CHAPTER II.

NEGOTIATIONS FOR EXCHANGE OF PRISONERS—CASE OF COLONEL ETHAN ALLEN—OF

GENERAL LEE—CORRESPONDENCE OF WASHINGTON WITH SIR WILLIAM HOWE ABOUT

EXCHANGES OF PRISONERS—REFEREES APPOINTED—LETTERS OF LEE FROM NEW

YORK—CASE OF COLONEL CAMPBELL—WASHINGTON’S ADVICE TO CONGRESS ON THE

SUBJECT OF RETALIATION—HIS CORRESPONDENCE WITH LORD HOWE ABOUT THE

TREATMENT OF PRISONERS—THE HORRORS OF THE JERSEY PRISON-SHIP AND THE

SUGAR HOUSE.

A cartel for the exchange of prisoners had been a subject of negotiation

previous to the affair of Trenton, without being adjusted. The British

commanders were slow to recognize the claims to equality of those they

considered rebels; Washington was tenacious in holding them up as

patriots ennobled by their cause.

Among the cases which came up for attention was that of Ethan Allen, the

brave, but eccentric captor of Ticonderoga. His daring attempts in the

“path of renown” had cost him a world of hardships. Thrown into irons as

a felon; threatened with a halter; carried to England to be tried for

treason; confined in Pendennis Castle; retransported to Halifax, and now

a prisoner in New York. “I have suffered every thing short of death,”

writes he to the Assembly of his native State, Connecticut. He had,

however, recovered health and suppleness of limb, and with them all his

swelling spirit and swelling rhetoric. “I am fired,” writes he, “with

adequate indignation to revenge both my own and my country’s wrongs. I

am experimentally certain I have fortitude sufficient to face the

invaders of America in the place of danger, spread with all the horrors

of war.” And he concludes with one of his magniloquent, but really

sincere expressions of patriotism: “Provided you can hit upon some

measure to procure my liberty, I will appropriate my remaining days, and

freely hazard my life in the service of the colony, and maintaining the

American Empire. I thought to have enrolled my name in the list of

illustrious American heroes, but was nipped in the bud!”[8]

Honest Ethan Allen! his name will ever stand enrolled on that list; not

illustrious, perhaps, but eminently popular.

His appeal to his native State had produced an appeal to Congress, and

Washington had been instructed, considering his long imprisonment, to

urge his exchange. This had scarce been urged, when tidings of the

capture of General Lee presented a case of still greater importance to

be provided for. “I feel much for his misfortune,” writes Washington,

“and am sensible that in his captivity our country has lost a warm

friend and an able officer.” By direction of Congress, he had sent in a

flag to inquire about Lee’s treatment, and to convey him a sum of money.

This was just previous to the second crossing of the Delaware.

Lee was now reported to be in rigorous confinement in New York, and

treated with harshness and indignity. The British professed to consider

him a deserter, he having been a lieutenant-colonel in their service,

although he alleged that he had resigned his commission before joining

the American army Two letters which he addressed to General Howe, were

returned to him unopened, enclosed in a cover directed to

_Lieutenant-colonel Lee_.

On the 13th of January, Washington addressed the following letter to Sir

William Howe. “I am directed by Congress to propose an exchange of five

of the Hessian field-officers taken at Trenton for Major-general Lee; or

if this proposal should not be accepted, to demand his liberty upon

parole, within certain bounds, as has ever been granted to your officers

in our custody. I am informed, upon good authority, that your reason for

keeping him hitherto in stricter confinement than usual is, that you do

not look upon him in the light of a common prisoner of war, but as a

deserter from the British service, as his resignation has never been

accepted, and that you intend to try him as such by a court-martial. I

will not undertake to determine how far this doctrine may be justifiable

among yourselves, but I must give you warning that Major-general Lee is

looked upon as an officer belonging to, and under the protection of the

United Independent States of America, and that any violence you may

commit upon his life and liberty, will be severely retaliated upon the

lives or liberties of the British officers, or those of their foreign

allies in our hands.”

In this letter he likewise adverted to the treatment of American

prisoners in New York; several who had recently been released, having

given the most shocking account of the barbarities they had experienced,

“which their miserable, emaciated countenances confirmed.”—“I would

beg,” added he, “that some certain rule of conduct towards prisoners may

be settled; and, if you are determined to make captivity as distressing

as possible, let me know it, that we may be upon equal terms, for your

conduct shall regulate mine.”

