f.^mm;^M^MM^wmmmm'y E OfurneU Itttucratty Sitbrati} atliaca, New favlt THE JAMES VERNER SCAIFE COLLECTION CIVIL WAR LITERATURE THE GIFT OF JAMES VERNER SCAIFE CLASS OF 1889 1919 when this volume was taken. _ .is book copy the call No. and give to the hbrarian, HOME USE RULES All Books subject to Recall All borrowers must regis- ter in the hbraxy to borrow books for home use. All books must be re- turned at end of college year for inspection and repairsj Limited books must be re- turned within the four week limit and not renewed. Students must return all books before leaving town. Officers should arrange for the return of books wanted during their absence from _; town. Volumes of periqdicals —• •• and of pamphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. '. Borrowers should not use ' their library privileges for the benefit of other persons. Books of special value and gift books, when the giver wishes it, are not allowed to circulate. Readers are asked to re- » port all cases of books marked or mutilated. Do not deface bo6kB by marks and writing. Cornell University Library E207.L47 M82 "Mr. Lee's plan-March 29. 1777" 3 1924 032 737 342 olin Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924032737342 THE TREASON OF CHARLES LEE. " If I had ever assumed the character of a military genius, and the officer of experience ; if, under these false colors, I had so- licited the command I was honored with ; or if, after my appoint- ment, I had driven on, under the sole guidance of my own judg- ment, and self-will ; and misfortunes, the result of obstinacy and misconduct, not of necessity, had followed, I should have thought myself a proper subject for the lash, not only of his, but of the pen of every other writer, and a fit object of public resentment. . . . An effrontery, which few men do, and; for the honor of human nature, none ought to possess." Washington to President Eeed, July 29iA, IVYO. . " Servetur ad imum, Qualis ab incepto processerit, et sibi- constet." Horace, Ad, Fisones ; 126. MAJ. GEN. CHARLES LEt. lT:,.,t,-»l..'Jtffta>. BirwmHK; Gi''i?U'Eir&'M foco. "Mr. Lee's Plan — March 29, 1777." THE TREASON OF CHARLES LEE MAJOR GENERAL SECOND m COMMAND IN THE AMEEICAN AEMT OF THE REVOLUTION. BY GEOEGE H. MOOEE LIBRARIAN OP THE NEW-TORK HISTORICAL SOCIETY. [BEAD BEFOEE THE SOCIETY, ON TUESDAY EVENING, JUNE 22, ]8o8.] The evil that men do lives after them." NEW-TOEK: CHARLES SORIBNEE, 124 GRAND STREET. M.TIC0O.I.X. s E5 Y A,33"f^a Entered, according to Act of Congress, in the year 1858, by GEOEGE HENEY MOOEE, in the Clerk's Office of the District Court of the United States for the Southern District of New-York. JOnN F. TROW, Printer, Stereotyper, and Electrotyper, 377 Broadway. ^ TO THE HON". LUTHEE BEADISH, LL.D. PRESIDENT OF THE NETV-TOEK HISTORICAL SOCIETY WITH A GEATEFUL ACKNOWLEDGMENT OF THAT PEESONAL FEIENDSHIP WHICH HAS BEEN THE ENCOUEAGEMENT AND EEWAED OF MY LONG SEEYICE IN THE SOCIETY OVEE WHICH HE PEESIDES WITH EQUAL DIGNITY AND ABILITY THIS ESSAY IS EESPECTFULLY DEDICATED BY GEORGE HENKY MOOKE. January, 1860. PREFACE This Essay, wHcli presents to the world, for tlie first time, the positive proofs of the treason of General Lee, is intended simply to indicate their relation to the history of the American Revolution. They seem to me too important to be withheld during the time necessary for the preparation of the work, of which my announcement accompanies this volume — and for which I am led to expect from various private sources ia England, as well as this country, additional materials of great impor- tance. I have given fac-similes of the original Plan of Treason, and, for the purpose of comparison, of the letter to General Gates, written by General Lee just before his capture. The first is the docu- ment which suggested this essay. Its authenticity is unquestionable, and will bear the most thorough nil PREFACE. investigation. When it ivas first 'brouglit to me, Avith. other documents from the same sources in England, I was not allowed to examine it any further than was necessary to satisfy myself of its genuineness by those tests with which all scholars are familiar — a restriction to which I submitted upon the undoubted assurance that the same con- ditions had been and would be imposed upon every one to whom it had been or would be shown. As this restriction was intended to assure the pecu- niary value of the manuscripts, which were offered for sale, I have no reason to doubt that it was in- variably imposed, so that when I purchased them, a few days afterwards, I found myself in sole pos- session of papers of the most startling character — a key to some of the strangest secrets of the Revo- lution. The portrait opposite the title-page is reduced from the folio print published in London during the war, and was engraved to accompany the illustrated edition of Irving's Life of Washington. I am indebted to the liberal courtesy of Mr. George P. Putnam for permission to use the plate. The other engraving was taken from a carica- ture drawing, by Barham Eushbrooke, Esq., of West PREFACE. IX Stowe, near Bury, in England. He was commonly called Counsellor Rushhroolce, from Ms having been bred to the law. He was considered as a man of great taste in painting, and all the liberal arts. His grandson married one of the daughters of Sir Charles Davers, Avho was one of General Lee's most intimate friends. General Lee's likeness was taken on his return from Poland, in his uniform as aid-de-camp to Stan- islaus, King of Poland. It appears to have been carefully preserved by the Davers family, and was engraved in 1813, to accompany a work published by Dr. Thomas Girdlestone, to prove that Lee was the author of Junius. That gentleman, to whose work I am indebted for these facts, says of it: " Though designed as a caricature, it was allowed^ hy all wlio hneiu General Lee, to he tlie only success- ful delineation, either of his countenance or person^'' It is the only one of the so-called portraits, which I have met with, bearing any evidence of authen- ticity, or answering to the personal descriptions given by his cotemporary friends and biographers. Sir Henry Bunbury says : " In person he was tall and extremely thin ; his face ugly, with an aquiline nose of enormous proportion." Dr. Girdlestone X PEEFACE. says : " General Lee was a remarkably thin man, and is said to have had the smallest hand and slen- derest fingers that could be seen." Mr. Lang- worthy says : " The General, in his person, was of a genteel make, and rather above the middle size; his remarkable aquiline nose rendered his face some- what disagreeable." Another description is that " he was of more than ordinary stature, lean but well proportioned. His features were"^ disagreea- ble." The Life of General Lee has been written by Mr. Edward Langworthy, in the memoirs published in 1792 and 1*797 in England, and thrice reprinted in America ; by Sir Henry Bunbury, whose father was a first cousin of Lee, in 1838 ; and by Mr. Sparks in 1846, for his series of American Biog- raphies. To these are to be added numerous anonymous sketches, scattered through the journals and periodicals of the last century, and notices more or less brief, in various biographical works. I have sought for and examined all that are acces- sible to me. To all I wish to render due acknowl- edgment, and especially to Mr. Spabks, whose steps must be followed with grateful reverence by every student of American History, and with PEEFACE. XI no little caution by any who may presume even in the Hght of new discoveries, to differ with him on any important poiat. Me. Banceoft, to whom I made known the ear- liest results of my studies, recognizing at once the important bearing which they have on the subject of his own grand work, permitted me to make sev- eral extracts from his collection of MSS., illustrat- ing and conflrming the positions which I had taken; and encouraged me in my labors by his liberal approbation. I have also to acknowledge my obligations to Professor George "W. Greene, Mr. John Jay, Mr. John Carter Brown, of Providence, to whose Hber- ality and the kindness of my friend the Hon. John Eussell Bartlett, I am indebted for access to the treasures in his library, one of the richest in the world in American History ; Mr. N. F. Cabell, of Warminster, Nelson County, Va. ; Mr. William Hunter, of the State Department at Washington ; Mr. Townsend Ward, and Mr. Ferdinand J. Dreer, of Philadelphia. But my chiefest acknowledgment is really due and most heartily rendered to Petee Foecb, my father's, and my own venerated friend, whose great Xll PEEFACE. work, the American Archives, is the monument of his abihty, judgment, industry, and fidelity. It is the thesaurus maxirmis^ the chief treasure-house of American History. Its completeness, and richness of illustration, for the period it embraces, is such as to enhance the regret, which is shared by all scholars, that its progress has been so long and so seriously interrupted. THE TREASON OF CHARLES LEE. Me. Peesidewt: The paper wMch I have the honor to submit to the Society this evening, is sketched from ma- terials reserved for a more elaborate examination of the principal topic, than the limits of a single paper would permit. I have availed myself of the invitation, to make known to the pubhc the exist- ence of documents hitherto unknown in our history, and of great importance to that portion of it, which records the struggles through which the Eepublic came into existence. In the hour to which I am limited, I shall ask your attention to some sketches of the life and character of Charles Lee, in order to a proper appreciation of his place in the history of the American Revolution. Chaeles Lee was the youngest son of Colonel John Lee, of Dernhall, in Cheshire, England ; his mother was Isabella, the second daughter of Sir Henry Bunbury, Bart., of Stanney, in the same county. The Lees of Dernhall were an ancient 2 TEEASOK OF CHAELES LEE. family, of which the Earls of Lichfield were a younger branch ; but the chief line which removed from Lee to Dernhall in the time of Charles I., be- came extinct in the male line at the decease of the subject of this paper. John Lee, some time a Cap- tain of Dragoons, afterwards Lieutenant-Colonel of General Barrell's Eegiment, 4th Foot Guards, was made Colonel of the 44th, (or East Essex Eegi- ment,) a Eegiment on the Irish Establishment, March 11, 1743. He continued in the service until his death, which occurred on the 5th August, lYSO. His widow (baptized at Chester Cathedral, October 2, 1702) was still living in December, 1764. Of their four children, the daughter, Sidney Lee, and the youngest son, Charles, were at that time the only survivors; Thomas and Henry having died, and without leaving children. Miss Sidney Lee survived all her brothers, and died unmarried, 16th January, 1788. Madame D'Arblay, who met her at Bath, speaks of her, as " a very agreeable woman." She was an accomplished and liberal woman, and treated the Americans, who were captured and imprisoned by the British in England, with great humanity. The principal part of the estate which General Lee possessed at the time of his death, he bequeathed to her, and she remitted four thousand five hundred pounds sterling to America, in order to discharge her brother's debts, lest his legatees in this country should be deprived of what he had be- queathed to them. TEEASON OF CHAELES LEE. 3 Chaeles Lee was born in 1731, and is said to have received a commission in the army at eleven years of age. The army was not at that time, with respect to the appointment and promotion of sub- alterns, under the wise regulations which afterwards prevailed: not only privates, but officers were on the Army List, whom their own Colonels knew only to exist because their names were on the roll ; and instances are said to have been known, in which one- third of the subalterns of a regiment were in the nursery ! The Duchess of Marlborough, in one of her letters to the Earl of Stair, December 3, 1737, has preserved a curious instance of this abuse. She says that " Lord Hervey's wife's father, Mr. Lepel, made her a cornet in his regiment as soon as she was born, which is no more wrong to the design of an army than if she had been a son : and she was paid many years after she was a maid of honour. . . . . My Lord Sunderland got her a pension of the late King, [George I., j it being too ridiculous to continue her any longer an officer in the army." When such things were tolerated within the pur- lieus of the Court, it would be strange if the Irish establishment were not full of similar examples. L"eland was always the theatre of the most flagrant abuses. Besides, in those days, and indeed many years later, it was one of the usual courses of mili- tary education, to remove a boy immediately from the preparatory school into the regiment, and to 4 TREASON OF CHAELES LEE. give Mm no other training than what the regiment, with perhaps the occasional tuition of a friendly superior, might afford — the main business being to learn the practical art and exercise of war. There is no improbability, therefore, that his father, soon after he received his own commission as Colonel, may have placed young Lee in the regi- ment, and before he had completed his twelfth year. He is said to have considered himself as born in the army ; and it is natural to suppose that his edu- cation was designed with reference to that profes- sion to which his own temper, not less than the in- clination of his parents, must have directed him. Little is known, however, of his early training. The free grammar school of Bury St. Edmund's, and an academy in Switzerland, share its honors with the regiment. It is stated, that to respectable attainments in the Greek and Latin classics, he afterwards added a thorough famiharity with the French, and a com- petent skUl in the Spanish, German, and Italian languages. The latter he may have acquired in the course of those long wanderings in search of knowl- edge or pleasure, to which his restless disposition urged him— for nature had made him an enthusiast, and whatever was the object of his pursuit, he fol- lowed it with an extreme ardor. Possessiag talents above the common order, he turned his advantages (such as they were) to good account; although the TREASON OF CHARLES LEE. 5 practical lesson of Ms life seems clearly to indicate little strictness and method, in that domestic disci- pline which would have been far more valuable to him than any of his acquisitions. The study of his profession enlisted all his en- ergy. As he approached and entered upon its active duties, he applied himself with characteristic zeal, and his writings, not less than his career, leave us in no doubt that he acquired a very general, if not thorough knowledge of what was then known in England as the science of war. On the 2d May, 1751, a few months after his father's death, he received a Lieutenant's commis- sion in the same regiment, which was continued on the Irish establishment after it was ordered to America in 1754. Hitherto his opportunities of becoming familiar with the school of the soldier, must have been very insufficient. The English service, (especially on gar- rison duty in Ireland,) in times of peace, afforded him no practical lessons ; for mounting guard once or twice a week, or the preparation for the review of a single regiment, could hardly be esteemed as such : and it was long after the time of Avhich I am speaking, that the Duke of Wellington — who ac- quired his own military education on the Continent — is reported to have said that if ten thousand men were placed in Hyde Park, there was not an officer in the service who -could get them out ! But a better field of practice was now opening 6 TREASON OP CHARLES LEE before Lee. His active military career began, as it ended, in America ; and his first experience in arms presents singular points of resemblance as well as contrast with his last service in the field. In fact, ' nearly all the real service he ever saw was in Amer- ica. It began in the valley of the Monongahela, and it closed on the Heights of Monmouth. Washing- ton saw the beginning and the end, and the same eyes that had anxiously watched as he followed and protected the flight of the young subaltern in 1755, flashed withering scorn and indignation upon the traitor-general who meditated his disgrace in 1778. When Braddock was gent out to repel the encroachments of France, and restore the English power upon the American Continent, the regiment in which Lee was still a Lieutenant, was one of the " two European Regiments," which were the stamina of the expedition. The events which followed are too familiar to need any recital here, terminating as they did in " a scene of carnage which has been truly described as unexampled in the annals of modern warfare." It was, in truth, " the most ex- traordinary victory ever obtained, and the farthest flight ever made," and, as Mr. Irving has justly re- marked, " struck a fatal blow to the deference for British prowess, which once amounted almost to bigotry, throughout the provinces." Franklin says in his autobiography, "This whole transaction gave us Americans the first suspicion, that our exalted TEEASON OF CHAELES LEE. 7 ideas of the prowess of Britisli regular troops had not been well founded." In that ignominious and terrible defeat, Lee had the good fortune to escape without notice. I am not aware that the fact of his being present has been stated by any of his biographers, or the histo- rians who have portrayed those tragic scenes with such graphic power. But I am able to say, as the result of a very careful and laborious examination of all the materials at hand for a decision, that he was on duty with his regiment at that time. Few of the officers escaped unhurt, and the number of those who came out with untarnished reputations was still less. Lee himself afterwards found occa- sion to allude to the fact that " none of the regu- lars chose to remember their early defeats and disgraces, particularly those upon the Ohio, in all which the provincials never led the flight, but were the last to leave the field ; " and he does not seem to have broken through that prudent reserve in his own behalf. The silence of his biographers, espe- cially of his kinsman. Sir Henry Bunbury, is very remarkable, but would be much more so, if the most diligent search had been rewarded with the discovery of any thing honorable or even creditable to their hero. The shattered remains of Braddock's broken army under Colonel Dunbar, reached Philadelphia early in September. On the first of October, they marched for New York, and on the 8th and 9th, 8 TREASON OF CHAELES LEE. they passed tlie metropolis in thirty-three transport sloops from Amboy, on their way to winter quar- ters at Albany and Schenectady. Lieutenant Lee was present at Fort Johnson, in some of the conferences between Sir William Johnson and the Indians of the Six Nations with their allies and dependants, which took place dur- ing the winter of 1755-56. Upon these occasions and subsequently, when stationed in that part of the country, he had much intercourse with the Mohawks, and was captivated by their manners, their "hospitable, civil, and friendly" deportment, the personal beauty of many of them, their graceful carriage, and by what he calls their good breeding, or " constant desire to do every thing that will please you, and strict carefulness not to say or do any thing that may offend you." His admiration was reciprocated, and he was re- ceived with great favor, by adoption, into the tribe of the Bear. With curious felicity, they bestowed on him the name of Ounewaterika, which, in the Indian dialect, is said to signify " boiling water," or " the spirit that never sleeps." He soon after purchased a company in his reg- iment, for which he paid nine hundred pounds. His commission as a captain in the 44th Kegiment was dated 11th June, 1756. Great preparations had been made for the cam- paign of that year, but the time wore quietly away. The only considerable movement of the "44th Regi- teeaso:n' of chaeles lee. 9 ment "n^as in a tardy and abortive attempt to rein- force the garrison at Oswego, -n-hicli surrendered to the French, 14th August, 1756. The loss of this important post excited a general alarm throughout the colonies; and the sj)eaker of the Xew York Assembly, writing to the agent of that province, on the 13th of October, added to a gloomy picture of the state of affairs: "As for our forces on the northern frontier, both regulars and provincials, I expect to hear of no action by them, unless the enemy force them to it." In the disposition of the forces for the ensuing winter (1756-57), the 44th and 48th regiments were to garrison the forts between Albany and Crown Point. In 1757, these regiments formed a part of the forces designed for the conquest of Louisbourg, the Dunkirk of America, which had, in the previous war, been captured from the French, chiefly through the zeal and enterprise of New England ; even then arousing at home those jealous fears which had long predicted the independence of the colonies. Its restitution was, in reality, the purchase of a general peace in Europe by the treaty of Aix-la-ChapeUe, which restored this conquest to France ; and it was now the object of the ministry to recover it. A vast armament was assembled at Halifax, under the command of Earl Loudoun, arousing the most san- guine expectations of success ; but nothing was done to realize them. The campaign