the Execution of Major AndrÈ, first
printed in the New England Magazine, Dr. Thacher has added several
facts illustrative of that event. Appended to the same is an interesting
letter by Major Benjamin Russell, who was one of the inner guard, that
attended AndrÈ to the place of execution, and walked so near him as to
hear distinctly what he said. The outer guard consisted of about five
hundred men; the inner guard was only a captain's command.
Throughout the whole of this scene, from the time he left the house in
which he was guarded, till the last fatal moment, his demeanor was such
as to excite the respect, sympathy, and sorrow of every beholder. His
step was steady, his carriage easy and graceful, his countenance placid,
but thoughtful and firm, indicating a solemn sense of his impending
fate, and a resolution to meet it in a manner consistent with his
character and the previous tenor of his conduct. He was dressed in the
uniform of a British officer. When life had departed, the body was taken
down and interred within a few yards of the place of execution. The coat
and other regimentals were given to his servant, who faithfully attended
him to the last, and saw the grave close over his mortal remains.
Such was the death of a man, whose rare accomplishments had procured
for him the friendship and confidence of all to whom he was known, and
opened the happiest presages of a future career of renown and glory.
In ten short days his blooming hopes had been blighted, and his glowing
visions dispersed. But it was his singular fortune to die, not more
beloved by his friends, than lamented by his enemies, whose cause he had
sought to ruin, and by whose hands his life was justly taken. Time has
consecrated the feeling. There are few Americans, and few will there
ever be, who can look back upon the fate of AndrÈ without deep regret.
His name is embalmed in every generous heart; and they, who shall
condemn his great error and applaud the sentence of his judges, will
cherish a melancholy remembrance of the unfortunate victim, and grieve
that a life of so much promise, adorned with so many elevated and
estimable qualities, was destined to an untimely and ignominious end.
Soon after this event, when the facts had not yet become fully known or
duly weighed, a few British writers allowed themselves to remark with
much freedom and asperity respecting the part taken by Washington. They
said the sentence was harsh, if not unjustifiable; and that, admitting
it was right, humanity ought to have interposed and saved AndrÈ.
The foregoing details render it unnecessary to discuss these points,
either for the purpose of establishing truths, or of vindicating the
character of Washington. Let every reader reflect upon the prominent
transactions, and judge for himself. Nothing more is requisite. Was
AndrÈ a spy? This character he voluntarily acknowledged, both in his
first letter to General Washington, and in his examination before the
board of officers; that is, he confessed himself to have acted a part,
which no one could possibly act, who was not a spy. He landed secretly
in the night, he was concealed within the American lines, he changed his
dress and appeared in disguise, he assumed a false name, he was taken
while going to the enemy with papers containing intelligence.
These facts were so well attested, that the British general, in his
extreme solicitude to rescue AndrÈ, did not attempt to evade or disprove
them. It was the drift of his argument to show, that, notwithstanding
their existence, AndrÈ could not properly be considered a spy, first,
because he went ashore under a flag of truce, and secondly, because
while on shore he was subject to the directions of an American general.
The first point was not accurate in any sense, either literally or
theoretically. It is true, Arnold had written a paper as a passport for
Smith, in which he mentioned a flag; but there was no flag, and it was
in the night, when flags are not sent except on extraordinary occasions.
Moreover the business was not such as could ever be sanctioned by
a flag, the whole design of which is to soften the rigors of war by
creating a mutual confidence between hostile armies, and thereby opening
a channel for reciprocal acts of humanity. The moment this signal of
peace is employed to abuse the confidence of an opposing party, by
seeking to inflict an injury under the mask of friendship, the act
becomes infamous. Hence the prostitution of a flag is regarded by
all civilized people as one of the basest crimes. It is surprising,
therefore, that the idea of a flag should have been put forward in any
shape as a favorable circumstance. No such hint came from AndrÈ. On
the contrary, when questioned upon the subject, he declared, in very
positive terms, that he was not under the sanction of a flag.
