New-York, Sept. 30, 1780. SIR, FROM your excellency's letter of this date, I am perfuaded the Board of General officers, to whom you referred the cafe of Major Andrè, cannot 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 fhould be perfectly apprized of the ftate of this matter, before you proceed to put that judgment in execution. For this reafon, I fhall fend his Excellency Lieutenant-general Robertfon, and two other gentlemen, to give you a true state of facts, and to declare to you my fentiments and refolutions. They will fet out to-morrow as early as the wind and tide will permit, and wait near Dobb's-ferry for your permiffion and fafe conduct, to meet your Excellency, or such perfons as you may appoint, to converfe with them on this fubject. I have the honour to be your Excellency's moft obedient and humble fervant, H. CLINTON. Major-general Greene, who verbally reported, that General Robertfon mentioned to him in fubftance what is contained in his letter of the 2d of October, to General Washington, New-York, O. 1, 1780. SIR, I TAKE this opportunity to inform your Excellency, that I confider myself no longer acting under the commiffion of Congress : their laft to me being among my papers at Weft-Point, you, Sir, will make fuch use of it as you think proper. At the fame time I beg leave to affure your Excellency, that my attachment to the true intereft of my country is invariable, and that I am actuated by the fame principle which has ever been the governing rule of my conduct in this unhappy contest. I have the honour to be, very refpectfully, your Excellency's moit obedient humble fervant. B. ARNOLD. His Excellency Gen. Washington. liberty to put in writing the fubftance of what I faid to General Greene. I offered to prove, by the evidence of Colonel Robinfon, and the officers of the Vulture, that Major Andrè went on fhore at General Arnold's defire, in a boat fent for him with a flag of truce; that he not only came afhore with the knowledge and under the protection of the general who commanded in the district, but that he took no ftep while on fhore, but by the direction of General Arnold, as will appear by the inclofed letter from him to your Excellency. Under thefe circumftances, I could not, and hoped you would not, confider Major Andrè as a fpy, for any improper phrafe in his letter to you. The facts he relates correfpond with the evidence I offer; but he admits a conclufion that does not follow. The change of cloaths and name was ordered by General Arnold, under whofe directions he neceffarily was while within his command. As General Greene and I did not agree in opinion, I wished, that difinterested gentlemen of knowledge of the law of war and nations might be afked their opinion on the fubject, and mentioned Monfieur Knyphaufen and General Rochambault. I related, that a Captain Robinfon had been delivered to Sir Henry Clinton as a spy, and undoubtedly was fuch; but that it being fignified to him, that you were defirous that the man fhould be exchanged, he had ordered him to be exchanged. I wished that an intercourfe of fuch civilities, as the rules of war admit of, might take off many of its horrors. I admitted that Major Andrè had a great fhare 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, fet at liberty. I added, that Sir Henry Clinton had never put to death any perfon for a breach of the rules of war, though he had, and now has, many in his power. Under the prefent circumftances, much good may arife 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 Andrè, will be a favour I fhould ever be intent to return to any you hold dear. My memory does not retain, with the exactnefs I could wish, the words of the letter which General Greene fhewed me from Major Andrè to your Excellency. For Sir Henry Clinton's fatiffaction, I beg you will order a copy of it to be fent to me at New-York. I have the honour to be your Excellency's moft obedient and moft humble fervant, JAMES ROBERTSON. His Excellency Gen. Washington. New-York, Oct. 1, 1780. SIR, THE polite attention fhewn by your Excellency and the gentlemen of your family to Mrs. Arnold, when in diftrefs, demands my grateful acknowledgment and thanks, which I beg leave to prefent. From From your Excellency's letter to Sir Henry Clinton, I find a Board of General Officers have given it as their opinion, that Major Andrè comes under the defcription of a fpy: my good opinion of the candour and juftice of thofe gentlemen leads me to believe, that if they had been made fully acquainted with every circumftance refpecting Major Andrè, they would by no means have confidered him in the light of a fpy, or even of a prifoner. 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 fent on purpose for him by Joshua Smith, Efq; who had permiffion tọ go to Dobb's-ferry to carry letters, and for other purpofes not mentioned, and to return. This was done as a blind to the fpy-boats. Mr. Smith at the fame time had my private directions to go on board the Vulture, and bring on fhore Colonel Robinson, or Mr. John Anderfon, which was the name I had requested Major Andrè to affume: at the fame time I defired Mr. Smith to inform him, that he should have my protection, and a fafe paffport to return in the fame boat, as foon as our business was completed. As feveral accidents intervened to prevent his being fent on board, I gave him my paffport to return by land. Major Andrè came on fhore in his uniform (without difguife) which, with much reluctance, at my particular and preffing inftance, he exchanged for another coat. furnished him with a horfe and faddle, and pointed out the route by which he was to return: and as commanding officer in the department, I had an undoubted right His Excellency Gen. Washington. to tranfact all thefe matters, which, if wrong, Major Andrè ought by no means to fuffer for them. But if, after this juft and candid reprefentation of Major Andrè's cafe, the Board of General Officers adhere to their former opinion, I fhall fuppofe it dictated by paflion and refentment; and if that gentleman fhould fuffer the feverity of their fentence, I fhould think myfelf bound by every tie of duty and honour, to retaliate on fuch unhappy perfons of your army as may fall within my power, that the refpect due to flags, and to the law of nations, may be better underflood and obferved. I have farther to observe, that forty of the principal inhabitants of South Carolina have juftly forfeited their lives, which have hitherto been fpared by the clemency of his Excellency Sir Henry Clinton, who cannot in juftice extend his mercy to them any longer, if Major Andrè fuffers; which, in all probability, will open a fcene of blood, at which humanity will revolt. 