Sir William, in reply, proposed to send an officer of rank to

Washington, to confer upon a mode of exchange and subsistence of

prisoners. “This expedient,” observes he, “appearing to me effectual for

settling all differences, will, I hope, be the means of preventing a

repetition of the improper terms in which your letter is expressed and

founded on the grossest misrepresentations. I shall not make any further

comment upon it, than to assure you, that your threats of retaliating

upon the innocent such punishment as may be decreed in the circumstances

of Mr. Lee by the laws of his country, will not divert me from my duty

in any respect; at the same time, you may rest satisfied that the

proceedings against him will not be precipitated; and I trust that, in

this, or in any other event in the course of my command, you will not

have just cause to accuse me of inhumanity, prejudice, or passion.”

Sir William, in truth, was greatly perplexed with respect to Lee, and

had written to England to Lord George Germaine for instructions in the

case. “General Lee,” writes he, “being considered in the light of a

deserter, is kept a close prisoner; but I do not bring him to trial, as

a doubt has arisen, whether, by a public resignation of his half pay

prior to his entry into the rebel army, he was amenable to the military

law as a deserter.”

The proposal of Sir William, that all disputed points relative to the

exchange and subsistence of prisoners, should be adjusted by referees,

led to the appointment of two officers for the purpose; Colonel Walcott

by General Howe, and Colonel Harrison, “the old secretary,” by

Washington. In the contemplated exchanges was that of one of the Hessian

field-officers for Colonel Ethan Allen.

The haughty spirit of Lee had experienced a severe humiliation in the

late catastrophe; his pungent and caustic humor is at an end. In a

letter addressed shortly afterwards to Washington, and enclosing one to

Congress which Lord and General Howe had permitted him to send, he

writes, “as the contents are of the last importance to me, and perhaps

not less so to the community, I most earnestly entreat, my dear general,

that you will despatch it immediately, and order the Congress to be as

expeditious as possible.”

The letter contained a request that two or three gentlemen might be sent

immediately to New York, to whom he would communicate what he conceived

to be of the greatest importance. “If my own interests were alone at

stake,” writes he, “I flatter myself that the Congress would not

hesitate a single instant in acquiescing in my request; but this is far

from the case; the interests of the public are equally concerned. * *

Lord and General Howe will grant a safe conduct to the gentlemen

deputed.”

The letter having been read in Congress, Washington was directed to

inform General Lee that they were pursuing and would continue to pursue

every means in their power to provide for his personal safety, and to

obtain his liberty; but that they considered it improper to send any of

their body to communicate with him, and could not perceive how it would

tend to his advantage or the interest of the public.

Lee repeated his request, but with no better success. He felt this

refusal deeply; as a brief, sad note to Washington indicates.

“It is a most unfortunate circumstance for myself, and I think not

less so for the public, that Congress have not thought proper to

comply with my request. It could not possibly have been attended with

any ill consequences, and might with good ones. At least it was an

indulgence which I thought my situation entitled me to. But I am

unfortunate in every thing, and this stroke is the severest I have yet

experienced. God send you a different fate. Adieu, my dear general.

“Yours most truly and affectionately,

“CHARLES LEE.”

How different from the humorous, satirical, self-confident tone of his

former letters. Yet Lee’s actual treatment was not so harsh as had been

represented. He was in close confinement, it is true; but three rooms

had been fitted up for his reception in the Old City Hall of New York,

having nothing of the look of a prison excepting that they were secured

by bolts and bars.

Congress, in the mean time, had resorted to their threatened measure of

retaliation. On the 20th of February, they had resolved that the Board

of War be directed immediately to order the five Hessian field-officers

and Lieutenant-colonel Campbell into safe and close custody, “it being

the unalterable resolution of Congress to retaliate on them the same

punishment as may be inflicted on the person of General Lee.”

The Colonel Campbell here mentioned had commanded one of General

Fraser’s battalions of Highlanders, and had been captured on board of a

transport in Nantasket road, in the preceding summer. He was a member of

Parliament, and a gentleman of fortune. Retaliation was carried to

excess in regard to him, for he was thrown into the common jail at

Concord in Massachusetts.

From his prison he made an appeal to Washington, which at once touched

his quick sense of justice. He immediately wrote to the council of

Massachusetts Bay, quoting the words of the resolution of Congress. “By

this you will observe,” adds he, “that _exactly the same treatment_ is

to be shown to Colonel Campbell and the Hessian officers, that General

Howe shows to General Lee, and as he is only confined to a commodious

house with genteel accommodations, we have no right or reason to be more

severe on Colonel Campbell, who I would wish should upon the receipt of

this be removed from his present situation, and be put into a house

where he may live comfortably.”