As to the second branch of the argument, there can be no doubt, that
after AndrÈ landed he was within the sphere of Arnold's command, and
acted in all respects either with his knowledge or by his direction. But
this did not alter the nature of his conduct. He was still in disguise,
with a false name, and carrying papers of a dangerous import to the
enemy. To say that he was an agent in maturing treason is not certainly
to make him the less a spy. So far from it, that, if possible, the
offence is aggravated by this coincidence of character and objects.
It was argued, that Arnold had a right, while in command, to give such
directions as he did to AndrÈ, and consequently that no law was violated
in obeying them. Upon the same principle it may be said, that Arnold had
a right to be a traitor, if he could bring his ends to pass by secret
means and without detection. The sophistry is too shallow to need a
refutation.
Although Sir Henry Clinton used these arguments in his endeavors
to procure a release of AndrÈ, yet he did not recur to them in the
narrative which he sent to the British government, nor complain
that they had been disregarded. He stated all the facts minutely, in
connexion with a copy of the correspondence, but without uttering
any censure against Washington or the board of officers, and without
intimating an opinion, that the sentence was unjust, or that AndrÈ could
be regarded in any other light than as a spy. Had his sentiments been
different, he would unquestionably have expressed them strongly on this
occasion, and thrown upon his enemies the full measure of blame, which
he conceived them to deserve.
In publishing this event likewise to the army in general orders, Sir
Henry Clinton maintained the same reserve, concerning the mode of
AndrÈ's death. "The unfortunate fate of this officer," said he, "calls
upon the Commander-in-chief to declare, that he ever considered Major
AndrÈ a gentleman of the highest integrity and honor, and incapable of
any base action or unworthy conduct." Nothing was added as to the manner
of his death, nor was it even insinuated, that it had been caused by the
vengeance, injustice, or any improper act of the enemy, in whose hands
he suffered.
These are proofs, and more might be adduced, that the opinions of Sir
Henry Clinton on this subject, namely, the light in which AndrÈ was to
be held, according to the invariable laws of war and of nations, were
essentially the same as those of General Washington. It is said by M.
de Marbois, that Washington secretly consulted Congress respecting
AndrÈ before he was examined. No formal deliberation was held upon the
subject, but Congress returned as an answer, that they perceived no
reason for arresting the course of justice.
The question, which is merely one of feeling and not of principle,
whether AndrÈ might not have been indulged in his last request to die a
military death, should be answered in reference to the state of things
at that crisis, and to the motives operating on Washington's mind.
Regarding the matter only in the abstract, there seems no very obvious
reason why such an indulgence should have been refused. Yet, as no trait
in Washington's character was more remarkable through life than his
humanity, this noble quality cannot be supposed to have forsaken him on
an occasion, which most deeply interested his feelings, and enlisted his
sympathies on the side of the sufferer. It must be recollected, that,
when AndrÈ was executed, Washington was entirely ignorant as to the
extent of the conspiracy and the persons engaged in it. His fears and
his suspicions were alive; and, both as an evidence that he deemed
AndrÈ's punishment just, and as a terror to others who might be
concerned in the plot, he believed it a duty to his office and his
country to let the law take its usual course. As the event turned out,
no ill consequences could have resulted from a compliance with the
request of AndrÈ. Could this have been foreseen by Washington, the
tenderness of his disposition, so often manifested, warrants us to
believe, that no effort on his part would have been spared to soothe the
dying moments of a brave and unfortunate man. *
* A monument was erected by order of the King, in Westminster Abbey, to
the memory of Major AndrÈ. His remains were taken up, in the year 1821,
by Mr. Buchanan, British Consul in New York, and removed to England.
They were deposited in Westminster Abbey near the monument. AndrÈ died
at the age of twenty-nine. As no metallic buttons were found in the
grave, when the disinterment took place, it was considered a proof, that
he was not buried in his regimentals. It was inferred, that he had been
stripped before burial; in what manner was uncertain. Dr. Thacher has
shown, in his Observations, that AndrÈ's regimentals were given to his
servant.