8 I 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 Andrè. But if this warning fhould be difregarded, and he fuffer, I call heaven and earth to witnefs, that your Excellency will be juftly anfwerable for the torrent of blood that may be fpilt in confequence, I have the honour to be, with due refpect, your Excellency's most obedient and very humble fervant, B. ARNOLD, Tappan Tappan, Oct. 1, 1780. SIR, BUOYED above the terror of death, by the confcioufnefs of a life devoted to honourable purfuits, and ftained with no action that can give me remorse, I trust that the request I make to your Excellency at this ferious period, and which is to foften my laft moments, will not be rejected. Sympathy towards a foldier will furely induce your Excellency and a military tribunal to adapt the mode of my death to the feelings of a man of honour. Let me hope, Sir, that if aught in my character impreffes you with efteem towards me, if aught in my misfortunes marks me as the victim of policy, and not of refentment, I fhall experience the operation of thefe feelings in your breaft, by being informed that I am not to die on a gibbet. I have the honour to be your Excellency's most obedient, and moft humble fervant, JOHN ANDRE, Adj. Gen. to the British Army. The time which elapfed between the capture of Major Andrè, which was the 23d of September, and his execution, which did not take place till twelve o'clock on the 2d of October; the mode of trying him; his letter to Sir Henry Clinton, K. B. on the 29th of September, in which he faid, "I receive the greatest attention from his Excellency General Washington, and from every perfon under whofe 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 A very few words, however, fhall for to the thoufands who suffer fuffice upon a fubject so perfonal; under the tyranny of the ufurpers in the revolted provinces, as well as have long wished for its fubverfion, to the great multitude who this inftance of my conduct can want no vindication; and as to the clafs of men who are criminally protracting the war from finister views at the expence of the public intereft, I prefer their enmity to their applaufe. I am, therefore, only concerned in this addrefs to explain myfelf to fuch of my countrymen, as want abilities or opportunities to detect the artifices by which they are duped. Having fought by your fide when the love of our country animated our arms, I fhall expect, from your justice and candour, what your deceivers, with more art and lefs honesty, honefty, will find it inconfiftent with their own views to admit. When I quitted domeftic happinefs for the perils of the field, I conceived the rights of my country in danger, and that duty and honour called me to her defence. A redress of grievances was my only object and aim; however, I acquiefced in a step which I thought precipitate, the declaration of independence: to justify this meafure, many plaufible reafons were urged, which could no longer exift, when Great Britain, with the open arms of a parent, offered to embrace us as children, and grant the wished-for redrefs. And now that her worst enemies are in her own bofom, I should change my principles, if I confpired with their defigns; yourfelves being judges, was the war the lefs juft, because fellow-fubjects were confidered as our foe? You have felt the torture in which we have raised our arms against a brother. God incline the guilty protracters of thefe unnatural diffenfions to refign their ambition, and ceafe from their delufions, in compaffion to kindred blood ! I anticipate your queftion, Was not the war a defenfive one, until the French joined in the combination? I answer, that I thought fo. You will add, Was it not afterwards neceffary, till the feparation of the British empire was complete? By no means; in contending for the welfare of my country, I am free to declare my opinion, that this end attained, all ftrife should have ceafed. I lamented, therefore, the impolicy, tyranny, and injuftice, which, with a fovereign contempt of the people of America, ftudi oufly neglected to take their collective fentiments of the British propofals of peace, and to negociate, under a fufpenfion of arms, for an adjustment of differences; I lamented it as a dangerous facrifice of the great interests of this country, to the partial views of a proud, ancient, and crafty foe. I had my fufpicions of fome imperfections in the councils, on propofals prior to the parliamentary commiffion of 1778; but having then lefs to do in the cabinet than the field (I will not pronounce peremptorily, as fome may, and perhaps justly, that Congrefs have veiled them from the public eye) I continued to be guided in the negligent confidence of a foldier. But the whole world faw, and all America confeffed, that the overtures of the fecond commiffion exceeded our wishes and expectations; and if there was any fufpicion of the national liberality, it arofe from its excess. Do any believe we were at that time really entangled by an alli ance with France? Unfortunate deception! they have been duped by a virtuous credulity, in the incautious moments of intemperate paffion, to give up their felicity to ferve a nation wanting both the will and power to protect us, and aiming at the deftruction both of the mother country and the provinces. In the plainnefs of common fenfe, for I pretend to no cafuiftry, did the pretended treaty with the court of Versailles, amount to more than an overture to America? Certainly not, becaufe no authority had been given by the people to conclude it, nor to this very hour have they authorifed its ratification. The articles |