ended like the pre- 10 TEEASON" OF CHARLES LEE. vious one, and tte commander-in-cliief was censured by his whole army. Among other employments of the idle time at Halifax, the troops had been engaged in making a garden to furnish vegetables as a precaution against the scurvy, and as a pro- vision for the sick and wounded, who might be sent thither for their recovery, in case the intended attack against Louisbourg should take place. This provident foresight was a topic of merciless ridi- cule, and gave point to the satire of Lee which first brought him to notice in cotemporary history. Smith, the historian of New York, recording the events of the winter of l'757-'58, says : "While we were in suspense respecting the plan expected for the operations of the ensuing year, the militaiy officers indulged great heats concerning the inac- tivity of the last campaign. Lord Charles Hay led a party at Halifax in severe reflections on the Earl of Loudoun. Their animosities spread to New York; and among the discontented, no man in- dulged in greater liberties than Mr. Lee, then a subaltern, who did not restrain himseK in the open coifee-house, from calling it the Cabbage Planting Expedition; drawing into question not only the Earl's military skill, but his courage and integrity." It is worth noticing here, that the earliest pub- lished letter written by Lee, of which I have any knowledge, fully justifies the statements (with which it was furnished to the publisher by his rela- tive, Sir Charles Bunbury), that he "began very TREASON OF CHAELES LEE. 11 early to abuse his superiors, and was not very nice in the terms he made use of ; " and that he had " a turn for satire and a levelling disposition." He re- tained this character to the end of his career ; and no officer, under whose immediate command he ever served, escaped his censure. The second notice of Lee, by a younger cotem- porary, presents his actions in no very favorable light, but can hardly be omitted. In the latter part of June, 1758, his regiment proceeded to the north, in the army under General Abercrombie. As the trooj)s were marched in de- tachments past the "Flats," above Albany, the ancient rural home of the Schuylers, each detach- ment was quartered for a night on the common, or in the offices. One of the first of these was com- manded by Lee, afterwards of "frantic celebrity." He had neglected to bring the customary warrants for impressing horses and oxen, and procuring a supply of various necessaries, to be paid for by the agents of government on showing the usual docu- ments ; nevertheless he seized every thing he want- ed, where he could most readily find it ; as if he were in a conquered country : and not content with this violence, poured forth a volley of execrations on all who presumed to question his right of ap- propriating for his troops, every thing that could be serviceable to them; even Madame Schuyler, accustomed to universal respect, and to be con- sidered as the friend and benefactress of the army, 12 TEEASON OF CHAELES LEE. was not spared; and the aids whicli she never failed to bestow on those whom she saw about to expose their hves for the general defence, were rudely demanded or violently seized. Lee marched on after having done all the mischief in his power, followed the next day by an officer and gentleman of a very different character, the lamented Lord Howe. At the assault of Ticonderoga, Lee is said to have distinguished himself, and received a severe wound from a musket shot, which passed through his body and broke two of his ribs. He was con- veyed, with other wounded officers, to Albany, and this brings the sequel of his acquaintance with the Schuylers. "Madame Schuyler had fitted up a temporary hospital on hearing the news of the de- feat. Among the patients was Lee, the same inso- lent and rapacious Lee, who had insulted this gen- eral benefactress, and deprived her of one of her greatest pleasures, that of giving a share of every thing she had, to advance the service. She treated him with compassion, without adverting by the least hint, to the past. . . . Even Lee felt and acknowledged the resistless force of such generous humanity. He swore, in his vehement manner, that he was sure there would be a place reserved for Madame in heaven, though no other woman should be there ; and that he should wish for noth- ing better than to share her final destiny." He remained at Albany until he recovered, TEEASOX OF CHARLES LEE. 13 when he joined his regiment in winter quarters at Newtown, Long Island; where, during the winter, he narrowly escaped assassination at the hands of a "little cowardly surgeon," as he called him, whom he had severely whipped for an alleged libel. I suppose his assailant to have been the surgeon of his own regiment. During the next campaign, he accompanied the successful expedition against the French garrison at Xiagara, which cut off the communication between Canada and Louisiana, and gave the Enghsh entire control of the upper lakes. He was subsequently despatched with a small party (another officer and fourteen men) to follow the route of the French who had escaped ; the first party of English troops that ever crossed Lake Erie. He went to Presq' Isle, and by way of A^enango, down the western branch of the Ohio to Fort Duquesne. From this place, at that time in possession of the English, he made a march of seven hundred miles, to join Gen- eral Amherst at Crown Point; another march to Oswego, and afterwards went to Philadelphia, Avhere he remained through the winter, on the re- cruiting service. In the campaign of It'M), which completed the British conquest of Canada, his regiment was with the forces led by Amherst from Lake Ontario down the St. Lawrence to Montreal ; and soon after the reduction of ^Montreal, he returned to England. His friends there had encouraged him to return. 14 TREASON OF CHARLES LEE. witL. strong expectations of promotion, and the opportunity of service on the continent. His uncle, Sir WUliam Bunbury, writing from London, November 28tli, 1759, said: "But sure you are not to stay on that continent for ever ; we wish you to come again amongst your friends, and probably some change might be procured, as well as advance on this side of the water, if you desired it. Lord Granby commands in Germany at pres- ent, and is likely to be at the head of the army on this side of the water too, if Ligonier drops; and it is supposed he cannot last a great whUe lon- ger. The taking of Munster, which we had advice of the other day, will be of great importance to our allied army, and secure them good winter quar- ters. A great many matches are talked of here in town, so that if you do not come soon, all our fine young ladies will be disposed of." His promotion soon followed : but it does not appear that Lee was permitted to enjoy either the winter quarters pro- vided at Munster, or the felicity suggested in the society of any of " the fine young ladies." Of -his early services in America, it is not too much to say, that his success was such as to justify his choice of a profession, and satisfy the expecta- tions of his friends. But even at this period his hot and imperious temper was provoking serious diffi- culties, which a very little prudence would have avoided. His love of power, and his thirst of am- bition, ill suited with the subordinate offices of a TEEASON OP CHARLES LEE. 15 subaltern. He was born not only to command, but like Cfesar, not to brook contradiction from an equal, mucli less to receive commands from a supe- rior. His restless disposition made even tbe ser- vice to Mm, a field for opposition : in every com- manding officer be ssi-w an usurper or a tyrant, and he hated no enemies more cordially than order and obedience. These reflections are forced upon us even in the scanty details of his early history, and give us one clue to that knowledge of his character which is necessary to enable us to account for the actions of his life. On the 10th of August, 1761, he was promoted to a majority in the 103d regiment of foot, or the Volunteer Hunters. This regiment was disbanded in 1*763, and Lee continued a major on half-pay until the 25th of May, 1772, when he was made a Lieutenant-Colonel, still on half-pay. This was the highest rank he ever attained in the British service. And when, in 1769, he re- ceived the appointment of Major-General, from the King of Poland, he did not consider it incom- patible with his higher rank, to retain his majority and receive the half-pay annexed to it, doubtless because it was "too considerable a sum to throw wantonly away." In 1762, when the English auxiliary force was sent to assist Portugal in repelling the invasion of the Spaniards, Lee accompanied Brigadier-General Burgoyne, with the rank of Lieutenant-Colonel in 16 TEEASOET OP CHAELES LEE. the service of tlie King of Portugal. The com- bined armies were put under the command of the Count de la Lippe Buckbourg, an active and intel- ligent German officer, who had commanded the artillery of the British army in Westphaha, a man undoubtedly among the first of his time in military fame. He was placed at the head of about six thousand British troops, and a Portuguese army, the greater part of which was httle better than nominal, to defend an extensive frontier against the whole force of Spain, and a large body of the veteran troops of France. Burgoyne was intrusted with the defence of the most important pass upon the Tagus. The result of the campaign was to check the progress of the Spaniards, who retired within their own borders. Lee acquitted himself honora- bly, and in one affair especially, gained high praise. The command of a detachment destined to surprise the Spanish camp near the old Moorish Castle of Villa Velha on the south bank of the Tagus, was confided to him, and the service was performed in the most brilliant manner. He crossed the Tagus in the darkness of night ; gained the rear of the Spaniards without discovery, and entered their quar- ters without being perceived, till his own bayonets told the secret. They were routed at once, with terrible slaughter ; and having destroyed their mag- azines, and spiked or taken their guns, Lee and his men returned to the other side of the Tagus, loaded with booty and surrounded by helpless prisoners. TEEASON OF CHARLES LEE. 17 This spirited achievement took place on the 6th of October, 1762. Lord Loudoun described it to the ministry as " a very gallant action," and the Count de la Lippe said, in a letter to the Earl of Egremont — applauding the conduct of " the gallant Lieuten- ant Colonel Lee " and the British troops — " so bril- liant a stroke speaks for itself." Thus recommended to the special favor of government by the Court of Lisbon and the Count de la Lippe, Lee returned to England. But here his promotion in the British army halted. Notwithstanding the " brilliant prospects " which his intimacy with " men of high rank and influence in London," and the apparent "friendship of one of the cabinet ministers," seemed to promise, he still continued, and for many years afterwards, a Major on half-pay. His biographers have attribu- ted his want of success to the part which he took in the discussion of some of the ministerial plans re- lating to American affairs, and date the beginning of his services to America from this period. I doubt the correctness of this view of the case, for I have found no sufficient evidence to sustain it ; and " it can scarcely be denied that he had a higher opinion of his claims than his services, and his just pretensions on this ground alone would naturally warrant." His unpopularity may be said to have gi'own out of the severity of his strictures upon persons in authority, in the exercise of his illiberal freedom of speech, rather than his liberal sentiments. The 18 TREASON OF CHAELES LEE. enmities wMcli lie drew upon himself from certain powerful quarters (to wliicli he afterwards referred in his letter to the King of Poland) were the fruit of that furious temper, which might have been ex- pected to do great injury to any cause in which he engaged, and to none more than that in which he was most interested — ^his own advancement. Always forward, arrogant, and mutinous, strong in his own opinion, with the government he served he took all the liberties of an insolent servant who believes himself to be necessary ; compelling them, even if they could not deny his talent, to judge him ill qualified by such a character to govern those under him, or to obey those above him. Eager, fickle, and violent in spirit, his instability and lack of judgment, together with his wanton and unhappy wit, made him quite as formidable to his friends as to his enemies. Failing to obtain that recognition of his claims which he sought and expected, and seeing "no chance of being provided for at home," he deter- mined to go into the Polish service, to which he had such recommendations that he thought he could not fail. The idea that he was actuated by any other motives than the desire to provide for himself and to see service, is simply absurd. He embarked in this cause as a soldier of fortune, and " without any definite purpose as to the side he should take. Action, the glory of arms, high rank in his profes- sion, were the images that floated in his imagination r7lA.J0K GKN. CHARLES CEE. TREASON OF CHARLES LEE. 19 and directed his course." This was at the time when the dissensions in Poland had arisen to such a height, as to make it probable that a struggle for her ancient independence was to be undertaken by that unhappy nation. In Poland, he received an appointment as aid-de-camp to the king; who, Lee states, "had it not in his power to pro\'ide for me in the army." This appointment was one of honor, rather than employment ; and Lee, weary of inactivity, readily accepted an invitation to accompany the king's am- bassador to Constantinople. This expedition came near proving fatal to him, for he narrowly escaped starvation and freezing on the summits of the moun- tains of Bulgaria. He reached Constantinople, however, where he remained about four months, escaping there also from the ruins of his dwelling, which was destroyed by an earthquake. In December, 1766, he was again m England, renewing his attempts to obtain promotion in the British army. He presented to the king, with his own hands, an urgent letter of recommendation from Poniatowski, Stanislaus Augustus, the last King of Poland; reminding him, at the same time, of the promise he had made in his favor to Lord Thanet three years before. All was in vain ; his attend- ance at court produced nothing but disappointment, and he abandoned his pursuit of promotion in the English service, with a bitter resentment against kiag and court, which rankled ever afterwards in 20 TEEASON OF CHAELES LEE. his "breast. In iTeS-'O, he hurried again to Poland, designing to engage in the service of the Russians against the Turks. The King of Poland in the summer of 1769, made him a Major-General. He is said to have " served through one campaign." He was with the Russian army a few days on the Turkish frontier, and in this so-called service, as in that of England, his opinions of the skill and genius of the generals in command were exceedingly scorn- ful and contemptuous. He left the army and cross- ed the Carpathian Mountains, on his route to try the waters of Buda. In Hungary, he was attacked with a fever which threatened his life. He recov- ered, however, and went to Vienna, where he passed the winter of 1769-70. He suffered much from bad health during these years of wandering, especially with rheumatism and gout, which were his very frequent companions. He passed the summer of 1770, in Italy, where he became involved in a duel with a foreign officer, whom he killed, though he was wounded himself, losing two of his fingers in the affair. His first biographer remarks that " his warmth of temper drew him into many rencounters of this kind : in all which he acquitted himself with singular courage, sprightliness of imagination, and great presence of mind." It is difficult to follow him in his rovings over Europe at this period, which have been compared in speed and irregularity to a meteor ; but there is one point, which can hardly be passed over without TEEASOJSr OF CHARLES LEE. 21 remark — the claim made for him as the author of the Letters of Junius. His vanity led him to acknowl- edge them as his own in 1YY3, but the evidence on the subject is conclusive that he could not have been the author of those letters. In the summer of 1773, he quitted England for- ever. Disappointed in his hopes of advancement by the administration, which he hated, and lam- pooned publicly and privately, his sympathies had fallen naturally into that opposition, which, though " feeble and fluctuating in numbers," " uttered the language of the British constitution, and the senti- ment of the British people, when it spoke for free- dom." He had already fixed his hopes on America, and in his schemes and visions of the future, had iden- tified his own prospects to some extent with her chances of emerging from ministerial oppression. Some private interests, too, called him here. But America, though the chief, was not the only coun- try, which presented to his troubled spirit the view of a climate and soil more friendly to the spirit of liberty than the land of his nativity. In his own language, while she was " stretching forth her capa- cious arms, Switzerland, and some of the Italian States had room also " to admit the " generous few " among whom he ranked himself. His enthusiasm fluctuated with his anger and disappointment ; and candor will seek in vain to find in the fretful waves and noisy torrents of his passion, that strong and 3 22 TREASON OF CHABLES LEE. constant under-current of patriotic principle, wMcli flows steadily on to the end of its course. Certainly Ms patriotism was not free from the taint of disap- pointed ambition ; its loudest tones followed his un- successful attempts to obtain promotion, and were accompanied with the most virulent abuse of the king and court. He arrived at New York, in the ship London, Captain James Chambers, after a passage of eight weeks, on Friday night, 8th October, 1*773. He remained in New York, suffering from an attack of gout for a part of the time, until the 29th of November, when he is noticed in the following terms, in Ellington's Gazette, as having "set out for the Southern Colonies — a native of Great Britain, and Major-General in the service of his Polish Majesty — a sincere friend to liberty in general, and an able advocate for the freedom and rights of the Colonies in particular." He soon ran through the colonies of Pennsyl- vania, Maryland, and Virginia, attracting in all quar- ters marked attention, and assiduously cultivating the acquaintance of all the prominent men among the Whigs. He then returned to visit the Eastern Colonies, in the summer of 1774. To his old friend and fellow-soldier Gates, after- wards " the hero of Saratoga," he wrote from " Wil- liamsburg, May ye 6th" [1774], on his way north- ward — " My plan is at present for Boston, and in the autumn to fall down the Ohio to the Mississippi, TEEASON OF CHARLES LEE. 23 if we are not prevented by a war, wHch I think probable enough. What think you of our blessed ministry ? Do they not improve in absurdity and wickedness ? Seriously, Gates, I think it incumbent on every man of liberality, or even common hon- esty, to contribute his mite to the cause of mankind and of liberty, which is now attacked in her last and only asylum. She is drove from the other Hemisphere ; for in England she has been for some time only a name ; for my own part, I am deter- mined (at least I think I am) not to be slack in whatever mode my service is required." The enthusiasm which he found pervading the Colonies, would have fired the zeal of a much less excitable man than Lee. It was the inspiration of the best passages of his career. He saw the earnest determination of the Colonists to sacrifice all for freedom, and recognized that justice ia their cause, which made their firmness, virtue. ■ In 1'774, he wrote the Strictures on a Friendly Address to all Reasonable Americans, iu reply to Dr. Myles Cooper, one of the best of his writings, which was reprinted many times, and widely circu- lated. At this time, his pen and tongue were con- stantly active in the cause of the Colonies, which he supported with great ardor. His services iu this way, were undoubtedly important — probably much more so than any others of his hfe. He returned to Philadelphia and was present at the first session of the Contiuental Congress ; in 24 TREASON OF CHAELES LEE. constant and familiar intercourse witii the delegates from all sections of the country. He again visited Virginia and Maryland, and, in the latter colony, wag present at their convention to deliberate on public affairs. In a letter to his friend. Sir Charles Davers, written from Philadelphia, September 28th, 17*74, he says : " I have now lately run through the colo- nies from Virginia to Boston, and can assure you, by all that is solemn and sacred, that there is not a man on the whole continent (placemen and some high churchmen excepted), who is not determined to sacrifice his property, his life, his wife, family, children, in the cause of Boston, which he justly considers as his own. Inclosed, I send you the re- solutions of one of their counties, which the dele- gates of all America are sworn to abide by. They are in earnest, and wUl abide by