The captors of AndrÈ were recommended by Washington to Congress, as
worthy not only of thanks but of a more substantial recompense from
the public. After expressing by a formal vote "a high sense of their
virtuous and patriotic conduct," Congress granted to each of them an
annual pension of two hundred dollars for life, and ordered a silver
medal to be struck and presented to each, bearing on one side the
inscription Fidelity, and on the other, Vincit Amor Patrice. These
medals were given to the individuals by General Washington, at
head-quarters, with some ceremony, and they were invited to dine with
him on that occasion. In writing to the President of Congress, he
said, "The recompense is ample; it is an evidence of the generosity of
Congress, a flattering tribute to the virtue of those citizens, and must
prove a powerful incitement to others to imitate their example." The
country participated in this opinion, and the conduct of the captors was
universally applauded.
In connexion with this statement, however, it is proper to add, that
doubts have been entertained as to the original motives and designs of
Paulding, Van Wart, and Williams. The representation made by AndrÈ to
Major Tallmadge and Mr. Bronson was, that he first discovered these
men playing at cards in the bushes near the road; that, after they had
stopped him, they ripped up the housings of his saddle and the cape of
his coat in search of money; but, finding none, one of the party said,
"He may have it in his boots;" then they then pulled off his boots, and
found the papers, which induced them to think he was a spy. Major AndrÈ
was of the opinion, that, if he could have given them a small sum of
money at first, they would have allowed him to pass without further
molestation; but he had no other money about his person, than the paper
bills given to him by Smith, and merely sufficient to pay his expenses
to the city.
So strong an impression did this account make upon the mind of Major
Tallmadge, and so fully was he convinced of its accuracy, and of the
dubious virtue of the captors, that, thirty-seven years afterwards, when
Paulding petitioned Congress for an increase of pension, he resisted
the petition, (being then a member of Congress,) on the ground that the
conduct of the petitioner did not deserve such a testimony of public
approbation and gratitude. *
* The subject was drawn into a discussion, and several replies were
made to Major Tallmadge. See a small volume entitled Vindication of the
Captors of Major AndrÈ, published in New York, 1817.
May there not be a middle line between these two extremes? Was it not
possible for the men to search for money, and still be true to their
country, which is the only point at issue? When they stopped the
traveller, the idea of a spy seems not to have occurred to them. They
took him for a merchant, or a person engaged in mercantile business,
not legally and openly, but in the manner practised by too many of the
borderers of the neutral ground. They would naturally expect him to have
money, and would search for it, especially after the confused manner in
which he had spoken of himself, and since, if he was an enemy and
had money, it would be theirs by the same prize-law, that afterwards
assigned to them the horse, saddle, bridle, and watch. Their virtue
cannot be impeached, therefore, merely on the score of their searching
for money, although this incident, it must be confessed, contributes no
special lustre to their motives or acts.
According to their testimony before the court at Smith's trial, they did
not suspect AndrÈ of being a spy, till his boots had been pulled off and
the papers discovered; nor is there any direct proof, that he offered
them money to release him till after that discovery. Williams then asked
him what he would give them to let him go, evidently having no other
aim, than to obtain further knowledge of his character. AndrÈ offered to
give any sum of money, or quantity of dry goods, that they would name.
Here was the trial of their virtue. Ten thousand guineas, they said,
should not tempt them to let him escape.
Major AndrÈ believed, that, when he made the offer, they would have
accepted it, if he could have given any security for the fulfilment of
his promise. As he could only pledge his word, and as either he or some
other person in his name must go into the city and bring out the money
and goods, they distrusted his ability to execute his engagement, and
feared that some cross accident would in the mean time lead them into
difficulty, and prevent their getting any thing. As the surest course,
or the one from which they were the most likely to obtain a reward, they
resolved to take him within the American lines, and deliver him up to an
officer.
Such was Andre's belief, and it was perhaps favored by appearances. But
all the prominent circumstances of the case are decidedly against it.