In a letter to the President of Congress on the following day, he gives

his moderating counsels on the whole subject of retaliation. “Though I

sincerely commiserate,” writes he, “the misfortunes of General Lee, and

feel much for his present unhappy situation, yet with all possible

deference to the opinion of Congress, I fear that these resolutions will

not have the desired effect, are founded on impolicy, and will, if

adhered to, produce consequences of an extensive and melancholy

nature.” * * *

“The balance of prisoners is greatly against us, and a general regard to

the happiness of the whole should mark our conduct. Can we imagine that

our enemies will not mete the same punishments, the same indignities,

the same cruelties, to those belonging to us, in their possession, that

we impose on theirs in our power? Why should we suppose them to possess

more humanity than we have ourselves? Or why should an ineffectual

attempt to relieve the distresses of one brave, unfortunate man, involve

many more in the same calamities? * * * Suppose,” continues he, “the

treatment prescribed for the Hessians should be pursued, will it not

establish what the enemy have been aiming to effect by every artifice

and the grossest misrepresentations, I mean an opinion of our enmity

towards them, and of the cruel treatment they experience when they fall

into our hands, a prejudice which we on our part have heretofore thought

it politic to suppress, and to root out by every act of lenity and of

kindness?”

“Many more objections,” added he, “might be subjoined, were they

material. I shall only observe, that the present state of the army, if

it deserves that name, will not authorize the language of retaliation,

or the style of menace. This will be conceded by all who know that the

whole of our force is weak and trifling, and composed of militia (very

few regular troops excepted) whose service is on the eve of expiring.”

In a letter to Mr. Robert Morris also, he writes: “I wish, with all my

heart, that Congress had gratified General Lee in his request. If not

too late I wish they would do it still. I can see no possible evil that

can result from it; some good, I think, might. The request to see a

gentleman or two came from the _general_, not from the commissioners;

there could have been no harm, therefore, in hearing what _he_ had to

say on _any_ subject, especially as he had declared that his own

personal interest was deeply concerned. The resolve to put in close

confinement Lieutenant-colonel Campbell and the Hessian field-officers,

in order to retaliate upon them General Lee’s punishment, is, in my

opinion, injurious in every point of view, and must have been entered

into without due attention to the consequences. * * * * * If the resolve

of Congress respecting General Lee strikes you in the same point of view

it has done me, I could wish you would signify as much to that body as I

really think it fraught with every evil.”

Washington was not always successful in instilling his wise moderation

into public councils. Congress adhered to their vindictive policy,

merely directing that no other hardships should be inflicted on the

captive officers, than such confinement as was necessary to carry their

resolve into effect. As to their refusal to grant the request of Lee,

Robert Morris surmised they were fearful of the injurious effect that

might be produced in the court of France, should it be reported that

members of Congress visited General Lee by permission of the British

commissioners. There were other circumstances beside the treatment of

General Lee, to produce this indignant sensibility on the part of

Congress. Accounts were rife at this juncture, of the cruelties and

indignities almost invariably experienced by American prisoners at New

York; and an active correspondence on the subject was going on between

Washington and the British commanders, at the same time with that

regarding General Lee.

The captive Americans who had been in the naval service were said to be

confined, officers and men, in prison-ships, which, from their loathsome

condition, and the horrors and sufferings of all kinds experienced on

board of them, had acquired the appellation of _floating hells_. Those

who had been in the land service, were crowded into jails and dungeons

like the vilest malefactors; and were represented as pining in cold, in

filth, in hunger and nakedness.

“Our poor devoted soldiers,” writes an eye-witness, “were scantily

supplied with provisions of bad quality, wretchedly clothed, and

destitute of sufficient fuel, if indeed they had any. Disease was the

inevitable consequence, and their prisons soon became hospitals. A fatal

malady was generated, and the mortality, to every heart not steeled by

the spirit of party, was truly deplorable.”[8] According to popular

account, the prisoners confined on shipboard, and on shore, were

perishing by hundreds.

