George Washington Papers
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From George Washington to General Henry Clinton, 30 September 1780

X
To General Henry Clinton

Head Quarters [Tappan] Septemr 30th 1780

Sir

In answer to Your Excellency’s letter of the 26th instant, which I have had the honor to receive, I am to inform you, that Major André was taken under such circumstances, as would have justified the most summary proceedings against him.1 I determined, however, to refer his case to the examination and decision of a Board of General Officers; who have, on his free and voluntary confession and letters, reported—First. “That he came on shore from the Vulture Sloop of War in the night of the twenty first of September [instant] on an interview with General Arnold in a private and secret manner. secondly—that he changed his dress within our lines, and under a feigned name and in a disguised Habit, passed our Works at Stony and Verplanks points the evening of the twenty second of September [instant], and was taken the morning of the twenty third of September [instant], at Tarry Town, in a disguised Habit, being then on his way to New York, and when taken, he had in his possession several papers which contained intelligence for the Enemy. The Board having maturely considered these facts do also report to his Excellency Genl Washington—that Major André Adjutant General to the British Army ought to be considered as a Spy from the Enemy, and that agreeable to the law and usage of Nations it is their opinion he ought to suffer death.”

From these proceedings it is evident Major André was employed in the execution of Measures, very foreign to the objects of Flags of Truce, and such as they were never meant to authorise or countenance in the most distant degree—and this Gentleman confessed with the greatest candor in the course of his examination “that it was impossible for him to suppose he came on shore under the sanction of a Flag.”2 I have the honor to be Your Excellency’s Most obt and most humble Servt

Go: Washington

LS, in Tench Tilghman’s writing, P.R.O.: 30/55, Carleton Papers; LB, MiU-C: Clinton Papers; Df, DLC:GW; copy, DLC:GW; copy, enclosed in GW to Samuel Huntington, 7 Oct. (Document XVI), DNA:PCC, item 152; copy, P.R.O.: C.O. 5/100; Varick transcript, DLC:GW. GW’s secretary Robert Hanson Harrison wrote the draft, which includes a postscript: “N.B. Under cover of the foregoing Letter One from Major Andre to His Excellency General Sir Henry Clinton K.B. &c. &c. &c. was transmitted, of the following import; Also One from him to Major Crosbie, Aid de Camp &c. and a Billet from Mrs Arnold to Genl Arnold.” For Maj. John André’s request to write these two letters, see Document II.

GW’s aide-de-camp Alexander Hamilton copied André’s letter to Clinton written at Tappan on 29 Sept.: “Your Excellency is doubtless already apprised of the manner in which I was taken, and possibly of the serious light in which my conduct is considered, and the rigorous determinati⟨on⟩ that is impending.

“Under these circumstances, I have obtained General Washington’s permission to send you this letter, the object of which is to remove from your breast any suspicion, that I could imagine I was bound by your Excellency⟨s⟩ orders to expose myself to what has happened. The events of coming within an enemy⟨s⟩ posts and of changing my dress which led me to my present situation were contrary to m⟨y⟩ own intentions as they were to your orders⟨;⟩ and the circuitous route, which I took to retur⟨n⟩ was imposed (perhaps unavoidably) without alternative upon me.

“I am perfectly tranquil in mind, and prepared for any fate, to which an honest zeal for my kings service, may have devoted me.

“In addressing myself to your Excellency on this occasion, the force of all my obligations to you and of the att⟨ach⟩ment and gratitude I bear you, recurs t⟨o⟩ me. With all the warmth of my heart, I give you thanks for Your Excellency’s profu⟨se⟩ kindness to me; and I send you the mo⟨st⟩ ear⟨ne⟩st wishes, for your welfare, which a faith⟨full affectionate an⟩d respe⟨ctfull⟩ attenda⟨n⟩t can f⟨rame⟩.

“I have a mother and three sisters to whom the value of my commission would be an object, as the loss of Grenada has much affected their income. It is needless to be mor⟨e⟩ explicit on this subject; I am persuaded of your Excellency’s goodness.

“I receive the greatest attention from His Excellency General Washingt⟨on⟩ and from every person, under whose charge I happen to be placed” (DLC:GW; see also Van Doren, Secret History description begins Carl Van Doren. Secret History of the American Revolution: An Account of the Conspiracies of Benedict Arnold and Numerous Others drawn from the Secret Service Papers of the British Headquarters in North America now for the first time examined and made public. New York, 1941. description ends , 475–76).