Whatever the captors thought of their prisoner, they could not have
imagined his real importance, nor foreseen the consequences that
followed. They looked upon him as a common spy, and supposed that they
would be suitably but not extravagantly rewarded for giving him up. If
they were influenced only by motives of gain, it is hardly possible
that they should not have been tempted by the golden offers of AndrÈ,
notwithstanding the uncertainty attending them, which could not be very
great, since he proposed to stay where he was, till one of them should
go into the city and bring out the money and other articles. Had they
known Andre's character, the affair would assume a different aspect;
but, as they did not, we must look for a higher determining principle,
than a mere pecuniary calculation.
The exact degree in which we are to expect patriotism and genuine public
virtue in men, who stand in the same class of society and follow the
same pursuits as the captors of AndrÈ, may be a question for casuistry
to settle. But it will require more than the casuist's art to prove,
that these men did not believe they were doing a valuable service to
their country, distinct from any ulterior consideration, in committing
to custody a person, whom they knew to be a spy, and who had offered
them a large bribe for his release. We need not scrutinize motives too
closely. The act was noble in itself, immensely important to the nation
in its effects, and worthy of all praise as an example. This meed of
justice let it receive from history, and from every citizen, who would
by his approbation encourage instances of generous self-sacrifice for
the public good.
The reader may be curious to know what became of Joshua H. Smith. We
left him at Tappan under guard. He was tried by a court-martial, which
was assembled the day after the examination of AndrÈ, and continued by
adjournments for about four weeks. Many witnesses were brought before
the court, among whom were Lafayette, Knox, Hamilton, Harrison, Colonel
Livingston, Colonel Hay, Captain Boyd, Paulding and Williams, and
the two boatmen, who went on board the Vulture. The testimony was
voluminous, as written out by the judge-advocate, and formed a mass of
facts developing many of the secret incidents of the conspiracy.
The charge presented against Smith ran in these words; "For aiding
and assisting Benedict Arnold, late major-general in our service, in a
combination with the enemy to take, kill, and seize such of the loyal
citizens or soldiers of these United States, as were in garrison at West
Point and its dependencies." Smith drew up in writing a long defence,
which he read to the court, and in which he first objected to its
jurisdiction, saying that, being a citizen and not a soldier, he could
not properly be subject to a military tribunal; he then summed up
the evidence with considerable ability, and argued his cause. He was
acquitted by the court.
That he had aided and assisted Arnold there was no doubt; this he
confessed before the trial; but it was not proved by the evidence, that
he had any knowledge of Arnold's traitorous designs. Considering the
part he performed, this was extraordinary; but the court were fully
justified in their decision. Some points in Smith's conduct, however,
were never cleared up, especially his refusing to go back with AndrÈ to
the Vulture. The reason he assigned was improbable, and his attempts at
an explanation only threw a deeper shade over his candor. Although no
one would be willing to condemn Smith, upon the testimony adduced to the
court, yet whoever reads it will be satisfied, that he could not have
fallen into such extreme stupidity, as not to suspect something wrong
in the business he was engaged in carrying on. Nor is it easy to imagine
how a man of his intelligence and character could have been made a
passive tool, even in the hands of so artful a hyprocrite as Arnold, for
effecting purposes obviously of great moment, concerning which he was
not allowed to have any knowledge.
These impressions are strengthened by Smith's book, which he published
many years afterwards in England, evidently with a copy before him of
all the written testimony produced to the court at his trial; and
in which he utters innumerable assertions widely different from the
testimony itself and from his original defence, mingled with severe and
bitter reflections upon several of the witnesses. *
* The book is entitled An Authentic Narrative of the Causes which led to
the Death of Major AndrÈ. London. 1808.--Whether from a defect of memory
in the author, or from whatever reason, needs not be inquired; but as
a work of history this volume is not worthy of the least credit, except
where the statements are confirmed by other authority.
But, after all, it would be unjust to charge Smith with positive guilt
without farther proof; as it is impossible to believe him entirely
innocent, without a more satisfactory explanation of his conduct than
has yet appeared.
