APPENDIX.

Copy of a Letter from Major Andrè, Adjutant-general, to Sir Henry Clinton, K. B. &c. &c.

Tappan, Sept. 29, 1780.

SIR, YOUR excellency is doubtless already apprifed of the manner in which I was taken, and poffibly of the ferious light in which my con ́duct is confidered, and the rigorous determination that is impending. Under thefe circumftances, I have obtained General Washington's permiflion to fend you this letter, the object of which is, to remove from your breaft any fufpicion that I could imagine I was bound by your excellency's orders. to expofe myfelf to what has hap pered. The events of coming within an enemy's pofts, and of changing my drefs, which led me to my prefent fituation, were contrary to my own intentions, as they were to your orders; and the ci uitous route which I took to return, was impofed, (perhaps unavoidably) without alternative, upon me.

I am perfectly tranquil in mind, and prepared for any fate to which an honeft zeal for my king's fervice may have devoted me.

In addreffing myself to your excellency on this occafion, the force of all my obligations to you, and of the attachment and grati

ful attendant can frame.

I have a mother and three fifters, to whom the value of my commiflion would be an object, as

the lofs of Grenada has much affected their income. It is needlefs to be more explicit on this' fubject; I am perfuaded of your excellency's goodness,

I receive the greatest attention from his excellency General Washington, and from every perfon under whofe charge I happen to be placed.

I have the honour to be, with the moft refpectful attachment, your excellency's moft obedient, and most humble fervant,

JOHN ANDRE, Adjutent-gen. (Addre:fed) His Excellency Sir Henry Clinton, K. B. &c. &c. &c.

Copy of a Letter from his Excellency General Wathington, to his Ex. cellency Sir Henry Clinton.

Head Quarters, Sept. 30, 1780.

SIR,

IN answer to your excellency's letter of the 26th inftant, which I had the honour to receive, I am to inform you, that Major Andrè was taken under fuch circumftances, as would have juftified the moft fummary proceedings against him, I determined, however, to refer his cafe to the examination and decifion of a board of general officers, who have reported, on his free and voluntary confeffion and

letters,

letters, "That he came on fhore from the Vulture floop of war, in the night of the 21t of September," &c. &c. as in the report of the board of general officers.

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From these proceedings it is evident, Major Andrè was ployed in the execution of meafures very foreign to the objects of flags of truce, and fuch as they were never meant to authorize or countenance in the moft diftant degree; and this gentleman confelfed, with the greatest candour, in the course of his examination, "That it was impoffible for him to fuppofe, he came on fhore under the fanction of a flag.".

I have the honour to be your excellency's most obedient, and moft humbie fervant,

G. WASHINGTON,

(Addreffed)

His Excellency Sir Henry Clinton.

In this letter, Major Andrè's, of the 29th of September, to Sir Henry Clinton, was tranfmitted.

SIR,

Major Andrè, who vifited an officer commanding in a district at his own defire, and acted in every circumftance agreeable to his direction, I find is detained a prifoner: my friendship for him leads me to fear, he may foffer fome inconvenience for want of neceffaries; I wish to be allowed to fend him a few, and thall take it as a favour if you will be pleased to permit his fervant to deliver them. In Sir Henry Clinton's abfence, it becomes a part of my duty to make this representation and request.

I am, Sir, your Excellency's moft obedient humble fervant, JAMES ROBERTSON, Lieut. Gen. His Excellency Gen. Washington.

SIR,

Tappan, Sept. 30, 1780.

PERSUADED that you are inclined rather to promote than prevent the civilities and acts of humanity, which the rules of war permit between civilized nations, I find no difficulty in reprefenting to you, that feveral letters and meffages fent from hence, have been difregarded, are unanswered, and the flags of truce that carried them detained. As I ever had treated all flags of truce with civility and respect, I have a right to hope, that you will order iny complaint to be immediately redreffed.

and the peculiar circumftances of the occafion, not from any intenletter that admitted of an answer, tional neglect, or violation. The has received one as early as it could be given with propriety, tranfmitted by a flag this morning. As to meffages, I am uninformed of any that have been sent.

will be delivered to him, agreeThe neceffaries for Major Andrè able to your request.

I am, Sir, your most obedient humble fervant, G. WASHINGTON, His Excellency Lieut. Gen. Robertfon, New-York. New

SIR,

New-York, Sept. 30, 1780.

FROM your excellency's letter of this date, I am perfuaded the Board of Genera 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."

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For this reafon, I fhall fend his Excellency Lieutenant-general Robertfon, and two other gentlemen, to give you a true ftate of facts, and to declare to you my fentiments and resolutions. 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 fuch 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.

bally reported, that General RoMajor-general Greene, who ver

bertfon mentioned to him in fubftance what is contained in his letter of the 2d of October, to General Washington.

SIR,

New-York, Oct. 1, 1780.

I TAKE this opportunity to inform your Excellency, that I confider myself no longer acting under the commiflion of Congrefs: their last 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 conteft.

I have the honour to be, very refpectfully, your Excellency's most obedient humble servant, 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 diftrict, but that he took no step while on fhore, but by the direction of General Arnold, as will appear by the inclosed 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 wifhed, that difinterefted gentlemen of knowledge of the law of war and nations might be asked 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 fpy, 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 Ma jor Andrè had a great thate of Sir Henry Clinton's efteem, 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 person 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 treats ment 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 with, the, words of the letter which General Greene fhewed me from Major Andrè to your Excellency. For Sir Henry Clinton's fatiffaction, 1 beg you will order á copy of it to be fent to me at New-York.

I have the honour to be your Excellency's moft obedient and most humble servant,

JAMES ROBERTSON. His Excellency Gen. Washington.

New-York, O. 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 juftice to him, I think it my duty to declare, that he came from on board the Vulture at my particular requeft, by a flag fent on purpofe for him by Joshua Smith, Efq; who had permiffion to 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 Anderson, 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 bufinefs 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 depart ment, I had an undoubted right

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to tranfact all these 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 paffion and refentment; and if that gentleman fhould fuffer the feverity of their fentence, I should think myself 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 understood and observed.

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 justice 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.

Suffer me to entreat your Excellency, for your own, and the honour of humanity, and the love you have of juftice, that you suffer not an unjuft fentence to touch the life of Major Andrè.

But if this warning fhould be difregarded, and he fuffer, I call heaven and earth to witness, 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,

His Excellency Gen. Washington.

Tappan