A statement made by a Captain Gamble, recently confined on board of a

prison-ship, had especially roused the ire of Congress, and by their

directions had produced a letter from Washington to Lord Howe. “I am

sorry,” writes he, “that I am under the disagreeable necessity of

troubling your lordship with a letter, almost wholly on the subject of

the cruel treatment which our officers and men in the naval department,

who are unhappy enough to fall into your hands, receive on board the

prison-ships in the harbor of New York.” After specifying the case of

Captain Gamble, and adding a few particulars, he proceeds: “From the

opinion I have ever been taught to entertain of your lordship’s

humanity, I will not suppose that you are privy to proceedings of so

cruel and unjustifiable a nature; and I hope, that, upon making the

proper inquiry, you will have the matter so regulated, that the unhappy

persons whose lot is captivity, may not in future have the miseries of

cold, disease, and famine, added to their other misfortunes. You may

call us rebels, and say that we deserve no better treatment; but

remember, my lord, that, supposing us rebels, we still have feelings as

keen and sensible as loyalists, and will, if forced to it, most

assuredly retaliate upon those upon whom we look as the unjust invaders

of our rights, liberties and properties. I should not have said thus

much, but my injured countrymen have long called upon me to endeavor to

obtain a redress of their grievances, and I should think myself as

culpable as those who inflict such severities upon them, were I to

continue silent,” &c.

Lord Howe, in reply (Jan. 17), expressed himself surprised at the matter

and language of Washington’s letter, “so different from the liberal vein

of sentiment he had been habituated to expect on every occasion of

personal intercourse or correspondence with him.” He was surprised, too,

that “the idle and unnatural report” of Captain Gamble, respecting the

dead and dying, and the neglect of precautions against infection, should

meet with any credit. “Attention to preserve the lives of these men,”

writes he, “whom we esteem the misled subjects of the king, is a duty as

binding on us, where we are able from circumstances to execute it with

effect, as any you can plead for the interest you profess in their

welfare.”

He denied that prisoners were ill treated in his particular department

(the naval). They had been allowed the general liberty of the

prison-ship, until a successful attempt of some to escape, had rendered

it necessary to restrain the rest within such limits as left the

commanding parts of the ship in possession of the guard. They had the

same provisions in quality and quantity that were furnished to the

seamen of his own ship. The want of cleanliness was the result of their

own indolence and neglect. In regard to health, they had the constant

attendance of an American surgeon, a fellow-prisoner; who was furnished

with medicines from the king’s stores; and the visits of the physician

of the fleet.

“As I abhor every imputation of wanton cruelty in multiplying the

miseries of the wretched,” observes his lordship, “of treating them with

needless severity, I have taken the trouble to state these several

facts.”

In regard to the hint at retaliation, he leaves it to Washington to act

therein as he should think fit; but adds he grandly, “the innocent at my

disposal will not have any severities to apprehend from me on that

account.”

We have quoted this correspondence the more freely, because it is on a

subject deeply worn into the American mind; and about which we have

heard too many particulars, from childhood upwards, from persons of

unquestionable veracity, who suffered in the cause, to permit us to

doubt about the fact. The _Jersey Prison-ship_ is proverbial in our

revolutionary history; and the bones of the unfortunate patriots who

perished on board, form a monument on the Long Island shore. The horrors

of the _Sugar House_ converted into a prison, are traditional in New

York; and the brutal tyranny of Cunningham, the provost marshal, over

men of worth confined in the common jail, for the sin of patriotism, has

been handed down from generation to generation.

That Lord Howe and Sir William were ignorant of the extent of these

atrocities we really believe, but it was their duty to be well informed.

War is, at best, a cruel trade, that habituates those who follow it to

regard the sufferings of others with indifference. There is not a doubt,

too, that a feeling of contumely deprived the patriot prisoners of all

sympathy in the early stages of the Revolution. They were regarded as

criminals rather than captives. The stigma of _rebels_ seemed to take

from them all the indulgences, scanty and miserable as they are, usually

granted to prisoners of war. The British officers looked down with

haughty contempt upon the American officers, who had fallen into their

hands. The British soldiery treated them with insolent scurrility. It

seemed as if the very ties of consanguinity rendered their hostility

more intolerant, for it was observed that American prisoners were better

treated by the Hessians than by the British. It was not until our

countrymen had made themselves formidable by their successes that they

were treated, when prisoners, with common decency and humanity.

The difficulties arising out of the case of General Lee interrupted the

operations with regard to the exchange of prisoners; and gallant men, on

both sides, suffered prolonged detention in consequence; and among the

number the brave, but ill-starred Ethan Allen.

Lee, in the mean time, remained in confinement, until directions with

regard to him should be received from government. Events, however, had

diminished his importance in the eyes of the enemy; he was no longer

considered the American palladium. “As the capture of the Hessians and

the manœuvres against the British took place after the surprise of

General Lee,” observes a London writer of the day, “we find that he is

not the only efficient officer in the American service.”[9]

Life of George Washington, volume 3 of 5 · 第 2 / 40 章