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THE HE business of retaliating the execution of capt. Huddy shall begin the present letter. Gen. Washington having made up his mind on the subject, wrote to Brigadier Hazen at Lancasterin Pennsylvania, on the 3d of May-"You will immediately, on the receipt of this, designate by lot for the above purpose (of retaliation) a British captain who is an unconditional prisoner, if such an one is in your possession; if not, a lieutenant under the same circumstances, from among the prisoners at any of the posts either in Pennsylvania or Maryland. So soon as you have fixed on the person, you will send him under a safe guard to Philadelphia. I need not mention to you that every possible tenderness, that is consistent with the security of him, should be shown to the person whose unfortunate lot it may be to suffer." He received about the same time from gen. Robertson a letter of May 1, acquainting him, that a court-martial was appointed by Sir Henry Clinton for trying the person complained of and all his abettors in the death of Huddy, and that Sir Henry had taken measures for it before he received any letter from gen. Washington on the subject. Robertson expressed his wish, that the war might be carried on agreeable to the rules which humanity has formed, and the examples of the politest nations recommended; and proposed that they should agree to prevent or punish every breach of the rules of war within the spheres of their respective commands. The letter was accompanied with a number of papers, sta-" ting many acts of barbarity committed by the Americans; and which had been put into his hands as vindications of the enormity complained of by Washington. Robertson meant to prevail upon the latter to desist from his purpose. Washington however, in his answer of May 5, said- So far from receding from that resolution, orders are given to designate a British officer for retaliation. But still hope the result of your court-martial will prevent this dreadful alternative." After sincerely lamenting the cruel necessity, which alone could induce so distressing a measure in the present instance, he assured the other that lie entertained his wish and acceded to his proposal. But to some parts of Robertson's letter he could not refrain from answering-"Recrimination would be useless; I forbear therefore to mention numerous instances which have stained the reputation of your arms, marked

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the progress of this war with unusual severity, and disgraced the honor of human nature itself." When Washington was informed that capt. Asgill (a youth of nineteen) had been designated and sent forward, he wrote to Hazen on the 4th of June-"I am mach concerned to find that capt. Asgill has been sent on, notwithstanding the information you had received of there being "unconditional prisoners of war in our possession. To remedy, therefore, as soon as possible, this mistake, you will be pleased immediately to order, that lieut. Tumer, the officer you mention to be confined in York jail, or any other prisoner who falls within my description, may be conveyed to Philadelphia, under the same regulations and directions as were heretofore given, that he may take the place of capt. Asgill." The same day he or dered col. Dayton of the Jersey line to permit capt. Ludlow, Asgill's friend, to go into New-York with such representation as Asgill would please to make to Sir Guy Carleton; and begged of him in the mean time to treat Asgill with every tender attention and politeness (consistent with his present situation) which his rank, fortune and connections, together with his unfortunate state demanded. In a subsequent letter to the colonel he said-I wish to have the young gentleman treated with all the tenderness possible consistent with his present situation," and after that-"I am very willing, and indeed wish every indulgence to be granted him that is not inconsistent with his perfect security." Captain Asgill, writing to gen. Washington, thus expressed himself" In consequence of your orders, col. Dayton was desirous of removing me to camp, but being ill of a fever, I prevailed on him to let me remain at his quarters (Chatham) close confined, which indulgence I hope will not be disapproved of. I cannot conclude this letter without expressing my gratitude to your excellency for ordering col. Dayton to favor me as much as my situation would admit of, and in justice to him I must acknowledge the feeling and attentive manner in which those commands were cxecuted. You may enquire, why was not Tuner, or some other officer, sent on to take the place of Asgill? It is not in my power to answer.

Meanwhile the British court-martial proceeded on the trial of capt. Richard Lippincot, thought to be the principal in executing captain, Huddy. When it was finished, the proceedings of the court were sent to gen. Washington by Sir Guy Carleton. It appeared in the course of the trial, that gov. Franklin, the prèsident of the board of associated loyalists gave Lippincot verbal or ders for what he did, and that the same were known and agreed to by several of the board, without being expressly opposed by

any.

any. The board seemed desirous of exculpating themselves whole ly, and of leaving Lippincot to his fate. A paper was produced in court as being in the hand writing of Mr. Alexander, a member of the board. It mentioned that one of their associates, Philip White, was inhumanly and wantonly murdered by the guard who were carrying him to Monmouth jail. It complained of many daring acts of cruelty, perpetrated with impunity by a set of vindictive rebels, known by the designation of Monmouth Retali utors, associated and headed by one gen. Forman, whose horrid acts of cruelty gained him universally the name of Black David. It set forth, that many of their friends and neighbors were butchered in cold blood under the usurped form of law, and often without that ceremony, for no other crime than that of maintaining their allegiance to the government under which they were born, audaciously called by the rebels treason against their states; and that their associators thought it high time to begin a retaliation: that they therefore pitched upon Joshua Huddy as a proper subject, he having been a very active and cruel persecutor of their friends, and having boasted of being instrumental in hanging Stephen Edwards, the first of their brethren who fell a martyr. to republican fury in Monmouth county. Huddy, it asserted, tied the knot and put the rope about the neck of that inoffensive sufferer. The plea urged by the parties, who defended the execution of Huddy, was By a strange fatality the loyalists are the only people that have been treated as rebels during the unhappy war, and we are constrained by our sufferings to declare, that no efforts have been made by the government, under whose protection we wish to live, to save our brethren from ignominious deaths. The rebels punish the loyalists, under their usual distinction of prisoners of state from prisoners of war."