them so strictly that I am persuaded that the parent country must shake from the foundation. . . . They certainly are to be justified by every law, human and divine. You will ask, where will they find generals ? But I ask. What generals have their tyrants ? In fact, the match in this respect, will be pretty equal." It required no prophet to see, in the immediate future of America, the necessity of j)roviding for military defence, the organization of a Continental Army, and the appointment of general officers to exercise the command under the authority of the Continental Congress. In this crisis, Lee " assumed TREASON or CHAELES LEE. 25 the character of a military genius, and the officer of experience," and "under these false colors solicit- ed the command." He had been in the British army thirty-two years — eight years an Ensign, five years a Lieutenant, five years a Captain, eleven years a Major, and three years a Lieutenant-Colonel; the last twelve years on half-pay. In all this, he had never obtained the command of a regiment ! In America, he seems to have invaded mens' good opinions with singular audacity and success, and obtained for himself from the start a degree of popularity and confidence almost without paral- lel. Certainly, at that time, every thing which he claimed for himself was fully and freely accorded ; and there is no reason to doubt that he expected he should soon become the first in military rank on this continent. In lY'TS, he purchased an estate in Berkeley county, Virginia, near that of his friend Gates ; thus apparently uniting with the people of America, and identifying himself with their cause and feelings. This step removed what he consid- ered the most serious obstacle in his way to the chief command, as he himself had written to Edmund Burke, from Annapolis, December 16th, 1774: "Nor do I think the Americans would or ought to confide in a man, let his qualifications be ever so great, who has no property among them." The preliminaries to the purchase were not completed in the latter part of May, 1775, when, to a brief note to a friend concerning them, he added, "it would be foolish 26 TREASON OF CHAELES LEE. to write to-day — the Congress will settle all by Tuesday, then a letter maybe worth receiving." The second Continental Congress had met at Phil- adelphia on the 10th of May, 1775, and Lee was present anxiously awaiting their action. Upon the organization of the Continental Army, Lee was appointed second Major-General; Washing- ton being made Commander-ia-chief, and General Ward, who was then in command of the New Eng- land Army near Boston, first Major-General. A cotemporary writer in Maryland says: "The exaltation of [Washington] to the supreme com- mand is considered as a severe stroke to the ambi- tion of General Lee, who, relying on a supposed opinion of his superior abilities and experience, ex- pected to have been unanimously chosen to this elevated station. I am persuaded, that General Washington would rejoice in an opportunity of re- turning into the private walks of life ; but it is too evident that General Lee is governed by a vindic- tive spirit, the result of disappoiutment in military advancement, while in the ser\'ice of Great Britain. Perhaps this additional mortification may moderate his zeal in the cause he has recently espoused." The unanimity with which the nomination of Washing- ton was confirmed, checked every expression of dis- content, although Lee was not the only candidate for the honor. John Adams records some very cu- rious manifestations of feeling on this subject, but none so grateful to the historian as the character- TREASON OF CHAELES LEE. 27 istic dignity and modesty of Washington. A Bigh estimate was placed upon the experience and abili- ties of Lee. Elbridge Gerry, writing from Massa- chusetts to the representatives of that colony on the 4th of June, l'J^5, says: "We want a regular general to assist us in discipliaing the army . . . and, although the pride of our people would pre- vent their submitting to be led by any general not an American, yet I cannot but think that General Lee might be so established as to render great ser- vice by his presence and councils with om* officers." In these opinions, he was seconded by General James Warren. Lee succeeded in concealing his disappointment, and even acquiesced, though with a very bad grace, in being placed below General Ward, whom he describes as " a fat old gentleman, who had been a popular church-warden, but had no acquaintance whatever with military affairs." He had been nominated as second officer, and strenu- ously urged by many, particularly Mr. Mifflin, who said that " General Lee would serve cheerfully under Washington; but, considering his rank, character, and experience, could not be expected to serve under any other ; that Lee must be aut secundus ant nulIusP ]§ut this undoubtedly authorized state- ment of his claims and expectations was unavailing. John Adams, " though he had as high an opinion of General Lee's learning, general information, and especially of his science and experience in war," frankly said that he " could not advise General 28 TEEASON OF CHAELES LEE. Ward to humiliate himself and his country so far as to serve under him." Adams also bears witness to " the earnest de- sire of General "Washington to have the assistance of Lee and Gates, the extreme attachment of many of our best friends in the southern colonies to them, the reputation they would give our arms in Europe, and especially with the ministerial generals and army in Boston, as well as the real American merit of them both ; " all which overcame his anxiety for the natural prejudices and virtuous attachment of his countrymen to their own officers and secured his vote. Samuel Adams spoke of Washington, Lee, and Major Mifflin, as "a triumvirate which will please the circle of our friends." Washington himself, who placed the most mod- est estimate upon his own abilities and military ex- perience, and could declare with the utmost sin- cerity that he did not think himself equal to the command he was honored with — an honor he neither sought after nor desired — ^magnanimously acknowl- edged Lee's claim to the first place in military knowledge and experience. An acknowledgment far too generous ! It was not his due, nor can it fail hereafter to be re- garded as a remarkable phenomenon m our revo- lutionary history, that so unprincipled an adven- turer succeeded in occupying even a secondary position ; strange that he retained it so long as he did, and strangest of all that, to this day, his mem- TREASON OF CHARLES LEE. 29 ory lias filled no insignificant place in the grateful thoughts of America. But "Washington, though by no means blind to Lee's defects in character and temper, could hardly resist so fierce a blaze of popularity, or what was afterwards so justly characterized by Hamilton as "a certain pre-conceived and preposterous notion of his being a very great man," which always " ope- rated in his favor." At this time, too, there was a very natural feel- iug of doubt as to the abUity of any proviacial offi- cers to assume the leadership and direction of the military forces which were to be arrayed against the tried and veteran soldiers of Europe. Confi- dence was not great enough in the schools and train- ing of the Indian and French wars, when compared with the fields of battle and the liaes of contraval- lation in which the great commanders of Europe had learned their art, and although those wars had developed elements of power which were destined to exert a lasting influence upon the military his- tory of America and the world, still America could not yet shake off that feeling of dependence which demanded encouragement and sympathy from Euro- pean skill and training. Braddock's defeat, in 1755, on the fatal field of the Monongahela, had illustrated the comparative value of. the disciplined regular of Europe and the rifleman of America ; and even while Congress was deliberatiug, on the very day on which Lee was 30 TREASON OP CHARLES LEE. appointed, Bunker Hill was repeating the lesson, learned by heart long before the close of the war — a lesson, which neither Howe nor Clinton ever for- got in their subsequent career in America. Nor was it long before America learned that among her own true and faithful children, born on the soil, she had many better and braver soldiers than the man in whom she thus " placed so large a share of the most ill-judged confidence." In "soliciting the command he was honored with " in the American service, he seems to have used sufficient caution and reserve to enable him to make terms with his employers. Upon accepting the commission tendered him by Congress, he re- signed that which he had still held in the British service, in a letter to Lord Barrington, dated June 22d, lY'TS, renouncing his half-pay, at the same time repudiating the opinion, that an officer on half-pay is to be considered in the service, as erroneous and absurd. His biographers have given him the credit which he claimed for himself in this connection, fSr making great personal and pecuniary sacrifices — ^thus prov- ing the integrity of his principles, and the sincerity of his professions. His fortune was ample ; his in- come was nearly £1000 a year, besides having large grants of land in the colonies. He afterwards found occasion frequently to enumerate these sacrifices, and said, " such were the fortune and income which I staked on the die of American liberty, and I TBEASON OF CHAELES LEE. 31 played a losing game ; for I miglit lose all, and had no prospect or ^'ish to better it." This was not tlie light m which those who knew him best regarded the matter. Kalph Izard to Ar- thur Lee, August 21, 1775, says, after expTessing his satisfaction with General Lee's letter to Burgoyne : "Lee has acquired considerable property; and I have been assured, by people who know well, that he would never run the risk of losing it, by enter- ing iato the service of America. The part he has acted, after taking such a considerable time to think of it, is a proof that he does not think there is much danger of that." He adds : " I wish to know whether he ia appointed second or third in command, or whether the Congress have taken any measures to prevent his ever becoming, by the death of superior officers, commander-in-chief Have these officers taken an oath to obey the orders of Congress ? This I take for granted, as it seems absolutely ne- cessary." The journals of Congress are conclusive, and no ingenuity can soften his direct stipulations for indemnification, into an acceptance of voluntary pledges from Congress. How strong the contrast, at every point of his American career, with that of his great chief— the leader of our armies ! But to the record. General Lee was appointed on the 17th June, 1775. On the following Monday, the 19th, a com- mittee, consisting of Mr. Henry, Mr. Lynch, and Mr. 32 TKEASOW OF CHARLES LEE. John Adams, waited upon Mm, by order of Con- gress, to inform Mm of liis appointment, and request Ms answer wlietlier lie wouM accept tlie command. "The Committee returned and reported, that they had waited on General Lee, and informed Mm of Ms appointment, and that he gave for answer : 'That he had the highest sense of the honor con- ferred upon him by the Congress ; that no effort in his power shall be wanting to serve the American cause ; but before he entered upon the service, he desired a conference with a committee, to consist of one delegate from each of the associated Colonies, to whom he desired to explain some particulars re- specting his private fortune.' " Whereupon, Mr. Sullivan, Mr. Samuel Adams, Mr. Hopkins, Mr. Dyer, Mr. PhiHp Livingston, Mr. "William Livingston, Mr. Koss, Mr. Rodney, Mr. Johnston, Mr. Henry, Mr. Caswell, and Mr. Lynch, were appointed as a Committee to confer with Gen- eral Lee. "The Committee returned, and reported, that they had conferred with General Lee, who had communicated to them an estimate of the estate he risked by this service. "Whereupon, Resolved^ That these Colonies will indenmify General Lee for any loss of property which he might sustain by entering into their service; and that the same be done by this or any future Congress, as soon as such loss is ascer- tained." TEEASOJT OP CHAELES LEE. 33 If any doubt should rest upon tlie matter with, this evidence, it must be forever dispelled by that which follows, showing how the transaction was completed. Immediately after the repulse of the British be- fore Charleston, two days after the date of Lee's despatch announcing it to Congress, the President of South Carolina wrote a letter, from which the following extracts are copied : J. ETJTLEDGE TO SAM. ADAMS AND STEPH. HOPKINS. " Charleston, S. C, July 4, 1776. . . . "I trouble you with a few lines re- specting the General [Lee].' He thinks his situa- tion rather awkward. " You know the Congress engaged to indemnify him against any loss he might sustain, by entering into our service, and that immediately upon such loss being ascertained. He has purchased an estate in Virginia for about 5 or £6000, of that colony ; and, having borrowed the money to pay for it, of Mr. Morris, the estate is under mortgage to him. The General drew bills for £3000 sterling, on his agent in England ; they are returned protested, and he has no doubt that his property in England is confiscated. So he does not know that he has any estate at all ; nor has he any security, but the mere word of honor of a body, which is not per- manent, but frequently changeable, and composed even already, of many other members than those 34 TEEASOK OF CHAELES LEE. who made this promise. He wishes to be sure of something, and asked my opinion as a friend, whether there would be any impropriety in his applying to Congress on this head. He is desirous for the present, that the Congress should discharge the incumbrance on this estate, so that it may be clear, and advance a sum towards improving it. "I think the request exceedingly reasonable, and told him my opinion that the Congress really should do this, without his application, and that I would write to some gentlemen of the Congress on this head. I wish, therefore, that you, as well as others, gentlemen of my particular acquaintance (to whom I now write) would urge this matter to Con- gress. " I really think the continent so much obliged to this gentleman, that they should gratify him in every reasonable requisition. This colony, I am sure, is particularly indebted to him, for he has been indefatigable, ever since his arrival here, and you know he is an enthusiast in our cause. "I conceive no injury can possibly arise to the continent, by complying with what he wishes for. Should his English property remain untouched, he can readily I'efund. Should it be taken, the pay- ment of this money and more, is a mere matter of justice. But, on the other hand, should there be delay and indifference on the part of Congress, it may produce disgust, or some other ill-consequence. This is my own fear. I have no authority for it, TREASON OP CHAELES LEE. 35 from any thing wMcli has fallen from the General. I therefore must repeat my request, and make it a very earnest one, that you will obtain some speedy resolution respecting this matter, such as I have above hinted, which may afford him satisfaction, and do him honor. I am, gentlemen, &c." President Rutledge also wrote to Duane, Liv- ingston, and Jay of New York, m'ging their co-ope- ration ; and Mr. Jay in a letter to Edward Rut- ledge recognizes the propriety, policy, and justice of the measure ; adding, " I am, for my own part, clear for it, and wish with all my heart that it may take place." On the 'Tth of October, IVYG, General Lee in- formed Congress of his arrival in Philadelphia, in obedience to a resolution directing him, in case the British troops left the Southern Colonies, to repair" to Philadelphia, and there wait the orders of Con- gress. Being ordered to attend in Congress, he gave an account of the state of affairs in the Southern Department. On the same day the Committee ap- pointed to take into consideration the application from the President of South Carolina, in behalf of General Lee, reported : "That this Congress having a just opinion of the abilities of General Lee, applied to him to accept a command in their service, which he readily agreed to, provided the Congress would indemnify him against any loss which he might sustain in conse- 36 TREASON OF OHAKLES LEE. quence thereof, lie having at that time a considera- ble sum of money due to him by persons in the kingdom of Great Britain, which he was resolved to draw from thence as soon as possible. That the Congress unanimously concurred in his proposal; that he accordingly entered into their service ; that he has since drawn bills upon his agent in England, which bills have been returned protested. That General Lee having purchased an estate in Vir- ginia, the purchase-money for which has been long due, is likely to sustain, by means of the protested bUls, many injuries, unless this house prevent the same by an advance of 30,000 dollars ; whereupon " Hesol/oed^ That the sum of thirty thousand dollars be advanced to General Lee, upon his giv- ing bond to the treasurer to account for the same, and taking such steps in conjunction with Eobert Morris, Esq., on behalf of the Congress, as wiU se- cure the most effectual transfer of his estate in Eng- land, to reimburse the Congress for the advance now made him." Immediately after his appointment. General Lee accompanied Washington to Cambridge, re- ceiving everywhere in his journey through the country, marks of respect and high appreciation, hardly less than those bestowed upon Washington, [I omit here, the sketch of his services in Ehode Island, New York, and the South, simply remark- ing as I pass, that his good fortune in gaining credit for military skill did not desert him.] TREASON OF CHAELES LEE. 37 General Ward's resignation, after the evacuation of Boston, made Lee second in command, standing next in rank to WasMngton. By the reputation of his imputed successes in the Southern Department, he was marvellously elated, growing more and more disposed to regard himself as one whose ad- vice ought to be followed and submitted to in all things. Prosperity and glory brought out his vices in full strength; and he seems to have de- termined to exalt himself at all hazards. There was something in the enthusiasm of his ad- mirers in Congress to account for the freedom with which he criticized every movement — censuring Congress themselves for their blunders and want of spirit ; and he unquestionably looked forward to an influence in their councils which should principally direct the future operations of the war. Upon his arrival from the south at Philadelphia, he had been directed by resolution of Congress, October 7th, to repau- to the camp at Harlem, with leave if he thought proper, to visit the posts in New Jersey. At about the same time John Jay wrote from Fishkill to Edward Eutledge: "If General Lee should be at Philadelphia, pray hasten his depar- ture — he is much wanted at New York ; " whence Colonel Malcom had written to John McKesson a month before, " General Lee is hourly expected, as if from heaven, with a legion of flaming swords- men." 4 88 TREASON OF CHARLES LEE. He arrived at New York, October 14tli, whence he wrote this charactei'istic letter to Gates : GENERAL LEE TO GENERAL GATES. " FoKT Constitution, October y° 14th. "My de. Gates: " I write this scroll in a hurry — Colonel Wood win describe the position of our Army, which in my own breast I do not approve — inter nos the Congress seem to stumble every step — I do not mean one or two of the Cattle, but the whole Stable — I have been very free in delivering my opinion to 'em — in my opinion General Washington is much to blame in not menacing 'em with resignation un- less they refrain from unhinging the army by their absurd interference — Keep us Tionderoga; much depends upon it — ^We ought to have an army on the Delaware — I have roar'd it in the ears of Con- gress, but carent aurihus. " Adieu, my Dr. Friend ; if we do meet again, why we shall smile. Yours, C. Lee." Here again the prevailing opiaion of his mili- tary ability accorded to him great credit, which he was never backward in continuing to claim, for the movements by which Howe was prevented from cutting off the communications of the American Army with the countiy, and thus bringing them between the British army and fleet. But the truth is that more than a month before the arrival of TEEASON OF CHARLES LEE. 39 Lee, it was agreed in a council of general officers, held at General McDougall's quarters, 12tli September, 1776, that the principal part of the army should march into the country, so as to keep in advance of the British columns, and that eight thousand men only should remain for the defence of the Heights — Mount Washington and its dependencies. It was of this council that General McDougall afterwards said (7th January, 1782,) in respect to the retreat from New York, that " none were opposed to it, but a fool^ a hnaA)e^ and an obstinate^ lionest manT Even when Howe's intentions became more obvious by the accumulation of his numbers at Throg's Neck, the council of the 16th October, at which Lee was present, decided, with but one dissenting voice, to carry out the plan of the 12th of Septem- ber, the only change being to reduce the force left to defend Fort "Washington, which it was agreed, without any recorded