Head Quarters Orangetown Sunday October 1st 1780
For the day Tomorrow
Brigadier General Glover
Lieutenant Colonel Dearborn
Brigade Major Pettingall
The Board of General officers appointed to examine into the Case of Major André have reported.
1st "That he came on shore from the Vulture sloop of War in the night of the 21st of September last on an interview with General Arnold in a private and secret manner.
2ndly "That he changed his dress within our Lines and
under a feigned name and in a disguised habit passed our works at Stoney and Vere-Planks Points the Evening of the 22d of September last and was taken the morning of the 23d of September last at Tarrytown in a disguised habit being then on his way to New York; and when taken he had in his possession several Papers which contain’d intelligence for the Enemy."
The Board having maturely considered these Facts do also report to his Excellency General Washington
"That Major Andrè 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."
The Commander in Chief directs the execution of the above Sentence in the usual way this afternoon at five ô’clock precisely.
At a division General Court martial the 11th of September last Lieutenant Colonel Commandant Sherman President, Major Albert Chapman was tried upon the following Charges
1st "For Embezzling Public Property and endeavouring to induce the Quarter master of the regiment to assist him in embezzling powder for his own private use.
2d "For making up two enormous bills against Colonel Nelson an inhabitant of Morristown for taking up a strayed horse the property of said Nelson and that without any expence to himself.
3d "For giving a Certificate to a soldier in the 7th regiment that he was inlisted for three years only, when he had repeatedly muster’d him for during the war and sworn to the Muster Rolls."
The Court on considering the first and third Charges against Major Chapman are of opinion the charge of Embezzling public property is not supported therefore do acquit him of it; but find him guilty of the other part of the first and third charge being a breach of Article 5th Section 18th of the Articles of War and do sentence him to be reprimanded in Division orders.
The General is sorry to be under the disagreeable necessity of differing in opinion with the Court, but he thinks the sentence entirely inadequate to charges of so serious a nature as those of which they find Major Chapman guilty. He is released from Arrest.
There was a mistake in entering the evening order of the 25th ultimo: instead of the Pennsylvania division the first Pennsylvania brigade only should have been mentioned as the second brigade did not receive marching orders ’till several hours after.
The Execution of Major André is postponed ’till tomorrow.
Major André is to be executed tomorrow at twelve ôclock precisely a Battalion of Eighty files from each wing to attend the Execution.
DLC: Papers of George Washington.