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When the business had been fully and impartially heard and discussed, it was finished by the following declaration—“ The court having considered the evidence for and against the captain, and it appearing that (although Joshua Huddy was executed without proper authority) what the prisoner did, was not the effect of malice or ill-will, but proceeded from a conviction, that it was his duty to obey the orders of the board of directors of associated loyalists, and his not doubting their having full authority to give such orders, the court is of opinion that he is not guilty of the murder laid to his charge, and therefore acquit him.

Sir Guy Carleton, in a letter which accompanied the trial of capt. Lippincot, declared in unequivocal terms to gen. Washington, that notwithstanding the acquittal of the captain, he reprobated the measure, and gave assurances of prosecuting a further

inquiry

inquiry. This changed the ground the gen. was proceeding upon, and placed the matter upon an extremely delicate footing. Sir Guy charged him with want of humanity in selecting a victim from among the British officers, so early as he did. But Sir Guy should have considered, that by the usages of war, and upon the princi ples of retaliation, the general would have been justified in execu ting an officer of equal rank with capt. Huddy immediately upon receiving proofs of his murder, and then informing Sir Henry Clinton he had done so. The ground which the general was prou ceeding upon being changed, he by a letter of the 19th of August laid the whole matter before congress for their direction. The affair being put into this train, the general sent word to col Dayton on the 25th, "You will leave capt. Asgill on parole at Morristown, until further orders." The captain was admitted to his parole even within ten or twelve miles of the British lines He was indulged with a confidence yet more unlimited, by being permitted for the benefit of his health, and the recreation of his mind, to ride not only about the American cantonments, but in to the surrounding country, for several miles, with his friend and companion, major Gordon, constantly attending him. Every mi litary character must suppose that these indulgencies flowed from the American commander in chief: which was the real case, and is not to be ascribed to the interference of count Rochambeau. Congress referred gen. Washington's letter and the proceedings of the British court-martial upon Lippincot to a committee, who delivered in their report on the 17th of October. Ten days before, [Oct. 7.] Washington wrote in a private letter to the secretary at war- "The case of capt. Asgill is now before-ĉongress. Was I to give my private opinion respecting Asgill, I should pronounce in favor of his being released from his duresse; and that he should be permitted to go to his friends in Europe." Congress delayed bringing the matter to an issue. At length the general received a letter from the count de Vergenness, dated the 29th of July, interceding for capt. Asgill. It was accompanied with an uncommonly pathetic one from Mrs. Asgill, the mother to the count. Vergennes in the most polite, humane and powerful manner pleaded her cause. "Your excellency (he said) will not read this letter without being extremely affected: it had that effect upon the king and upon the queen, to whom I communicated it. The goodness of their majesties hearts ittduces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured.-There is one consideration, Sir, which though not decisive, may have an infucnce upon your resolution: Capt. Asgill is doubtless your

prisoner,

prisoner, but he is among those whom the arms of the king con tributed to put into your hands at York-Town. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. In seeking to deliver Mr. Asgill from the fate which threatens him, I am far from engaging you to seek another victim; the pardon, to be perfectly satisfactory, must be entire." Washington sent copies of the letters, with one of his own of the 25th of October, to congress. On the 7th of November they "resolved, That the commander in chief be, and he is hereby directed to set captain Asgili at liberty." It afforded gen. Washington singular pleasure to have it in his power to transmit a copy of this resolve to the Capt. the 13th and as he supposed the latter would wish to go into New-York as soon as possible, he sent with it a passport for that purpose. They were accompanied with a letter, which closed with " I cannot take leave of you, Sir, without assuring you, that in whatever light my agency in this unpleasing affair may be viewed, I was never influenced, through the whole of it, by, sanguinary motives; but by what I conceived to be a sense of my duty, which loudly called upon me to take measures, however disagreeable, to prevent a repetition of those enormities which have been the subject of discussion, And that this important end is likely to be answered without the effusion of the blood of an innocent person, is not a greater relief to you than it is to, Sir, your most obedient, humble servant, George Washington.". Though the treatment capt. Asgill met with from the ge neral, in the various indulgences that were granted him, merited an acknowledgment after his liberation, none was offered, and the captain is thought to have been deficient in politeness.

It was not long after Sir Guy Carleton's arrival, cre he broke up the board of associated loyalists, and thereby precluded a reper tition of the like enormity that had been practised on Huddy, He arrived on the 5th of May; on the 7th he wrote to gen. Washington, and sent him some public papers, that his excellency might learn from them, the dispositions that prevailed in the govern ment and people of Great-Britain relative to the making of apeace with the Americans. How necessary this is for the United States, the following extracts from the public and private letters of gen tlemen of the first eminence, will convince you" May 19. Our army is perfectly naked, without pay or rum. The greatest dee cision and severity has been used to prevent the consequences of mutinous disposition which generally pervaded the troops. Its appearances are removed, but I know of no expedient that will secure the existence of this [the southern army, unless supplies VOL. III.

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