dissenting voice, should be retained as long as possible. If Lee was the author of that change, perhaps it may still further diminish his credit for military skill, when the history of the capture of Fort "Washington shall be rewritten. Four days before, he wrote to Congress from Amboy, expressing his confidence that the attack of General Washington's lines was a measure too absurd for a man of Mr. Howe's genius ; that they would put New York city in a respectable state of defence, and direct their operations towards Phila- delphia, either by the Delaware or through the 40 TREASON OF CHAELES LEE. Jerseys. His plan for this exigency was an army of ten thousand men to be assembled and stationed somewhere about Trenton. It is not unreasonable to suppose that Lee would have been gratified with such a command. When the army marched from the heights of Harlem, Lee's division was stationed near King's Bridge, to protect the rear, and he found ample oc- cupation during the tedious transportation of the baggage and artillery, which occupied several days. Fortunately the British made no serious attempt to disturb his progress ; and he at length brought up his division, joining the main army at White Plains, where he is said to have condemned the position of the Continental Army as most execrable. The post, however, seemed to be too strongly taken for Howe to attempt it; and he retired towards King's Bridge. As soon as it became certain that his next move- ment would be to the Jerseys, and so to threaten Philadelphia, Washington crossed the Hudson, and threw himself in front of the enemy, leaving Gen- eral Lee in the position which he then occupied, with a force of seven thousand men, while Heath was ordered to the defence of the Highlands, with three thousand men. At that time, commenced that famous retreat through the Jerseys, so thrilling in its interest to every American heart. And from the day on which Lee was left in a separate command, he seems to TREASON OP CHAELES LEE. 41 have "been governed by one purpose and animated by one spirit — a spirit of anything but patriotism — a purpose to gratify his own personal ambition, at any cost. I have spoken of his friends in Congress. That there was a party in Congress, during the whole subsequent period of the war, bitterly hos- tile to "Washington, is the only theory which can explain the most serious difficulties which he had to encounter. The unavoidable misfortunes and un- fortunate issue of the campaign, though originating in causes entirely beyond his control, stimulated the spirit of hostility to the Commander-in-Chief, which not long afterwards assumed a most formida- ble aspect, not only in Congress, but in the army. For my present purpose, however, it is unnecessary to do more than allude to these intrigues, as Lee's power to do mischief in this connection was nearly at an end. Fort "Washington fell on the 16th November, and as Fort Lee was only of importance in conjunc- tion with it, that too was speedily abandoned. On the 20th, Lee wrote to a prominent member of Congress (a letter I believe never before made public). CHARLES LEE TO BENJAMIN EUSH. " Camp, NoTember 20th, 1776. " My deae Kush : " The affair of Fort Washington cannot surprise you at Philadelphia more than it amazed and stun- 42 TREASON OP CHABLES LEE. ned me. I must entreat that you will keep what I say to yourself; but I foresaw, predicted, all that has happened ; and urged the necessity of abandon- ing it ; for could we have kept it, it was of little or no use. Let these few lines be thrown into the fire, and in your conversations only acquit me of any share of the misfortune— for my last words to the General were — draw off the garrison, or they will be lost. You say I ought to desire the Gen- eral to press the Congress for the necessary articles. I have done it a thousand times, and the men are now starving for the want of blankets. I confess your apathy amazes me. You make me mad — ^You have numbers — your soldiers do not want courage — but such a total want of sense pervades all your counsels that Heaven alone can save you. Inclosed are some hints. I could say many things — let me talk vainly — ^had I the powers I could do you much good — ^might I but dictate one week — ^but I am sure you will never give any man the necessary power — did none of the Congress ever read the Koman History? Adieu, my dear Rush, " Yours most sincerely, "Chaeles Lee. " 1st. You must have an army — ^this army can- not be had on the terms proposed — ^give 'em the full bounty and list 'em only for a year and a half — in short you have so bungled your affairs that you must come into any terms. TREASON OF CHARLES LEE. 43 " 2d. Put some military man at the head of the Board of War. " 3d. Strip even youi'selves of blankets." We can hardly misunderstand his allusion to the political expedient to which the Roman senate resorted, in order to repress disorders among the people, and to unite the forces of the commonwealth against its enemies. By it, they placed themselves and the state, for a limited time, under the power of a single person, who, with the title of Dictator, or Master of the People, should at his pleasure, dispose of the state and of all its resources ; thus intrusting all power to a single man, on the sole secmity of his personal character, arbitrary and irresponsible, and limited only in the time of its exercise. The crisis indeed demanded a Dictator ; but it was a happy day for humanity which saw a Washing- ton invested with such powers as these. How dif- ferent the fate of America in other hands ! Well might the Committee of Congress say, in communi- cating to him their resolutions : " Happy it is for this country, that the general of their forces can safely be intrusted with the most unlimited power, and neither personal security, liberty, nor property, be in the least degree endangered thereby." The hint to " put some mihtary man at the head of the Board of War," was acted upon in the fol- lowing year, when the board was new modelled and General Gates appointed to preside. 44 TEEASOIS^ OF CHAEIES LEE. Lee was now at the height of his popularity and influence ; the star of his destiny was at its zenith. Many seem to . have believed that there was " no officer in the army of equal experience and merit," and it was said that he was " the idol of the officers, and possessed still more the confidence of the sol- diery." How entirely the popular judgment was carried away in the exaggerated estimate which had been formed of Lee's military capacity, is illustrated by the fact that even in the military family of Wash- ington, was one, who, although his personal rela- tions were of the most intimate, responsible, and confidential nature, was swept away with the current. The following letter is already famous in the history of that period. The copy I use, has been corrected by a careful comparison with one "signed by Reed, and endorsed in his own hand" — in the autograph collection of Mr. Tefft, of Savannah, Georgia. jqgEPH REED TO CHARLES LEE. " Hackensaok, November 21st, 1776. "Deae Geneeal: " The letter you will receive with this, contains my sentiments with respect to your present station; but besides this, I have some additional reasons for most earnestly wishing to have you where the pria- cipal scene of action is laid. I do not mean to flat- ter or praise you at the expense of any other ; but, I confess, I do think that it is entirely owing to TBEASON OF CHARLES LEE. 45 you, that this army and the liberties of America, so far as they are dependent on it, are not totally cut off. You have decision, a quality often want- ing in minds otherwise valuable; and I ascribe to this our escape from York-Island, from King's Bridge, and the Plains ; and I have no doubt, had you been here, the garrison of Mount Washington would now have composed a part of this army: under these circumstances, I confess I ardently wish to see you removed from a place where I think there will be little call for your judgment and expe- rience, to the place where they are like to be so necessary. Nor am I singular in this my opinion ; every gentleman of the family, the officers, and sol- diers, generally, have a confidence in you : the enemy constantly inquire where you are, and seem to me to be less confident when you are present. " Colonel Cadwallader, through a special indul- gence, on account of some civilities shewn by his family to General Prescott, has been liberated from New- York without any parole. He informs, that the enemy have a southern expedition in view ; that they hold us very cheap in consequence of the late affair at Mount Washington, where both the place of defence and execution were contemptible. If a real defence of the lines was intended, the number was far too few ; if the Fort only, the garrison was too numerous by half. General Washington's own judgment, seconded by representations from us, would have saved the men and their arms; but. 46 TREASON OF CHARLES LEE. unluckily, General Greene's judgment was contrary. This kept tlie General's mind in a state of suspense till tlie stroke was struck. Oh, General ! an inde- cisive mind is one of the greatest misfortunes that can befall an army : how often have I lamented it this campaign! " All circumstances considered, we are in a very awful and alarming state, one that requires the ut- most wisdom and firmness of mind. " As soon as the season will admit, I think your- self and some others should go to Congress, and form the plan of the new army ; point out their defects to them, and, if possible, prevail on them to bind their whole attention to this great object — even to the exclusion of every other. If they will not, or cannot, do this, I fear all our exertions will be vain in this part of the world. Foreign assist- ance is soliciting, but we cannot expect they will fight the whole battle — but artillery and artillerists must be had, if possible. " I intended to have said more, but the express is waiting, and I must conclude with my clear and explicit opinion, that your presence is of the last importance. " I am, with much affection and regard, " Your most affectionate, "Humble Servant, "J. Reed. " Major Gen. Lee, "White Plains." TEEASON OF CHAELES LEE. 47 Washington's instructions to Lee were, that if the enemy should remove the whole, or the greatest part of their force, to the west of Hudson's river, he should follow, with all possible despatch, leaving the militia and invalids to cover the frontiers of Connecticut, etc. These instructions were very soon made positive and peremptory orders, in view of the necessities of the retreating army. On the 20th of November, Washington thought it advisable that he should move — on the 21st he advised Lee "that the publick interest requires " it. Lee on the same day, writes to the President of the Council of Mas- sachusetts, that "before the unfortunate affair of Fort Washington, he was of opinion that the two armies — that on the east and that on the west side of North river — must rest each on its own bottom ; that the idea of detaching . . . from one side to the other was chimerical ; but to harbor such a thought in our present circumstances is absolute insanity." He further advises the President that " we must depend upon ourselves." On the same day, he received from Reed a "short billet, which he did not well understand." The following extract from General Heath's published journal, furnishes the explanation: '•'■November 20ih. Just at evening, an express which General Heath had sent down to General Washington, before he had any knowledge of what had happened, returned with a most alarming ac- count of what he had seen with his own eyes, viz.. 48 TEEASON OF CHARLES LEE. that the Americans were rapidly retreating, and the Britisli as rapidly pursuing. The Adjutant- General [Eeed] wished to write to General Lee, but he had neither pen, ink, nor paper with him. The Light-Horseman had a rough piece of wrap- ping-paper in his pocket, and the Adjutant-General had an old pencil. Bringing these two together, he wrote to Gen. Lee : ' Dear General, we are fly- ing before the British. I pray — ' and the pencil broke. He then told the Light-Horseman to carry the paper to General Lee, and tell him that he was verbally ordered to add, after I pray — ' you push and join us.' The Light-Horseman, when he ar- rived at Gen. Heath's, was both fatigued and wet. He requested that one of his brother horsemen might proceed to Gen. Lee ; but he was told that no other could discharge the duty enjoined on him by the Adjutant-General, and that Gen. Lee might wish to make many inquiries of him. He was therefore refreshed and pushed on." General Lee, instead of moving his division, or any part of it, wrote back to General Heath that he had just received a recommendation, not a pos- itive order, from General Washington, to move the corps under his command to the other side of the river. After giving some presumptive reasons for General Washington's recommendation, which he finds it impossible to comply with, to "any pur- pose," he desires and requests General Heath to order two thousand of his corps, under a Brigadier- TREASON OP CHAELES LEE. 49 General, to cross tlie river, and wait "Washington's further orders — promising to replace that number of troops, from his own command, as soon as " a ne- cessary job " was finished — ^which he believed would " be finished to-morrow." General Heath referred to his instructions, which he found did not admit of any construction in ac- cordance with Lee's request, which he therefore did not comply with. Lee contiaued his attempts to interfere with Heath's command ; and, on the 23d November, an- nounced his intention to tate two thousand from that division into the Jerseys. Afterwards, upon Heath's refusal to do so, he undertook to order the detachment himself, but finally desisted, upon more mature reflection. On the 2 2d, he again addressed President Bow- doin, and here he takes a bolder tone : GEN. LEE TO THE PRESmENT OF MASS. COUNCIL. " Camp near Phillipsboueg, 22d November, 1776. "Sie: "Indecision bids fair for tumbling down the goodly fabrick of American freedom, and "n[ith it, the rights of mankind. 'Twas indecision of Con- gress prevented our having a noble army, and on an excellent footing. 'Twas indecision in our mili- tary councils which cost us the garrison of Fort Washiagton, the consequence of which must be fatal, unless remedied in time by a contrary spirit. 50 TEEASOKT OF CHABLES LEE. Enclosed I send you an extract of a letter from the General, on wMch you will make your comments ; and I have no doubt, but that you will concur with me in the necessity of raising immediately an army to save us from perdition. Affairs appear in so im- portant a crisis, that I think even the resolves of the Congress must no longer too nicely weigh with us. We must save the community in spite of the ordinances of the Legislature. There are times when we must commit treason against the laws of the State for the salvation of the State. The present crisis demands this brave, virtuous kind of treason. For my own part (and I flatter myself my way of thinking is congenial with that of Mr. Bowdoin's) I will stake my head and reputation on the pro- priety of the measure ..." On the 24th, "Washington from Newark, cor- rects Lee's mistake, in supposing that he wanted any portion of Heath's command. " It is your division I want to have over." At this time, he writes so fully and explicitly, as to remove the pos- sibility of any misapprehension. He also cautions him about his route, and desires frequent expresses to advise of his approaches. On the same day, Lee at last acknowledges receipt of orders, and promises to endeavor to put them in execution : while at the same time he writes to Eeed, in answer to his "most obliging, flattering" letter of the 21st; la- ments with him "that fatal indecision," which is TREASON OF CHAELES LEE. 51 worse than stupidity or cowardice; half excuses, half justifies his delay; intimates an enterprise which he has on hand, and which he waits for — when, he concludes, " I shall then fly to you ; for, to confess a truth, I really think our Chief will do better with me than without me." On the 26th, he still lingers, responding very tartly to General Heath, who had told him that he " considered it to be his daty to obey his instruc- tions, especially those which are positive and poign- ant" — that "the Commander-in-chief is now sepa- i-ated from us ; I of course command on this side the water ; for the future I will and must be obeyed." On the 2'7th, Washington tells Lee, that his previous letters had been so full and explicit, he thought it unnecessary to say more, and confessed his expectation that Lee would have been sooner in motion. Lee replies on the 30th, assuring Wash- ington that he had done all in his power — that he will pass the river in two days more, when he will be glad to have instructions ; but says also, " I could wish you would bind me as little as possible, not from any opinion, I do assure you, of my own parts, but from a persuasion that detached generals can- not have too great latitude, unless they are very incompetent indeed." He added in a postscript " that he was a good deal distressed by the strict- ness of General Heath's instructions." Washington from Brunswick, Dec. 1st, entreats 52 TEEASON OF CHARLES LEE. Lee to hasten his march, or it may be too late to answer any valuable pm-pose. On the 3d, he re- peats his anxiety; whUe Congress, on the 2d, had resolved that the committee for establishing ex- presses be directed to send Colonel Stewart, or any other officer, express to General Lee, to know where and in what situation he and the army with him were. Lee, finally quitting Westchester with great re- luctance, began to pass the river on the 2d Decem- ber. He writes from Haverstraw on the 4th, ac- knowledging the receipt of Washington's pressing letter ; and concludes, " It is paltry to think of our personal affairs when the whole is at stake ; but I en- treat you to order some of your suite to take out of the way of danger my favourite mare, which is at Hunt Wilson's, three miles the other side of Prince- ton ! " We next hear of him at Eingwood Iron Works, where, having lost three of his best camp horses, he sends back an express to Heath to advertise them, offering a reward for their recovery. From Pompton, on the Hh, he writes again to Governor Cooke of Rhode Island, to whom he gives the benefit of his views on the qualifications of general officers :—" Theory joined to practice, or a heaven-born genius, can alone constitute a general. As to the latter, God Almighty indulges the mod- ern world very rarely with the spectacle ; and I do not know, from what I have seen, that he has been TEEASOlSr OF CHABLES LEE. 53 more profuse of this ethereal spirit to the Ameri- cans than, to other nations." General Washington had, in the meantime, at- tempted to return to Princeton from Trenton, but was obhged to recede, and was now on the other side of the Delaware, still without any certain intel- ligence of General Lee, and utterly unable to ac- count for the slowness of his march. From Morristown, on the 8th of December, Lee writes to Congress and to "Washington, stating his force at four thousand ; and that if he was not as- sured that Washington was considerably reinforced and very strong, he would immediately join him ! As it was, he intended to take post at Chatham, and so hang on the enemy's rear. Well might General Greene think at this junc- ture, that General Lee must be confined within the lines of some general plan, or else his operations would be independent of those of the Commander- in-Chief ! On the 9th, he is at Chatham, " in hopes," as he writes to Heath, " to re-conquer the Jerseys, which were really in the hands of the enemy, before my arrival." At this time, too, he continues his letters to the New England Governors, and impresses upon them that unless they renew their exertions with re- doubled vigor, all is lost ; suggesting also, the pro- priety of a convention of the New England States, to consult on the great affairs of their safety, and of counteracting the enemy in their future operations. 