Clinton commented on André’s admission when he wrote an unknown correspondent, probably in October: “He has been I fear persuaded and so infatuated as to acknowledge Himself a Spy: this the Board, contrary to Justice, Custom, and Humanity, have laid hold of, and upon this Confession, possibly extorted, condemned Him” (Van Doren, Secret History description begins Carl Van Doren. Secret History of the American Revolution: An Account of the Conspiracies of Benedict Arnold and Numerous Others drawn from the Secret Service Papers of the British Headquarters in North America now for the first time examined and made public. New York, 1941. description ends , 477).

Hessian major Carl Leopold Baurmeister, who chronicled unfolding intelligence, commended GW’s letter in his dispatch written at New York City on 6 Oct.: “General Arnold was received in New York in a very friendly manner. Everyone laments the fate of Major André and the failure of this important enterprise. Washington shows himself very noble in his reply to General Clinton, in which he says that the case is settled as far as he is concerned, and that he will do nothing to hurt Major André in the eyes of Congress. He is satisfied, he says, with having delivered to Congress a man whose actions will cause him to double his vigilance, and that it would give him no further satisfaction if André were to suffer the extreme penalty, which he indeed deserves. The consequent dispatches sent from headquarters to headquarters and from New York to Philadelphia keep General Clinton exceedingly busy.

“Governor Robertson also has his hands full, for General Arnold accused some forty persons in and around New York of being in communication with the rebels. Most of them have already been taken into custody and found guilty at the first hearing.

“Major André was taken away from Stony Point under a heavy guard, but we do not know whether he is imprisoned in Philadelphia. He was given permission to ask for his most essential belongings. … It is a pity that it took this extremely capable young man to teach us that we must not be too careless, even with a weak and poorly trained enemy. In the meantime, everyone believes that Major André’s chief punishment will be solitary confinement and that the severity of it will be determined by the punishment we mete out to the traitors in New York and St. Augustine. …

“Unfortunately, I have to finish my account with the sad news that Major André, found guilty by a court-martial, whose sentence was confirmed by Congress, was hanged as a spy on Monday, the 2nd of October, in the camp at Tappan in the presence of deputies of General Clinton, and that no offer was made. I leave it to your Excellency to judge how exacting and severe a sentence the enemy passes at present and how far, unfortunately, we are from a peace between America and Great Britain (Baurmeister, Revolution in America description begins Carl Leopold Baurmeister. Revolution in America: Confidential Letters and Journals, 1776–1784, of Adjutant General Major Baurmeister of the Hessian Forces. Translated and annotated by Bernhard A. Uhlendorf. New Brunswick, N.J., 1957. description ends , 376, 384; see also Document XIII, source note; Document XV, n.3; and Benjamin Tallmadge to GW, 11 Oct., and n.2 to that document).

1See Document V.

2For Clinton’s reply to GW, see Document XI; see also Documents VII and VIII.

A letter to Clinton in disguised handwriting—attributed to Hamilton—was dated 30 Sept.: “It has so happened in the course of events, that Major André Adjutant General of your army has fallen into our hands. He was captured in such a way as will according to the laws of war justly affect his life. Though an enemy his virtues and his accomplishments are admired. Perhaps he might be released for General Arnold, delivered up without restriction or condition, which is the prevailing wish. Major André’s character and situation seem to demand this of your justice and friendship. Arnold appears to have been the guilty author of the mischief; and ought more properly to be the victim, as there is great reason to believe he meditated a double treachery, and had arranged the interview in such a manner, that if discovered in the first instance, he might have it in his power to sacrifice Major André to his own safety. … No time is to be lost” (Hamilton Papers description begins Harold C. Syrett et al., eds. The Papers of Alexander Hamilton. 27 vols. New York, 1961–87. description ends , 2:445–46; see also Van Doren, Secret History description begins Carl Van Doren. Secret History of the American Revolution: An Account of the Conspiracies of Benedict Arnold and Numerous Others drawn from the Secret Service Papers of the British Headquarters in North America now for the first time examined and made public. New York, 1941. description ends , 476).

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