The papers of the court-martial were read by Washington, and then
transmitted to Governor Clinton, that Smith might be tried by a civil
process under the laws of the State of New York, should such a course be
deemed advisable. He was sent to West Point and released from military
arrest, but he was immediately taken into custody by the civil authority
of the state, and confined in the jail at Goshen. After remaining there
several months without any trial, he found means to escape, and passed
through the country, sometimes disguised in a woman's dress, to Paulus
Hook and New York. At the close of the war he went to England.
Mrs. Arnold resolved to share the lot of her husband. She visited her
friends at Philadelphia, and joined him in New York about the middle of
November. In her travels through the country, she was everywhere treated
with a respect and forbearance hardly to have been expected in the
exasperated state of public feeling, which then prevailed; a proof,
that, although unfortunate in her alliance with a traitor, she was not
considered guilty of participating in his crimes. It is related by M.
de Marbois, as a remarkable instance of moderation in the people, that,
when on her journey she had stopped at a village to pass the night,
where the inhabitants were preparing to burn her husband in effigy,
they suspended the execution of their design till the next night, out
of delicacy to her sex and situation. It is also said, that, when she
entered her carriage in open day to go and join Arnold in the midst
of the enemies of his country, no symptoms were exhibited of the
detestation in which his name was held even by the lowest populace. This
was the more worthy of notice, as his effigy had recently been paraded
through the streets of Philadelphia with every mark of infamy, and every
demonstration of resentment and contempt.
The case of Captain Nathan Hale has been regarded as parallel to that of
Major AndrÈ. This young officer was a graduate of Yale College, and had
but recently closed his academic course when the war of the revolution
commenced. Possessing genius, taste, and ardor, he became distinguished
as a scholar; and, endowed in an eminent degree with those graces and
gifts of nature which add a charm to youthful excellence, he gained
universal esteem and confidence.
To high moral worth and irreproachable habits were joined gentleness of
manners, an ingenuous disposition, and vigor of understanding. No young
man of his years put forth a fairer promise of future usefulness and
celebrity; the fortunes of none were fostered more sincerely by the
generous good wishes of his associates, or the hopes and encouraging
presages of his superiors.
Being a patriot upon principle, and an enthusiast in a cause, which
appealed equally to his sense of justice and love of liberty, he was
among the first to take up arms in his country's defence. The news
of the battle of Lexington roused his martial spirit, and called him
immediately to the field. He obtained a commission in the army, and
marched with his company to Cambridge. His promptness, activity, and
assiduous attention to discipline, were early observed. He prevailed
upon his men to adopt a simple uniform, which improved their appearance,
attracted notice, and procured applause. The example was followed by
others, and its influence was beneficial. Nor were his hours wholly
absorbed by his military duties. A rigid economy of time enabled him to
gratify his zeal for study and mental culture.
At length the theatre of action was changed, and the army was removed
to the southward. The battle of Long Island was fought, and the American
forces were drawn together in the city of New York. At this moment it
was extremely important for Washington to know the situation of
the British army on the heights of Brooklyn, its numbers, and the
indications as to its future movements. Having confidence in the
discretion and judgment of the gallant Colonel Knowlton, who commanded
a Connecticut regiment of infantry, he explained his wishes to that
officer, and requested him to ascertain if any suitable person could be
found in his regiment, who would undertake so hazardous and responsible
a service. It was essential, that he should be a man of capacity,
address, and military knowledge.
Colonel Knowlton assembled several of his officers, stated to them
the views and desires of the General, and left the subject to their
reflections, without proposing the enterprise to any individual. The
officers then separated. Captain Hale considered deliberately what
had been said, and finding himself by a sense of duty inclined to the
undertaking, he called at the quarters of his intimate friend, Captain
Hull (afterwards General Hull), and asked his opinion. Hull endeavored
to dissuade him from the service, as not befitting his rank in the army,
and as being of a kind for which his openness of character disqualified
him; adding that no glory could accrue from success, and a detection
would inevitably be followed by an ignominious death.