5 54 TREASON OF CHAELES LEE. On the loth and 11th, Washington renewed his entreaties, reminding Lee of the fatal conse- quences that must attend the loss of Philadelphia, and that the force with him was weak and entirely incompetent to save that city. These letters did not reach Lee, but were received hy his successor in the command. His disgraceful neglect of duty and disobedience of orders, were at last to have an end ; and in the series of Providential interpositions, which we cannot fail to recognize with devout grat- itude, for the preservation of American liberty, none is more striking than that which terminated at this time the power of Lee to do mischief to the cause. Lee's last communication to "Washington was dated at Morristown, December 11th, and is in his hand-writing, although he speaks of himself in the third person. The original is endorsed: "From General Lee," and was read in Congress on the 10th February following : GENEKAL LEE TO GENERAL WASHINGTON. "MoKEiSTOWN, December y* 11th, 1776. " We have three thousand men here at present ; but they are so ill-shod that we have been obliged to halt these two days for want of shoes. Seven regiments of Gates's corps are on their march, but where they actually are, is not certain. General Lee has sent two officers this day ; one to inform him where the Delaware can be crossed above TEEASOK OP CHAELES LEE. 55 Trenton; the other to examine the road towards Burlington, as General Lee thinks he can, without great risk, cross the great Brunswick post road, and by a forced night's march, make his way to the ferry below Burlington. Boats should be sent up from Philadelphia to receive him. But this scheme he only proposes, if the head of the enemy's column actually pass the river. The militia in this part of the Province seem sanguine. If they could be sure of an army remaining amongst 'em, I believe they would raise a very considerable number." This letter shows no intention to comply with the orders of Washington. He could have reached the Delaware by a forced march in a few hours, by the way of Vealtown, Germantown, Potterstown, Pitstown, and Alexandria, near which latter place he had been instructed to cross, and suitable pre- parations had been made to enable him to do so, by order of Washington. Under all the disadvan- tages of their condition, which were very great, the troops actually crossed, after being relieved of his command, at Easton, further up the river, on the 16th of December, and joined Washington on the 20th. Sullivan had changed the route to avoid a considerable body of the enemy, who were pushing forward on his left to intercept him, before he reached the river. He had received Washington's earnest letters of the 10th and 11th, addressed to Lee, and pressed on to join the main army as soon 56 TREASON OF CHAELES LEE. as possible. Having encamped at Germantown, on tlie night of the 13th, he marched the next day at 11 o'clock, and, diverging at Pitstown, reached Bethlehem township that night. On the 15th, he marched at daybreak and all day, reaching Phillips- burg, at 10 o'clock at night. Some of the troops crossed the Delaware to Easton the same night, but they were not all safe with their baggage beyond the river until the next day. It appears to have been Lee's purpose to seize a favorable opportunity, when the British army had extended their line towards the Delaware by Brunswick and Princeton, to make an independent demonstration in their rear, and cut their line of communication. It was obvious that the British chain was too extensive, and invited such a move- ment. There could be no doubt of the advantages to accrue in the event of its success ; and the pres- ence of so considerable a force in his rear was a source of no little anxiety to General Howe, espe- cially as the volunteers in the country were very ac- tive and enterprising. About one thousand militia were at this time collected under the command of Colonel Jacob Ford, jun., at Springfield, seven miles west of Elizabethtown, to watch the motions of the enemy, their own subsequent motions to be directed according to circumstances. Lee's force was also continually increasing ; three regiments from Ticon- deroga, which he had intercepted with orders to join him, were daily expected ; and he promised the TBEASON" OF CHARLES LEE. 57 principal men tliat a detacliment should remain for the protection of the State. He lingered ahout Morristown several days, and ordered Sullivan to march for Germantown, early in the morning of the 12th of December. These were the last orders received by Sullivan from Lee. The troops encamped in the woods near Vealtown, a village in Bernard township, on the night of the 12th, and renewed their march on the morning of the 13th, towards Germantown. Lee himself was at Baskingridge on the morning of the 12th, from which place he wrote to the Rev. James Caldwell, an active and influential patriot, at or near Chatham, with whom and Colonel Ford, at or near Springfield, he seems to have kept up at this time a very constant communication. Cald- well's reply shows his zeal to gratify Lee's anxiety to be constantly advised of the motions of the enemy, and assured him that their army had very generally marched forward ; indeed, all except guards of the different posts. He also states that it was consid- ered advisable to move the militia back to Chatham, as for various reasons assigned, it was thought they could better serve the cause by lying at that place " till the expected army approaches for their sup- port." The tenor of Lee's entire correspondence indi- cates his purpose to act separately, not only with his own troops, but with those coming from the Northern army, although Washington had given 58 TEEASON OF CHABLES LEE. him no sucli instructions ; but on the contrary, ex- pected those troops to marcli foi-ward and join him as soon as possible. In this connection, Mr. Cald- well's " expected army " is significant. Whether any other motives than those con- nected with his wish to obtain the intelhgence just mentioned influenced his movements, I am unable to state. General Greene, in a letter written after receiving news of his capture, spoke of his " strange infatuation," and General Sullivan of the " fatality " by which he was induced to expose himself; but it is certain that neither entertained for a moment the suspicion that he designedly threw himself into the hands of the enemy, and such a design is incredible in view of all the circumstances of the case. Still there may have been other motives of convenience or personal gratification, but certainly none could be less creditable than his insatiable ambition and ungovernable selfehness. His con- duct did not admit of excuse, much less of justifica- tion ; and it is unnecessary to speculate upon the probable consequences, had he been successful. "Under the sole guidance of his own judgment and self-will, he was presumptuously driving on, and the misfortunes which followed were the result of his own obstinacy and misconduct, not of necessity." About noon, on Friday, the 13th of December, I'llQ, General Lee, with several aids, and a small guard, were at White's tavern, near Baskingridge, seven miles from Morristown — twenty-one miles TEEASON OF CHAELES LEE. 59 from the nearest post of the enemy, and four miles from the encampment, which his division had left in the morning. The British had, at this time, pushed forward to the Delaware, with the hope of getting to Phila- delphia. Their first division reached Trenton soon after the rear-guard of the American main army had crossed. Their rear division, which was com- manded by Lord Cornwallis, halted at Maidenhead, six miles from Trenton, and at one o'clock on the morning of the 9th December, marched to Corriel's Ferry, thirteen miles higher up the Delaware, ex- pecting to find boats there and in the neighbor- hood, sufficient to pass the river ; but in this they were disappointed, as the Americans had taken the precaution to destroy or secure on the south side, all the boats which could possibly be employed for that purpose. The passage of the Delaware being thus ren- dered impracticable. Lord Cornwallis returned and took post at Pennington, where his division re- mained till the 14th of December, the first still continuing at Trenton, when " the weather having become too severe to keep the field, and the winter cantonments having been arranged, the troops marched from both places to their respective sta- tions." I cannot help remarking, as I quote this complacent statement of General Howe, how soon Washington at Trenton and Princeton was to dis- turb his "arrangements," point out "the necessity 60 TEEASOW OF CIIAKLES LEE. of an alteration in the cantonments," and compel him to " find it impossible to hold posts of seventy or eighty miles in extent with only ten thousand men." During Lord Cornwallis's stay at Pennington, a patrol of thirty dragoons from the Sixteenth Regi- ment (Burgoyne's Regiment of Queen's Light Dra- goons), was sent out to gain further intelligence of Lee's division, whose progress they watched with great jealousy. Lieutenant-Colonel Harcourt (after- wards Earl Harcourt, F. M.), who is said to have expressed hopes before he left England, that he should take Lee, desired and obtained the direction of this detachment. Banastre Tarleton, afterwards so well known in the southern campaigns, at that time a cornet in the King's Dragoon Guards, and a volunteer with the forces in America, had the di- rection of the advanced guard of the j)arty. While scouring the country, they obtained in- telligence of Lee's position, succeeded in surprising the guard, and surrounded the house before he was aware of his danger. Major William Bradford, one of his aids, who was present and escaped, stated that the party were conducted by a tory who was with General Lee the evening before, complaining of the loss of a horse taken by the army. He found where the General was to lodge and break- fast, and that he was to be at White's tavern about noon. He left them, rode eighteen miles in the night to Brunswick, and returned with the party TEEASOW OF CHARLES LEE. 61 of Light Horse. Most of the American accounts of the aifair agree in cliarging the tories with having betrayed him. On the other hand, the Enghsh accounts state that Harcourt's party fell in with a messenger, bearing a letter from Lee, who was in- duced by threats or promises to return as their guide. One states that "the wafer of the letter was still wet, which showed the writer was not far off." The accounts are not inconsistent — informa- tion may have been given by the tories, and as the Light Horse approached they may have seized the messenger, who had recently left the General. Harcourt's disposition was made with great skill, and executed " with infinite address and gallantry." As he came in sight of the house, he detached Tar- leton, who dashed forward with six men to secure the doors, followed by the remainder of the party at a distance of about one hundred paces. Harcourt immediately summoned the house, with threats to set fire to it, and put every man in it to the sword, if the General did not surrender. The surprise was so complete that great con- sternation prevailed among the General's party. The Light Horse, however, were fired upon from the house, and two or three were killed (one of whom was a cornet), and others wounded. There were several French officers with Lee, and one of them took aim at Colonel Harcourt with his fusil, which the Colonel observing, bent his head, and the shot took away the ribbon of his hair. He 62 TEEASON OF CHAELES LEE. was immediately disposed of by the dragoons, and the fire from the house was very smartly returned. The General's guard had been carelessly disposed at an out-building, and the sentry at the door of the house, when he saw the dragoons coming, at first mistook them for his own people, but soon per- ceived his mistake by their swords, which were different from those used by the Americans. The guard rallied as the alarm was given, and attempted to join in the defence, but they were immediately overpowered with merciless severity. Some of them were wounded, two were killed while attempting to escape, and the remainder pro- bably owed their safety to Harcourt's haste and anxiety to make sure of his prize. The only person who seems to have retained his presence of mind and behaved with suitable courage on the occasion, was M. Jean Louis de Virnejoux, a French gentleman, who had been appointed to the rank and pay of Captain by brevet, and commis- sioned accordingly on the 19th September, 1116. He had already in his few weeks of service, won the best opinions of his qualities as a gentleman and soldier ; and, on this occasion, he acted with the greatest bravery and resolution in defending the General. Had his advice been taken, or all who were there evinced the same spirit, probably Lee would have escaped. It is a real pleasure to speak of such a man, and to brighten this page with the record of his ■virtues. TREASON OF CHAELES LEE. 63 The resistance, however, was short. Harcourt again summoned the house, renewing his threats with a solemn oath. Finding concealment impos- sible, and further resistance useless, Lee made his appearance at the door, and in the most submissive manner, surrendered his sword to Colonel Harcourt, begging him to spare his life. Several of the English accounts state that he fell upon his knees to Har- court, and all agree that he behaved in a most cow- ardly manner, apparently frantic with terror and disappointment. One writer says, after describing his humiliation to Harcourt, " suddenly recovering his panic, he flew into a violent rant of his having for a moment obtained the supreme command- giving many signs of wildness and of a mind not perfectly right." Captain Thomas Harris, afterwards Lord Harris, states, in his journal, that " Lee behaved as cow- ardly in this transaction as he had dishonorably in every other. After firing one or two shots from the house, he came out and entreated our troops to spare his life." Harris continues, " Had he behaved with proper spirit, I should have pitied him, and wished that his energies had been exerted in a bet- ter cause. I could hardly refrain from tears when I first saw him, and thought of the miserable fate in which his obstinacy has involved him. He says he has been mistaken in three things : " 1st. That the New England men would fight. " 2d. That America was unanimous, and 64 TREASON OF CHAELES LEE. " 3d. That site could afford two men for our one." He was somewhat rouglily handled on being seized, and his captors, if they did not treat him with great indignity, certainly displayed very little regard for his comfort or appearance. He had pre- sented himself without his hat or outside coat, and although he earnestly requested permission to get them, was very peremptorily refused. He was mounted on the guide's horse, tied on both legs and arms, and with one of his aids who was mounted behind a dragoon, was hurried away at a furious speed towards Brunswick, where upon his arrival, " about three hours afterwards, the can- non in the British camp played furiously, rejoicing on the occasion ; " which was also signalized with much less dignified demonstrations of dehght by the soldiery. He entertained some hope of a rescue at first, and told Harcourt he was "not sure of his prey ; " but as his expectation diminished, and finally all hope of it vanished, he became sullen and very much dispirited. He said to his captors — admitting the weakness of the American army, and his own confidence in British strength and zeal, when rous- ed, — " The game is nearly at an end." Afterwards, on being brought in at Brunswick, he is said to have claimed the benefit of Howe's proclamation, and demanded to be received under it ; but, on being refused, as being found in arms and not entitled to it, and told that he would be TREASON OF CHARLES LEE. 65 tried as a deserter, lie flew into the most unbounded rage, and exclaimed against tlie repeated acts of false faith and treachery which had reduced him to his present situation. He also desired an inter- vicAv with General Howe, which was not granted at that time ; and I have reason to believe that Gen- eral Howe refused to see him for a long time after his capture. This must have been a severe trial to Lee, for he had before publicly professed "the highest love and reverence " for General Howe, stating that he had " courted his acquaintance and friendship, not only as a pleasure, but as an ornament," and "flattered himself that he had ob- tained it." Soon after his capture, he addressed the follow- ing letter to his old friend and associate. Captain Primrose Kennedy, of the 44th Regiment : general lee to captain kennedy "Sib: "The fortune of war, the activity of Colonel Harcourt, and the rascality of my own troops, have made me your prisoner. I submit to my fate, and I hope that whatever may be my destiny, I shall meet it with becoming fortitude ; but I have the consolation of thinking, amidst all my distresses, that I was engaged in the noblest cause that ever interested mankind. It would seem that Provi- dence had determined that not one freeman should 66 TEEASON OF CHAELES LEE. be left upon earth ; and the success of your arms more than foretell one universal system of slavery. Imagine not, however, that I lament my fortune, or mean to deprecate the malice of my enemies ; if any sorrow can at present affect me, it is that of a great continent apparently destined for empire, frustrated in the honest ambition of being free, and enslaved by men, whom unfortunately I call my country- men. "To Colonel Harcourt's activity every com- mendation is due ; had I commanded such men, I had this day been free ; but my Ul-fortune has pre- vailed, and you behold me no longer hostile to England, but contemptible and a prisoner ! " I have not time to add more, but let me assure you, that no vicissitudes have been able to alter my sentiments ; and that as I have long supported those sentiments in all difficulties and dangers, I will never depart from them but with life. "C. Lee." The aid, who was taken with Lee, was M. de Gaiault. This gentleman, a Lieutenant-Colonel in the French service, had recently arrived at Boston with powder and arms, in the Hancock and Adams, Captain Smith, from Nantes. On his way to ten- der his services to General "Washington, he had joined General Lee, who made him his aid-de-camp, only two days before he was taken. When he heard the firing of the Light Dragoons, he ran out TEEASON OF CHAELES LEE. 67 hastily, and was immediately made prisoner. He shared their rude treatment with Lee, in respect to Avhich he afterwards presented a remonstrance to G-eneral Howe. At Brunswick, M. Gaiault was for- tunate enough to meet an old acquaintance, a British officer, who provided him with quarters where he was taken good care of, and supplied him with ne- cessaries. He was also under much less restraint than his fellow-prisoner. The intelligence of Lee's capture reached his troops as they were on the march. The statement of a private soldier in one of the Rhode Island Regiments, preserves for us the account of an eye- witness. He saw Major Bradford, who had escaped, as he rode up to the line. General Sullivan met him and received the news, which immediately spread through the whole division. They halted some time in the road, and SuUivan "rode through the line giving orders, to show that they still had a commander left, and did not appear to regret the loss of Lee." The writer adds, " I confess it was not a subject of any grief to me, as I had known him before he was appointed in our army, and thought we could manufactui'e as good generals out of Am.erican stuff as he was." The prevailing im- pression, however, must have been one of discour- agement ; and others mention the " dejected spuits " with which they renewed their march and pursued their route to the Delaware. Sullivan attempted to regain him, but the ra- 68 TEEASOSr OF CHARLES LEE. pidity of Harcourt's movement was such as to make all attempts fruitless. One party pursued the dra- goons for several miles, but ''were too late," and rejoined the army in the evening at Germantown. One additional memorial of that eventful period remains to be noticed. The last letter of General Lee before his capture, was addressed to his friend Gates, who had been ordered to hasten on from the northern army, with all the disposable troops, and join Washington beyond the Delaware. He had left the Hudson at Esopus (Kingston), and thence proceeded through the then uncultivated country of the Minisink, nearly on the route of the present Delaware and Hudson Canal, inclining to the left to Sussex Court House, about thirty miles northwest of Morristown, in the hope of falling in with and joining the division of General Lee. The letter is -significant enough, and is an ap- propriate finale to Major General Charles Lee's military service in the Jerseys in 1*7 7 6. I hold the original letter in my hand, from which I will read. [_See Fac-simile No. I.] GENERAL LEE TO GENERAL GATES. " Basking Kidcse, Deo'r y Ifth, iTTe. "My Dr Gates: "The ingenious manoeuvre of Fort Washington hasunhing'd the goodly fabrick We had been build- ing — there never was so damn'd a stroke — entre nous, a certain great man is most damnably deficient TEEASON OF CHARLES LEE. 69 — He has thrown me into a situation where I have my choice of difficulties — if I stay in this Province I risk myself and Army and if I do not stay the Province is lost for ever — I have neither guides Cavalry Medicines Money Shoes or Stockings — I must act with the greatest circumspection — ^Tories are in my front rear and on my flanks — the Mass of the People is strangely contaminated — ^in short unless something which I do not expect turns up We are lost — our Counsels have been weak to the last degree — as to what relates to yourself if you think you can be in time to aid the General I wou'd have you by all means go You will at least save your army — it is said that the Whigs are deter- min'd to set fire to Philadelphia if They strike this decisive stroke the day will be our own — but unless it is done all chance of Liberty in any part of the Globe is forever vanish'd — Adieu, my Dr Friend — God bless you. "Charles Lee." Upon Lee's capture, great exultation was man- ifested by the British. They boasted of having taken the American Palladium — that the Ameri- cans could not stand long, as Lee was their chief man. The historian Gibbon, who had taken his seat in Parliament at the beginning of the contest between Great Britain and America; and supported with many a sincere and silent vote, the measures of the administration ; preserves the gossip of the day in 6 70 TEEASOK OF CHAELES LEE. London in one of Ms letters: "Lee is certainly taken . . . "We are not clear whether he behaved with courage or pusillanimity when he surrendered himself; but Colonel Keene told me to-day that he had seen a letter from Lee since his confinement. He imputes his being taken to the alertness of Har- court and cowardice of his own guard ; hopes he shall meet his fate with fortitude, etc." Gibbon adds : " It is said he was to succeed Washington ; " and also, referring to the news from Trenton, " We know nothing certain of the Hessians, but there has been a blow." Among the Americans, his loss was greatly and sincerely deplored — although the circumstances at- tending his capture were almost equally regretted. The most generous spirit was manifested in Wash- ington's private as well as public correspondence — full of regret for the loss which the service had sus- tained, and sympathy for Lee's personal sufferings — although he was obliged to regard the misfortune as the more vexatious, as it was by the captive General's own folly and imprudence, and without a view to effect any good, that he was taken pris- oner. He was still detained at Brunswick, a close prisoner under a strong guard, when Washington turned upon his pursuers, and at Trenton and Princeton justified the expectation of the Pennsyl- vania Council of Safety, who, in condoling with him on the loss of Lee, expressed their hope that it TEEASON OF CHAELES LEE. 71 might be in his power to close the campaign with honor to himself, and leave General Howe in a situation which should afford him little reason to boast. These movements threw the enemy into great consternation at Brunswick, where were the British stores and baggage, and for a time an ominous anx- iety prevailed in the lines. One of the "English officers who was present, says : " The captive Gen- eral Lee was not without his terrors on this extra- ordinary and sudden turn of fortune. General Matthews not knowing well how to dispose of him in this intricacy of situation, he followed the wagons, and was marched, guarded, through the line, then under arms, in silent and momentary expectation of the enemy — a perfect stranger to every thing that had happened, or to what end he was destined ; he could only judge from the hurry and apparent confusion that something uncommon must have oc- casioned it; for every circumstance at that junc- ture seemed so big with event, that no person dared speak to him as he passed by, or take upon them to explain what he eagerly wished to discover. His looks presented a picture of dread and horror; strongly expressive of his persuasion that his fate had overtaken him, at a time when he apprehended no immediate danger — he was soon relieved from his distress." He was brought to New York from Brunswick, on Monday the 13th of January, 1111, still very -72 TEEASOK OF CHAELES LEE. strictly guarded. Rooms were fitted up for his re- ception in the City Hall, where he was treated with consideration and humanity. He was allowed to converse freely with the officers in whose custody he was placed, except "on the subject of the dis- pute with the colonies." The two officers on guard always dined with him, and he had leave to invite any other person he pleased. He was from the first regarded in the light of a traitor to his Mng, ameiia- ble to British military law as a deserter ; and" he unquestionably owed his life to the firmness of Washington and the Congress. Exaggerated ac- counts of the severity of his confinement produced remonstrance and threats of retaliation, and Howe's reply to the remonstrance being unsatisfactory, Congress directed some harsh measures with refer- ence to five Hessian field officers and Lieutenant- Colonel Campbell, then prisoners, who were made special hostages for Lee's safety; but these were mitigated by the earnest interference of Washing- ton. Still the exchange of prisoners was inter- rupted, until the demand should be complied with that General Lee be recognized as a prisoner of war. General Howe was much embarrassed in respect to the law of the case, and wrote home for instruc- tions. With characteristic professional caution, be- ing " afraid of falling into a law scrape," he desired to have the opinion of the law officers of the Crown, in case he should be instructed to bring his prisoner TEEASON OF CHAKLES LEE. 73 to trial. There had been, some recent decisions in England, wMcli had an. awkward look, in. respect to damages, in case Lee should escape conviction and bring an action for false imprisonment. The case of certain Bengal officers was referred to, and Lee's was still stronger. Being only on half-pay when he wrote his letter of resignation to Lord Barring- ton, he Avould undoubtedly plead : first, that a half- pay officer was not amenable to military law, and secondly, if he was, he had a right to resign. The reply of Lord George Germaine was — ^''As you have difficulties about bringing General Lee to trial in America, it is His Majesty's pleasure that you send him to Great Britain by the first ship of war." One of the London newspapers of the time states, that he was actually " placed on board a vessel at New York three several times in order to be brought to England ; and the ship was absolutely on sail when Washington's letter to General Howe arrived at New York, the consequence of which was that the ship was stopped and the General re- landed." Sir William Howe being unable to make any impression upon Washington, and being apprehen- sive that a close confinement of the Hessian officers would l^e the consequence of sending Lee to Great Britain, and that this would occasion much discon- tent among the foreign troops, retained Lee for further instructions. In a subsequent letter from the minister, he informs General Howe, that his 74 TEEASOK OF CHAKLES LEE. "motives for postponing General Lee's departure for Great Britain are approved by the king." Congress had approved the course pursued by Washington, but expressed a new and " determined resolution to carry into execution the law of retal- iation; that if any persons belonging to, or em- ployed in, the service of the United States or any of them who now are, or hereafter may be, prison- ers to Lord or General Howe, or any other com- mander of his Britannic Majesty's forces by sea or land, shall be sent to the realm of Great Britain, or any part of the dominion of the said king, to be there confined in common gaols of Great Britain, or any other place or places of confinement in: pur- suance of any act ox acts of the British Parliament, or any other pretence whatever ; it is the resolution of this Congress, to treat the prisoners now in our power, and such as hereafter may fall into our hands, in a manner as nearly similar as our circum- stances will admit." On the same day on which this resolution was adopted by Congress, June 10th, 1777, General Washington had very frankly, but firmly, indicated the same policy, in a letter to General Howe, in which he said, distinctly referring to the case of General Lee, " I think it necessary to add, that your conduct towards prisoners will govern mine." Satisfied that no arguments would induce " Mr. Washington " to recede from his determination, and that it was " necessary to put an end to a fruitless ne- TREASON OF CHAELES LEE. 7^) gotiation," the king at last reluctantly consented to instruct Howe, " that Lee, having been struck off the half-pay list, shall, though deserving the most exemplary punishment, be deemed a prisoner of war, and he may be exchanged as such when you may think proper." This despatch was received by General Howe, on the 12th of December, 1777. General Lee had been kept a close prisoner during the whole year that had elapsed since his capture. During most of the time, he remained in the City Hall ; but while General Howe was pursuing his brief campaign in New Jersey, and secretly maturing the plan for the southern expedition, he was removed, June 7th, 1777, for a time on board the Centurion man-of- war, where he was permitted to walk the quarter- deck. Two days afterwards, he wrote a letter to Gen- eral Washington on the subject of Lord Drum- mond's parole. This individual, whose attempts at negotiation form a curious, though unimportant episode, in the history of the war, had given his parole of honor, that he would hold no correspond- ence directly or indirectly with those who were in arms against the colonies, nor go into any port or harbor occupied by the enemy, nor on board their ships. He had most flagrantly and openly violated his parole, and the most favorable construction of his intentions could only show " that an overween- ing vanity had betrayed him into a criminal breach 76 TEEASON OF CHAELES LEE. of honor." General Washington had occasion to administer to him a well-merited reproof " in terms that could not be flattering " to his Lordship, who attempted to vindicate himself, but without success. "The facts in the case were too obvious and indis- putable to be extenuated by any testimony he pro- duced, or by the mere assertion of honorable mo- tives." General Lee, however, professed to have really thought Lord Drmnmond an injured man, and of- fered himself as a volunteer instrument to obtain some reparation from General Washington. Noth- ing could be more characteristic than his letter, which follows : GENEKAL LEE TO GENERAL WASHINGTON. " Centdeion, June 9th, I'l'll. " My Deak Sir : " Multiplicity of business, the miscarriage of letters or some accident has prevented you from doing what really is in my opinion an act of jus- tice — I mean clearing up to the world the charge brought against Lord Drummond for a breach of Parole ; after having read all the Papers relative to this subject, his letters to you, yours to him, Capt. Vanderput's, and the Parole, I declare sol- emnly that it does not appear to me that there is any one thing in his Lordship's conduct which mer- ited even the shadow of censure. The intention of the Parole in restraining him from going on board TREASON OP CHAKLES LEE. 77 any of tte King's ships was certainly to prevent in- telligence being given of the state of the Continent. As this was manifestly the intention I could almost say that if even he had gone on board the Asia voluntarily altho' the terms of the Parole would not have been literally adhered to, the spirit would not have been violated, as it cannot possibly be supposed that he could give any intelligence which would have been new to Capt. Vanderput, to and from whose ship people were passing and repassing every day — but Capt. Vanderput's evidence puts it beyond all doubt that his Lordship did not go voluntarily but was compelled on board. " A public charge from persons we esteem sinks deep in the mind of a man of sentiment and feeling. I really believe Lord Drummond to be such, and have reason to think that he has an esteem for you, at least from all I can learn he has ever spoken of you in the handsomest terms. Now, as it appears to me that there can be no doubt from the concur- rence of every testimony of his having adhered as scrupulously as possible to the spirit of the Parole, as the affair is of so delicate a nature, as I am ac- quainted with your way of thinking, I repeat that I must ascribe it rather to a miscarriage of his let- ters than to any other cause that you have not done him that justice which, had you received them, I am persuaded you must have thought his due. I can perceive he is very much hurt at the charge, and his sensibility, I confess, increases the good 78 TREASON OF CHAELES LEE. opinion I before had of him — Not only therefore justice to him hut let me add, my Dear General, a regard for you obliges me to wish that this affair may be cleared up in some manner satisfactory to the party I think injured ; it is a duty which I know if omitted cannot fail of giving much uneasi- ness hereafter to a man of your rectitude and hu- manity. " I must observe in addition that I cannot imag- ine his Lordship's return after an absence of three months could administer any reasons for suspicion, for he must either have reniained in the West In- dies or have returned to some port in North Amer- ica, as he was prevented by the spirit of the Parole fi"om going to England, — indeed the terms of the Parole implied an obligation to return to New York. His long absence hkewise from the Conti- nent rendered it impossible for him to furnish any intelligence of the situation of affairs. Should it be asked, why a man in my present situation should interest myself so warmly in this business with which I myself had no concern? I must answer that not only my love of justice, my duty as a Gentleman, and my regard for you enjoin the task, but that I really feel myself personally obliged to Lord Drummond, for since my confinement he has shown a most generous, humane and disinterested attention to me. In the course of conversation this business was accidentally brought on the carpet. As I was a stranger to the circumstances, I was TEEASOJSr OF CHARLES LEE. 79 anxious to be made acquainted with. them. He sub- mitted tbe papers to my perusal — I really tbougbt Mm injured ; assured him that it must have pro- ceeded from mistake or the miscarriage of his let- ters, and offered myself as a volunteer instrument to obtain some reparation. Let me hear from you. My Dear General, as soon as possible, and on this subject. " God preserve and bless you and send you every possible felicity is the prayer of one who is most truly and affectionately yours, " Chaeles Lee." " As I would not unnecessarily swell the packet I have been contented with sending the letters to and from Capt. Vanderput — which I think sufficient — This I do on the supposition that those sent have miscarried.'" Mr. Sparks has given us the substance of "Wash- ington's answer. " With his usual fii'mness, he re- plied, that he had thoroughly investigated the sub- ject at the time ; that he had no disposition to in- jure Lord Drummond ; that the impression left on his mind was deep and decided ; and that no cir- cumstances had since come to light, which tended to alter his opinion." General Howe received the king's consent in Philadelphia, but transmitted orders to New Yoi'k immediately to terminate Lee's long confinement. He was released on the 25th December, on parole, 80 TEEASOK OF CHARLES LEE. to the full liberty of the city and its limits. From this time his condition was much more agreeable. Sir Henry Clinton and General Robertson placed horses at his command, and he took up his quarters with two of his oldest and warmest friends in the British service. In short, his situation was " ren- dered as easy, comfortable, and pleasant as possible, for a man who is in any sort a prisoner." In Feb- ruary, I'TYS, he won a prize of five hundred dollars, in the Alms House Lottery. The embarrassment with respect to the ex- changes of prisoners still continued, and his cap- tivity was prolonged several months. It was not until late in the month of March that he was trans- ferred to Philadelphia, with the prospect of a speedy exchange. He arrived in that city on the 25th of March. His parole was enlarged on the 5th April, when he availed himself of the privilege to visit the American camp and the Congress. On the 9th April, he arrived at Yorktown, in Pennsylvania, where Congress was then sitting. At this time, he had the opportunity of witnessing the denouement of the intrigues, which, after his own capture re- moved him from the scene, had elevated his old associate Gates into a rival of Washington ! But the lesson was lost upon him. "While he was at Yorktown, his exchange for Major General Pres- cott was finally arranged, 21st April, but he did not rejoin the army at Valley Forge until a month later— May 20th, 1778. The history of that TREASON OF CHARLES LEE. 81 montli belongs to another part of this review of his career. I have said that the accounts of his harsh treat- ment were exaggerated. For this there is sufficient authority besides his own statement in a letter to Robert Morris, that " the General [Howe] has in- deed treated me in aU respects with kindness, gen- erosity, and tenderness." The English had a much less favorable opinion of Lee's abilities than he had secured in America. When it was reported in Europe several months before, that he had been captured, one of the wisest servants of the Crown, Sir Joseph Yorke, then minister at the Hague, wrote to Mr. Eden — that if he had not a thorough conviction in his own mind that the "unfortunate affair" in America would be brought to a happy issue in the course of the summer, he " should really have been concerned for the taking of Lee, convinced, from what I have seen and know of him, that he was the worst pres- ent which could be made to any army." And again, after he was taken: "I was one of those who expressed a sincere concern at the taking of Lee, in which nothing gave me pleasure but the masterly partisan stroke of Colonel Harcourt : it is impossible but Lee must puzzle every thing he meddles in, and he was the worst present the Americans could receive; my opinion has been verified much sooner than I wished, as the only stroke like officers which they have struck, hap- 82 TREASOK OF CHAELES LEE. pened after Ms being made prisoner." The capture of the Hessians and the masterly manoeuvres against the British, had enabled them to " find that he was not the only efficient officer in the American ser- vice." The times, when Lee was taken, were gloomy enough for the Americans. They were indeed, as Thomas Paine then wrote in his stirring appeal to the patriots of "76, " the times that tried men's souls. The summer soldier and the sunshine patriot would indeed, in such a crisis, shrink from the service of his country ; while he that stood firm then, deserved the love and thanks of man and woman ! " In the English camp, it was thought that Howe's successes had intimidated the leaders of the rebellion, and were about to induce a general submission — ^that further opposition was despaired of by all America, except a few desperate men in Washington's army, and that army reduced to less than thirty-five hun- dred men. The campaign projected by the British, too, for 17*77, was portentous of evil to the United States, and expected in Eui'ope to be decisive, where the friends of the Court were rejoicing upon the promising aspect of affairs in America ; and the whole tone and spirit of the royalists in New York, was confident in the extreme. The scattered notices which may be gleaned in the correspondence written from New York, at this time, are too vague and general, as well as uncertain, to furnish much light as to Lee's occupa- TEEASOK OF CHARLES LEE. 83 tions ; but I find one account wliicli is particularly interesting. It states " that he has employed his leisure hours mostly in writing ; and some were of opinion that he was employed in a plan of recon- ciliation, as he used often to say, that if the Ameri- cans had followed his advice, matters could never have gone to such a length. His tone is changed, and as he was always remarkable for his freedom of speech, he makes no scruple of condemning the Americans in very plain terms, for continuing the contest." His tone was indeed changed : " .... Quantum mutatus ab illo Hectore ! " It was at this time that he abandoned the cause to which he had so solemnly devoted himself. He was wanting in the hour of trial ! At the touch of misfortune, like the angel's spear, the disguises of cowardice and treachery fell away, and the pages upon which he recorded his own condemnation, vindicate his claim to a high place upon that list of traitors, of whom— to the sorrow and shame of hu- manity be it spoken — Judas was not the first, nor Benedict Arnold the last ! While the Continental Congress were denouncing their most solemn ven- geance in retaliation for any injury which he might receive at the hands of his captors — while Wash- ington, forgetting the iasults and injuries which had led to his misfortunes, was straining every 84 TEEASON OF CHARLES LEE. nerve in his behalf, and urging his requests upon Congress with constant zeal and sympathy — He WAS PLANWIWa EOB THE ENEMIES OP AmEEICA, THE ETJI]^ OF THE CAUSE ! I hold the document in my hand — in Lee's own autograph — ^unmistakaMe and real. It is in- dorsed in the handwriting of Henry Strachey, who was then Secretary to the Koyal Commissioners, Lord and Sir William Howe: " MR. LEE'S PLAN—^mh March, 1111 r [See Fac-simile No. H.] " As on the one hand it appea/rs to me that hy the continuance of the War America has no chance of obtaining the ends She proposes to herself ; that altho hy struggling S/ie mag put the Mother Country to very serious expencehoth in hlood and Money, yet She must in the end, after great desolation havoch and slaughter, he redudd to suhmit to terms much harder than might probably be granted at present — and as on the other hand Great Britain thd ultimately vic- torious, must suffer very heavily even in ihepyrocess of her victories, evry life lost and evry guinea spent being in fact worse than thrown away : it is only waiting her own property, shedding Iter own blood and destroying her own stregnthj and as I am not only perswaded from tlie high opinion I have of tlie humanity and good sense of Lord and General Hoioe TREASON OF CHARLES LEE. 85 tliat the terms of accommodation toill he as moderate as their powers will admit ^ hut that their powers are more ample than their Sioccessors (slioud any acci- dent Itappeii) wou^d he vested witli^ I tliinh myself oiot only justifiable hut hound in conscience to furnish all the lights^ I can^ to enahle ''em to hring matters to a conclusion in tlie most compendious onanner and consecjuently the least expensive to hoth Parties — I do this with the more readiness as I hn/no tlie most generous use will he made of it in all respjects — their humanity will incline ''em to have consideration for Individuals tvho have acted from Principle and their good sense ^vill tell ''em tliat the more moderate are the general conditions ; the more solid and permanent luill he the union., for if the conditions tvere extremely repugnant to the genercd way of thinhing, it wou\l he only tlie mere patchtoorTc of a day luhich tl/efrst hreath of unnd will discompose and the first symp- toms of a rupAure hetwixt the Bourhon Powers and Great Britain absolutely overturn — hut Ireally have no apprehensions of this l:ind whilst Lord and Gen- eral Howe have the direction of affairs., and flatter myself tlicd under their auspices an accommodation may he hidlt on so solid a foundation as not to he shalcen hy any such incident — in this persuasion and on these principjles I shall most sincerely and zeal- ously contribute cdl in my power to so desirable an end., and if no untoward accidents fall out which no human foresight can guard against I will answer with my life for the success. 