Captain Hale replied, that all these considerations had been duly
weighed, that "every kind of service necessary to the public good was
honorable by being necessary," that he did not accept a commission for
the sake of fame alone or personal advancement, that he had been for
some time in the army without being able to render any signal aid to the
cause of his country, and that he felt impelled by high motives of duty
not to shrink from the opportunity now presented.
The arguments of his friend were unavailing, and Captain Hale passed
over to Long Island in disguise. He had gained the desired information,
and was just on the point of stepping into a boat to return to the
city of New York, when he was arrested and taken before the British
commander. Like AndrÈ, he had assumed a character, which he could not
sustain; he was "too little accustomed to duplicity to succeed."
The proof against him was so conclusive, that he made no effort at
self-defence, but frankly confessed his objects; and, again like AndrÈ,
without further remarks "left the facts to operate with his judges." He
was sentenced to be executed as a spy, and was accordingly hanged the
next morning.
The sentence was conformable to the laws of war, and the prisoner was
prepared to meet it with a fortitude becoming his character. But the
circumstances of his death aggravated his sufferings, and placed him in
a situation widely different from that of AndrÈ. The facts were narrated
to General Hull by an officer of the British commissary department, who
was present at the execution, and deeply moved by the conduct and
fate of the unfortunate victim, and the treatment he received. The
provost-martial, to whose charge he was consigned, was a refugee,
and behaved towards him in the most unfeeling manner; refusing the
attendance of a clergyman and the use of a bible, and destroying the
letters he had written to his mother and friends.
In the midst of these barbarities, Hale was calm, collected, firm;
pitying the malice that could insult a fallen foe and dying man,
but displaying to the last his native elevation of soul, dignity
of deportment, and an undaunted courage. Alone, unfriended, without
consolation or sympathy, he closed his mortal career with the
declaration, "that he only lamented he had but one life to lose for his
country." When AndrÈ stood upon the scaffold, he called on all around
him to bear witness, that he died like a brave man. The dying words of
Hale embodied a nobler and more sublime sentiment; breathing a spirit of
satisfaction, that, although brought to an untimely end, it was his lot
to die a martyr in his country's cause. The whole tenor of his conduct,
and this declaration itself, were such proofs of his bravery, that it
required not to be more audibly proclaimed. The following tribute is
from the muse of Dr. Dwight.
"Thus, while fond virtue wished in vain to save, Hale, bright and
generous, found a hapless grave; With genius' living flame his bosom
glowed, And science charmed him to her sweet abode; In worth's fair path
his feet adventured far, The pride of peace, the rising grace of war."
There was a striking similarity between the character and acts of Hale
and AndrÈ, but in one essential point of difference the former appears
to much the greater advantage. Hale was promised no reward, nor did he
expect any. It was necessary, that the service should be undertaken from
purely virtuous motives, without a hope of gain or of honor; because it
was of a nature not to be executed by the common class of spies, who
are influenced by pecuniary considerations; and promotion could not
be offered as an inducement, since that would be a temptation for an
officer to hazard his life as a spy, which a commander could not with
propriety hold out. Viewed in any light, the act must be allowed to bear
unequivocal marks of patriotic disinterestedness and self-devotion.
But AndrÈ had a glorious prize before him; the chance of distinguishing
himself in a military enterprise, honors, renown, and every allurement,
that could flatter hope and stimulate ambition. To say the least, his
personal advantages were to be commensurate with the benefit to his
country.
But whatever may have been the parallel between these two individuals
while living, it ceased with their death. A monument was raised
and consecrated to the memory of AndrÈ by the bounty of a grateful
sovereign. His ashes have been removed from their obscure resting-place,
transported across the ocean, and deposited with the remains of the
illustrious dead in Westminster Abbey. Where is the memento of the
virtues, the patriotic sacrifice, the early fate of Hale? It is not
inscribed in marble; it is hardly recorded in books. Let it be the more
deeply cherished in the hearts of his countrymen.