86 TEEASON OF CHAELES LEE. ^'' From my present situation and ignorance of certain facts^ I am sensible that I hazard proposing things which cannot tvithout difficulties he compl/ifd imth; I cam, onl/y act from surmise^ therefore hope al- lowances wUl he made for my circumstances. I will suppose then that (exclusive of the Troops requisite for the security of Rhode Island and JST. YorTi) General Howe's Army (comp>rehending every species., British^ Hessians and Provincials') amounts to twenty thoushand men capahle to tdke the field and act offensively ; hy which I mean to move to any part of the Continent whei^e occasion requires — I ■u)ill suppose that the GeneraVs design with this force is to clear the Jersefs and talce possession of Phila- delphia — hut in my opinion the taking possession of Philadelphia will not have any decisive consequences — the Congress and People adhering to the Congress home al/i-eady made up their vnindsfm^ the event ; al- ready They have turned their eyes to other places tvliere Tliey can fix their seat of residence., carry on in some measure tlieir Government ; in short expect- ing this event They ha/tie devis'd measures for pro- tracting the War in hopes of some fa/vourahle turn of affairs in Europe — tlie taking possession there- fore of Philadelphia or cmy one or two Towns more., which the General may ha/ve in vieio., will not he de- cisive — to hring inatters to a conclusion., it is neces- sary to unhinge or dissolve., if I may so express my- self., the whole system or machine of resistance., or in other terms., Congress Government — this system or TREASON OF CHAKLES UEE. 87 machine^ as affairs now stand, depends entirely on the circumstances and disposition of the People of Maryla/nd Virginia and Pensijlvania — if tlie Province of Maryland or the greater part of it is reduced m- sulmits, and the People of Virginia are prevented or intimidated from marching aid to the Pensylvania Army the whole machine is dissolved and a period put to the War, to accomplish whicJi, is, the object of the scheme which I noiv take the lib- erty of offering to the consideration of his Loi^dship and' the General, and if it is adopAed in full I am so confident of the success that I xooidd stcd^e my life on the issue — Ihave at the same time the comfort to reflect, that in pointing end m.easnres which Ihnoiv to he the most effect ucdj I point out those which will he attended with, no bloodshed or desolation to the Col- on ies. As the difficidty of pxissing and of re-passing the North River andtlie apjprehensions f rom Genercd GurltoiUs Army ivill I am confident heep tlie Neio JEnglanders at home, or at least confine ''em to the East side the Piver ; and as their Provinces are at present neither tlie seat of Government stregnth nor Politichs I cannot see that any off'ensive opercdions against these Provinces woxCd answer any sort of Purpose — to secure N. Yorh and Phode Island against their attacks ivill be sufficient. On the sup- 2)Osition then, that Genercd Howe's Army {including every species of Troops) amounts to twenty or even eighteen thoushand men at liberty to move to any part of the Continent; as fourteen thoushcmd will he 88 TEEASON OF CHARLES LEE. more than sufficient to dear the Jersey's and take possession of Philadelphia^ I woiHd propose that four thoushand men ie immediately emtharlid in transports^ one half of which should proceed up the Patomac and take post at Alexandria^ the other half up Chesepeak Pay and possess themselves of Anna- polis. They %oill most probably meet with no opposi- tion in taking possession of these Posts, and when possessed they are so very strong hy nature that a few hours work and some trifling artillery will secure them against the attacks of a much greater force than can possibly he brought doion against thein — their communication with the shipping will he constant and sure— for at Alexandria Vessels of a very con- siderable burthen (of five or six hundred Tons for instance^) can lie in close to the shore, and at Anoia- polis within musket shot — all the necessaries and o-e- freshments for an Army are near at hand, and in the greatest abundance — Kent Island will supply that of Annapolis and every part on both ba/nks of the Patomnc that of Alexandria. These Posts m,ay with ease support each other, as it is but two easy days march from one to the other, and if occasion requires by a single days march. They may join ^ and conju/nctly carry on their operations wherever it shall be thought eligible to direct ''em ; whether to take possession of Baltimore or post themselves on some spot on the Westward bank of the Susquehanna which is a point of the utmost importance — but here I must beg leame to observe that there is a measure TREASON OF CHAKLES LEE. 89 loTiich if the General assents to and adopts will he attended with momentous and the most happy con- sequences — I mean that from these Posts proclama- tions of pardon should he issued to all those who come in at a given day, and I will answer for it ivith my life — that all the Inhahitants of that great tract southward of the Patapsico and lying hetwixt the Patomac and Ohesepeak Pay and tlwse on the east- ern Shore of Maryland will immediately lay down their arms — hut this is not all, I am much mistaken if those potent and popidous German districts, Fred- eric County in Maryland and Yorh in Pensylr vania do not follow their example — These Germans are extremely numerous, and to a Man have hitlierto heen the most staunch Assertors of the American cause ' hut at the same time are so remarhahly tena- cious of their property and apprehensive of the least injvry heing done to their fine farms that I have no doid)t when They see a prohahility of their Country hecoming the seat of War They will give up all op- position hut if contrary to my expectations a force should he assemhied at Alexandria sufficient to pre- vent the Corps detacKd thither from tahing possession immediately of the ptlace, it will make no disadvan- tageous alteration, hut rather the reverse — a variety of sp)ots near Alexandria on either hanh of the Par tomac may he chosen for Posts equxdly well ccdcidat- ed for all the great purposes I have mention'' d — mz ■ — for the reduction or compulsion to suhmission of the whole Province of Maryland for the preventing 90 TEEASON OF CHAELES LEE. or intimidating Virginia fi^om sending aids to Pen- sylvania—for in fact if any force is assemUedat Al- exandria sufficient to ojypose the Troops sent against it^ getting possession of it^ it must he at the expence of the mm'e Northern Army^ as they must he com- posed of those Troops which were otherioise destined for Pensylvania — to say all in a %vord^ it will %m- liinge and dissolve the whole system of defence. I am so confident of the event that I will venture to assert with the pencdty of iny life if the plan is fully adopted., and no accidents (siich as a rupture hetioixt the Powers of Europe) intervenes that in less than two months from the date of the 'proclaination not a sparh of this desolating war remains unextinguished in any part of the Continent. " ^ On the Road from Annapolis to Queen Ann tliere is one considercdjle River to he pass'd., hut as tJie ships hoats can easily he hrought round from the Ray to the visual place of passage or Ferry., this is no impediment if the Two Oorps chuse to unite They may hy a single days march either at Queen Anns or Malhrough.^'' Such was the scheme of treason which Charles Lee, Major General, second in command in the American army of the Revolution, took " the lib- erty of offering to the consideration of his Lordship and the General," His Majesty's Commissioners, Lord and Sir "William Howe ! Its form and char- TREASON OP CHARLES LEE. 91 acter do not admit the supposition that lie had been tampered with, solicited, or approached in any way on the subject. It must have been the volun- tary offering of cowardice, eager to purchase safety by treachery, and thus to open the way back to allegiance and protection ! He had e^ddently re- garded himself as " the Palladium," and with his own capture had lost all hope for the success of the Americans. So he threw himself upon the gener- osity of the Howes, and tried to make a virtue of his own selfishness ; betraying his associates, while with a characteristic appeal for sympathy, he thought their "humanity" would incline Lord and General Howe " to have consideration for individ- uals who have acted from principle." Although we are left mainly to conjecture the circumstances under which this plan was submitted to the Howes, it is proper to make such inferences as are warranted by their subsequent conduct of the war. From the beginning of the winter of IIIQ-'II, General Howe had been sending to the ministry his plans for the next campaign. His primary object, repeatedly urged, was the junction of the two ar- mies up and down the Hudson Kiver. His own movement northward, accompanied with an irrup- tion into New England, it was said, would " strike at the I'oot of the rebellion, and put those Inde- pendent Hypocrites between two fires " — and " open the door wide for the Canada army." The princi- 92 TREASON OF CHARLES LEE. pal features of these plans had received the appro- bation of the king, who, with the ministry. Parlia- ment, and the nation, undoubtedly expected, by the possession of the Lakes and the North River, to complete the separation of the northern and south- ern colonies, and conquer America in detail. But in his secret letter of the 2d of April, the General totally relinquished the idea of any offen- sive operation, except that to the southward, and a diversion occasionally upon the Hudson River. He informed the Secretary of State that the principal part of the plans formerly proposed could no lon- ger be thought of; that the Jerseys must be aban- doned, and Pennsylvania invaded only by sea. At the same time he transmitted to the ministry, a copy, in advance, of his confidential letter of the 5th April, to Sir Guy Carleton, then commanding in Canada, in which he said that little assistance was to be expected from him to facilitate the approach of the northern army — as "the operations already determined upon," would not admit of his detach- ing a corps to act up the Hudson River, in the be- ginning of the campaign. In the same letter, he in- formed General Carleton that he had intrusted to a special messenger " information of too delicate a nature to commit to paper, and of the utmost ini- portance in favor of the northern army advancing to Albany." The new expedition which he had planned, was a " great secret " in New York, even after the embarkation of a portion of the troops. TREASON OP CHARLES LEE. 93 When it came out, it is said that Sir Henry Clinton refused to believe it possible that Howe intended carrying the army to the southward. In the man- uscript notes upon Stedman's history attributed to him, is the following : " I owe it to truth to say there was not I believe a man in the army except Lord Cornwallis and General Grant, who did not reprobate the movement to the southward, and see the necessity of a co-operation with General Bur- goyne." A cotemporary writer says : " It is impossible for the mind of man to conceive the gloom and re- sentment of the army, on the retreat from the Jer- seys, and the shipping them to the southward ; noth- ing but being present and seeing the countenances of the soldiers, could give an impression adequate to the scene ; or paint the astonishment and despair that reigned in New York, Avhen it was found that the North River was deserted, and Burgoyne's ar- my abandoned . . . The ruinous and dreadful consequences were instantly foreseen and foretold ; and despondence or execration filled every mouth. Had there been no Canada army to desert or to sacrifice, the voyage to the southward could only originate from the most profound ignorance or im- becility." The evidence in the House of Commons, in the subsequent Parliamentary examinations, indicates that Howe did not consult many officers, and that almost all opinions were against the movement as 94 TREASON OF CHAKLES. LEE. soon as it was known. Lord George Germaine, on the 8th June, I'T'TO, defending the ministry, said : " that he did not understand the ohject of the southern expedition by the Capes of Virginia," and in general, the " absurd voyage to Chesapeake" was afterwards condemned, as a pernicious measure, j^roducing fatal effects — the loss of Burgoyne's army, the French alliance, and so indirectly, most of the subsequent advantages of the Americans. The influence of Lee's plan is easily recognized in the movements of the Howes, which were then so unintelligible to both armies. Their natural dis- trust of him must have had great weight in their determination, and may have prevented them from adopting it in full. They never satisfactorily ex- plained their motives, though seriously challenged in the subsequent debates in Parliament. They might well be reluctant to admit that they had fol- lowed the suggestions of one who was personally so obnoxious to the king and ministry. Their failures certainly would not increase their readiness to al- lude to what had proved so fatal a gift. So they seem to have preserved the secret of the expedition. " A mystery " in Parliament then — ^it has continued to remain so to this day. But however all this may be — whether or not, future investigations and discoveries shall prove that the plan did mainly influence the Howes in their determination — you will not hesitate in agree- ing with me that the failure was no fault of its an- TEEASON OP CHAELES LEE. 95 thor. It is conceived in as wicked a spirit of trea- son as ever existed. To the extent of Ms knowl- edge of the tten circumstances of botli armies, it is perfectly adapted for entire success, and tkat it did not ruin the cause, we may thank that God who ruleth in the affairs of men. There are many interesting points in which this " Plan " of treason, touches the subsequent career of its author, both in the American service and af- ter his disgrace. I shall at present allude to but one of them, at the risk of leaving you in doubt which was the greater — ^his hypocrisy or his im- pudence. Just before the evacuation of Philadelphia, Washington became convinced that the enemy in- tended to march through the Jerseys. Lee, only three days before they actually crossed the river, wrote to the Commander-in-chief as follows : " My opinion is that if they are in a capacity to act offensively, they will, either immediately from Philadelphia, or, by a feint in descending the river as far as New Castle, and then turning to the right, march directly and rapidly towards Lancaster, by which means they will draw us out of our present position, and oblige us to fight on terms perhaps very disadvantageous ; or that they will leave Lan- caster and this army wide on the right, endeavour to tale post on the Jnicer ])arts of tlie Susquehanna^ and hy securing a communication ^vitli their ships sent round into the hay for tli is purpose ^ be furnished 96 TREASON OF CHARLES LEE. with the means of encouraging and feeding the In- dian war, hroke out on the western frontier. This last plan I mention as a possibility, but as less prob- able than the former. " If they are not in a capacity to act offensively, but are stiU determiued to keep footing on the con- tinent, there are strong reasons to tJiink, that they will not shut themselves up in towns ^ hut take pos- session of some tract of country^ which will afford them dhow room and sustenance, and which is so situated as to he the most effectually protected hy their command of the waters ; and I have particu- lar REASONS to think that they have cast their eyes for tliis purpose on the lower counties of Delaaoare, and some of the Maryland counties on the Eastern sliore. If they are resolved on this Plan, it cer- tainly will he very difficult to prevent them, or re- move them afterwards, as tlieir shipping will give them such mighty advantages. Whether they do or do not adopt any of these plans, there can no in- convenience arise from considering the subject, nor from devising means of defeating their purposes, on the supposition that they will. "In short, I think it would be proper to put these queries to ourselves. Should they march di- rectly towards Lancaster and the Susquehanna, or indirectly from New Castle, what are we to do ? Should they, though it is less probable, leave this army and even Lancaster, wide on the right, and endeavour to establish themselves on the lower TEEASON OF CHARLES LEE. 97 parts of the Susquehanna, what are we to do i And, should they act only on the defensive, and attempt to secure to themselves some such tract of country as I have mentioned, what measures are we to pursue ? These are matters I really think worthy of consideration." Washington's reply of the same date, 15th June, 1778, contains the following passages : " I have received your letter of this date, and thank you, as I shall any officer, over whom I have the honor to be placed, for his opinion and advice on matters of importance — especially when they proceed from the fountain of candor, and not from a captious spirit, or an itch for criticism . . . and here let me again assure you, that I shall be always happy in a free communication of your sentiments upon any important subject relative to the service, and only beg that they may come directly to myself. The custom, which many officers have, of speaking freely of things, and reprobating measures, which upon investigation, may be found to be unavoidable, is never productive of good, but often, of very mis- chievous consequences." Lee seems to have had from the beginning of his service in the Continental army, a passion for a negotiation with the British Generals. Soon after he arrived before Boston, in 1775, his correspond- ence with his old friend Burgoyne, led to a pro- posal for a meeting which might " induce such ex- planations as might tend, ia their consequences, to 98 TREASON OF CHAELES LEE. peace." He submitted the proposal to the Massa- chusetts Provincial Congress, whose reply, while it renewed the expression of their confidence in his wisdom, discretion, and integrity, hinted so strongly at the probable distrust and jealousy, which might arise, that the project was abandoned. His first letter to Burgoyne was written from Philadelphia, just before his appointment to the army, and before he sent it, "he had the precaution to read it to several members of the Continental Congress." Even then he was guilty of a duplicity which falls little short of treachery. He held a language official and a language confidential, writing a private letter to Burgoyne (which has never yet seen the light) expressly referred to in the following letter from the British Secretary for Foreign Affairs to the French Minister. Is it unreasonable to suppose that Lee's confidences may have disclosed those early intimations so guardedly given of the secret aid of France, which occasioned the first step to- wards a foreign alliance by the appointment of the secret Committee of Foreign Affairs in I'T'TS ? LORD EOCHFORD TO COUNT DE GUINES. "September 8th, 1115. "Milord Rochford presente ses comphmens a son Excellence Monsieur le Compte de Gruines, et a I'honneur de lui remettre les lettres imprimees de M. le General Burgoyne et M. Lee, et le prier de vouloir bien les lui renvoyer a son loisir. Milord TEEASOlSr OF CHAELES LEE. 99 a I'lionneur de conflrmer a son excellence ce qu 'il lui assura Her an matin touchant ce qui a ete confie en ecrit an General Burgoyne par ]\I. Lee sur son hon- neur. Ces assurances se trouvent dans une lettre particuliere et confidentielle de ]\I. Lee, laquelle n' est pas imprimee, et on ne sera pas facte d' etre en etat de le contredire anthentiquement." Lee's last published letter to his old companion in arms was dated December 1, II'IS. On the 4th, he wrote from the Camp on Prospect Hill, to his friend Rush : " I have written a parting letter to Burgoyne, which in my opinion is the best of my performan- ces. I believe it does not tally with your j)olitical creed in some parts — but I am convinced tlmt you Tmvenot virtue enough for indqwrnlence ; nor ih I tliinh it ccdcuJated for your 7iaj)j:>ine-S'S,' besides Iliave some remaining ijrejudices as an Englishman — but you will judge Avhether they are honest and liberal — if they shock you, be gentle ui your censures." Again, on his way through New Jersey to join Washington at Harlem, in 1776, he suggested to Congress a conference with Lord Howe, by some gentlemen in the simple character of indLviduals who are supposed to have influence, and in whom they could confide, to demand what terms he had to offer. This was just one month after the Staten Island conference, of the character and results of which he could hardly have been ignorant. 100 TEEASOBT OF CHARLES LEE. With Sir Henry Clinton, too, at Charleston, he was exchanging compliments, in IIIQ, and in 1778, just before the evacuation of Pliiladelfliia^ and the British retreat across New Jersey^ he was in cor- respondence with that officer — a correspondence which, as well as later performances of a similar character, will be more fully noticed hereafter, in connection with the Battle of Monmouth, and his subsequent career. Much of the evidence of his unworthiness, in my possession, is so connected with his conduct on that occasion, and the discussions which followed, as to make that the proper place to present it. At present, I must content myself with the direct proof of the principal fact, with such brief illustration as the occasion wiU allow. Lord and General Howe, in the month of Feb- ruary, 1777, are said to have attempted to open a negotiation with the Congress through General Lee. I am unable to resist the conclusion, that this cor- respondence, as it agrees in point of time, formed a part of Lee's attempt to be of service to the Crown, by betraying the cause of America. The rumors which prevailed in England and among the Loyal- ists in America, as well as the British army, indicate a strong expectation that Lee's application to Con- gress was about to result in important changes in affairs. He was supposed to be high in favor, and the style of his first letters indicates great confidence in himself. This confidence was not without foun- dation, as we have seen, although his capture had TREASON OF CHAELES LEE. 101 shaken the opinions of some, and led others to can- vass his merits more carefully than ever before. Some questioned the justice of Congress in their anxiety to protect and prefer him in the exchange of prisoners, while others censured him bitterly and insinuated that he was treacherous. On the 9th of February, he wrote to Washing- ton, inclosing a letter to Congress, which the Howes had permitted him to send. He says : " As Lord and General Howe have given me permission to send the enclosed to the Congress, and as the con- tents are of the last importance to me, and perhaps not less so to the community, I most earnestly en- treat, my dear General, that you will despatch it immediately, and order the express to be as expe- ditious as possible." In the letter to Congress, which was inclosed. General Lee requested that they would permit two or three gentlemen to repair to New York, to whom he might communicate what deeply interested himself, and in his opinion the community. He says : " The most salutary effects may and I am convinced will result from it ; and as Lord and General Howe will grant a safe conduct to the gentlemen deputed, it can possibly have no ill consequences." He expressed his wish that some of the gentlemen composing the Committee at Phil- adelphia might be nominated. Robert Morris, George Clymer, and George Walton, were the mem- bers of this Committee. Congress having adjourned from Philadelphia to Baltimore on the 12th of 102 TREASON OP CHAKLES LEE. December, 1776, assembled in the latter city on the 20th ; and, on the next day, these gentlemen were appomted to execute such Continental business as might be proper and necessary to be done at Philadelphia. General Lee also wrote with very great earnestness to the Virginia Lees in Congress, and to Robert Morris and Benjamin Rush, soliciting their influence to accomphsh his object. He gave no hint of the nature of the proposed communica- tion, and it is obvious that none of his correspond- ents were acquainted with any of his ulterior pur- poses. Washington himself could see no possible evil that could result from granting General Lee's request ; and as he thought some good might, wished with all his heart that Congress had grati- fied him. In this view of the case, Morris concur- red, while Richard Llenry Lee finally coincided with the majority in Congress, although his per- sonal feelings towards General Lee were such, as to cause a great struggle in the determination. On the 21st of February, Congress directed General Washington to acquaint Lee that they judged it altogether improper to send any of their body to communicate with him, and that they could not per- ceive how a compliance with his request would tend to his advantage or the interest of the public. On the 26th of February, Lee was still impatiently expecting the gentlemen from Congress. He had urged the necessity of the greatest "possible ex- pedition, as expedition in the present crisis of afikirs TEEASOW OF CHAELES LEE. 103 is of very material consequence ; " and " to save time in the present situation of affairs is a matter of the most material consideration." About the middle of March, Major Morris was permitted to visit General Lee, who availed himself of the opjjortunity, when Morris returned, to trans- mit to the President of Congress the following pressing letter, reiterating his former request. It is evident that he was not aware of the action Con- gress had already taken upon his application. CHAELES LEE TO JOHN HANCOCK. " New York, March y" 19th, 1111. "Sie: "In the letter which sometime ago I did myself the honor of addressing to the Congress, altho' my own interests were deeply concerned, they were not simply so : I conceived those of America in general to be equally at stake. I am confident that had not some difficulties, which a man in my situation must be unacquainted with, prevented it, you would have comply'd with my request or favour'd me with the reasons of my disappointment. I most earnestly con- jure you therefore. Sir, that as Lord and General Howe will grant 'em safe passports, two or three gentlemen may be deputed to converse with me on subjects of so great importance not only to myself but the community I so sincerely love — ^to prevent delay I have commissioned Mr. Morris to deliver this letter and flatter myself that I shall not be 104 TREASON OP CHAELES LEE. thouglit indecently pressing, when I request that the gentlemen may without loss of time be deputed, or that the inexpediency of the measure may be signifled to me by letter. " I am. Sir, with the greatest respect, " Your most obedient, humble servant, "Chaeles Lee." This letter was received in Philadelphia on the 28th, and read in Congress on the 29th March, whereupon after due consideration they adopted the following resolution : '■'■ Resolved^ That Congress still judge it im- proper to send any of their members to confer with General Lee, upon the subjects mentioned in his letter." Those who are curious in dates will not fail to observe that this final action of Congress took place on the same day on which his treason was consum- mated. The reasons which prevailed in Congress against the measure were not fully known to him, but Kobert Morris, in his letter of March 6th, 1777, to General Washington, hinted what he supposed to be " one of the most forcible arguments " used against it. He says : " I have not heard that it was used, but it occurred to me on reading General Lee's letters ; I mean the effect it might have at the Court of France, should they hear, as they un- doubtedly would, that members of Congress visited General Lee by permission of the British Commis- TEEASON OF CHAELES lEE. 105 sioners. The meeting vi-ith. Lord Howe at Staten Island last summer injured Mi". Deane's negotiations much, and retarded supplies intended for us." Mr. Sparks states that he has seen a sketch of the de- bate of Congress on this subject, in which " the same argument was used to prove that the step was impolitic ; and it was moreover said to be degrad- ing, as Lord and General Howe could have no pow- ers to treat of conciliation, except what they had derived from Parliament, which were known to ex- tend only to receiving submissions and granting pardons. To send a committee to meet them under such circumstances, or to listen to their proposals through General Lee, was deemed inconsistent with the dignity of Congress." The proposition was denounced in the patriot publications of the day, as one of the repeated, insidious, and delusive attempts of the enemies of America to seduce the people from their virtuous efforts, by holding out false ideas of peace and re- conciliation. The same view was taken in a letter written by William Gordon, the historian, on the 3d of April, ITT 7. He says: "... What has Lee been after of late? Suftering himself to be made a paw of by the Howes ! If they have any proposals to make, fit for men of honor to ofPer, let them do it directly — ^they know how to send to the Congress." A tory pamphlet published in 1*780, referring to this affair, stated that "General Lee, while a 106 TKEASON or CHAELES LEE. prisoner at New York, wrote two letters to inti- mate the willingness of Lord and General Howe to suspend the war, and enter upon a treaty for a per- manent peace ; lie was then high, in the confidence of the Congress, and requested to be appointed one of their Commissioners on this important service." The correspondence which I have examined, in- dicates a general feeling among the officers of the army in favor of the application. The following extracts present the best cotemporary view of the whole subject, showing how sincere was the interest felt in Lee's personal welfare, and at the same time most conclusively, that no suspicion was entertained of his treachery. GENERAL GREENE TO JOHN ADAMS. " Baskinridge, March 3, 1111. ^' . . . I beg leave to make some enquiry into the policy of some late resolutions of Congress that respect General Lee. Why is he denied his request of having some persons appointed to confer with him ? Can any injury arise ? Will it reflect any dishonor upon your body to gratify the request of one of your Generals ? Suppose any misfortune should attend him immediately, will not all his friends say, he was made a sacrifice of? That you had it in your power to save him, but refused your aid ? He says in his letter, he has something of the last importance to propose with respect to himself, and adds, perhaps not less so to the public. You TEEASOW OF CHAELES LEE. 107 cannot suppose tliat the General would hold out a proposition to bring us into disgrace or servitude ? If he would, it is certainly our interest to know it seasonably, that we may not make a sacrifice for a man that is undeserving of it. If he would not, 'tis certainly a piece of justice due to his merit to give him a hearing. To hear what he has to propose cannot injure us, for we shall be at liberty to im- prove or reject his proposition. " But let us consider it in another point of view. Will not our enemies, the disaffected, improve this report to our prejudice ? They will naturally say that General Howe had a mind to offer some terms of peace, and that you refused to lend an ear or give him a hearing, and that you were obstinately bent on pursuing the war, evidently to the ruin of the people. Had you not consented to hear General and Lord Howe last spring, the public never would have been satisfied but there might have been an accommodation upon safe and honorable conditions. For my own part, I could wish you to give General Lee a hearing." JOHN ADAMS TO GENERAL GREENE. [Baltimore, March — , llll.} "... You ask why General Lee is denied his request. You ask. Can any injury arise ? Will it reflect any dishonor upon Congress ? I do not know that it would reflect any dishonor, nor was it refused upon that principle. But Congress was of 108 TEEASON or CHAELES LEE. opinion that great injuries would arise. It would take up too much, time to recapitulate all the argu- ments which were used upon the occasion of his letter. But Congress was never more unanimous than upon that question. Nobody, I believe, would have objected against a conference concerning his private affairs, or his particular case. But it was inconceivable that a conference should be necessary upon such subjects. Any thing relative to these might have been conveyed by letter. But it ap- pears to be an artful stratagem of the two grateful brothers to hold up to the public yiew the phantom of a negotiation, in order to give spirits and courage to the tories, to distract and divide the whigs at a critical moment, when the utmost exertions are ne- cessary to draw together an army. They meant, further, to amuse opposition in England, and to amuse foreign nations by this manoeuvre, as well as the whigs in America, and I confess it is not without indignation that I see such a man as Lee suffer himself to be duped by their policy, so far as to become the instrument of it, as Sullivan was upon a former occasion . . . "But further. We see what use government and the two houses make of the former conference with Lord Howe. What a storm in England they are endeavoring to raise against us from that cir- cumstance. " But another thing. We have undoubted in- telligence from Europe that the ambassadors and TEEASON OF CHARLES LEE. 109 other instruments of the British ministry at foreign courts made the worst use of the former conference. That conference did us a great and essential injury at the French court, you may depend upon it. Lord Howe knows it, and wishes to repeat it. " Congress is under no concern about any use that the disaffected can make of this refusal. They would have made the worst use of a conference. As to any terms of peace, look into the speech to both Houses, the answers of both Houses. Look into the proclamations. It is needless to enumer- ate particulars which prove that the Howes have no power but to murder or disgrace us." Washington had deferred the communication of the first resolution of Congress, doubtless expecting that they would alter their determination. He finally wrote to Lee from Morristown, on the 1st of April, announcing the result of his appHcations. The following letter is Lee's res23onse to their re- fusal : written precisely one week after his Plan had been submitted to the Howes : GENERAL LEE TO GENERAL WASHINGTON. " New York, 5th April, 1111. " My Dear Sir : " It is a most unfortunate circumstance for my- self, and I think not less so for the public, that the Congress have not thought proper to comply with my request. It could not possibly have been at- tended with any ill consequences, and might with 110 TREASON OF CHARLES LEE. good ones. At least it was an indulgence, which. I thought my situation entitled me to. But I am unfortunate in everything, and this stroke is the severest I have yet experienced. God send you a different fate. Adieu, my dear General. " Yours most truly and affectionately, " Charles Lee." This letter needs little comment in this connec- tion. It has been hitherto, the occasion of not a little sympathy for its author. Taken as an evi- dence of " the severe humiliation his haughty spirit had experienced" in his capture, this "brief sad note," as it has been characterized, in which " his pungent and caustic humor is at an end," has been contrasted with " the humorous, satirical, self-confi- dent tone of his former letters." There is really no word for it but hypocrisy — I doubt if its parallel can be found in history. The only subsequent allusion to this subject which I have met with in his correspondence, is in a letter to Robert Morris, dated at New York, on the 19tli May, 111^, in which he says : " It would for several reasons have been highly improper, to have opened the business by letter, which, if I have the pleasure of seeing you, you will be convinced of" What he expected to accomplish by his inter- view with the members of Congress is matter of conjecture — except as we may infer it from his co- TREASON OF CHAELES LEE. Ill temporary scheme of treason, and the earnestness with which he urged his personal friends and mem- bers of the Committee at Philadelphia to visit him nnder the safe conduct of the Howes. It is hardly too much to suspect, in view of the base treachery of his Plan, that if any thing was to be accomplished by the most unworthy means and appliances, he, at any rate, would not shrink from the attempt. From the beginning of the contest, it was a principal ob- ject with the British emissaries (whether Generals or Commissioners, or both,) to weaken the power and counteract the views of the American leaders, by breaking and dividing, the Congress among themselves. To complete their design, they were ready to invoke not only fire and sword, but intim- idation, falsehood, and corruption ! This policy culminated in the grand Commis- sion of 17.Y8 — which produced nothing but disap- pointment and chagrin in England, with an end to all negotiation. In the Parliamentary discussions which followed the intelligence of Burgoyne's de- feat and capture and preceded the appointment of that commission, there is a significant passage which I will quote here, as it serves to show the character of Lee's communications to his relatives in. England. On the 4th December, 1777, Sir Charles Bun- bury said that " he would not take upon him to say what America would do now; but he could assure the House from the authority of a dear, but unfor- tunate relation of his, the unhappy General Lee, 112 TEEASON OF CHAELES LEE. that the Americans would, at the beginning of the dispute, have been perfectly satisfied to submit in every respect to Great Britain, provided they should be at liberty to raise, by what means they thought proper, any sum which the Parliament of England should demand of them. He could not tell whether they would make such an offer now : but he would put them to the test, and by offering them peace, employ the only possible means to subdue them ; and that was by dividing them . . . "' Here, I must for the present occasion, leave the subject. The Battle of Monmouth, Lee's trial,- and his subsequent career, must be omitted. I will de- tain you but for a moment, at its close. He died in Philadelphia, before the end of the war, at ten o'clock in the evening of Wednesday, the 2d of October, 1*782, after an illness of five days. His last words, uttered in the delirium of fever, declared the wandering fancies of his mind to be with the army, and in the heady currents of the fight — " Stand by me, my brave grenadiers ! " His remains were conducted, on Friday morning, with military honors, from the City-Tavern, at- tended by a large concourse of gentlemen of dis- tinction, and deposited in Christ Church Yard. Among those who paid their passing tribute of respect to his memory, there were doubtless not a few moved by a generous pity for the misfortunes, as they seemed, which enveloped his later years. TREASON OF CHAELES LEE. 113 Their sympatliy lie had rejected while alive, and that could hardly follow him to his grave. But they forgot the wilful and wayward conduct, which had alienated all who were truly the friends of American Liberty ; they remembered only the stir- ring tones of that patriotism, as they thought, which roused them to arms and urged them to independ- ence. To them it might be as the same tale, and told as sternly, as any of the old familiar lessons of human disappointment. For, from that point of view, neither Troy, nor Carthage, nor any of the old ruined castles of Europe, nor the most tragic story, was ever more full of broken hopes and shat- tered schemes. But this is changed. If the truth of history means any thing — " Only the actions of the just, Smell sweet, and blossom in the dust." Tacitus has told us that " it is the chief part of the historian's duty to re-judge the conduct of men; that generous actions may be snatched from obliv- ion, and that the author of pernicious counsels, and the perpetrator of evil deeds, may see beforehand, the infamy that awaits them at the tribunal of pos- terity." So, too, to translate the language of him, who told the story of our Independence in the mother-tongue of Dante : " Make yourselves infa- mous by your deeds, and history shall make you infamous by her words ! " There are, it is true. 114 TREASON OF CHAELES LEE. human failures, wMcIl prudence or policy might conceal, which kindness and courtesy might modify; which '' courage overshadows with his shield, which imagination covers with her wings, and charity dims with her tears." But Truth " forgives no insult and endures no stain ; " and history demands moral sym- pathies of the highest and noblest kind. " Every truly great and original action has a prospective greatness, not alone from the power of the man who achieves it, but from the various aspects and high thoughts which the same action will continue to j)resent and call up in the minds of others, to the end, it may be, of all time." So, too, with that which is bad — like the poetical vision of the Angel of Sin — -it assumes vast proportions, and stands in the pathway of Time — " A monumental, melanclioly gloom Seen down all ages." It is impossible to avoid the constantly recur- ring contrast of Lee's career, with that of his great Chief How we love to turn and linger in contem- plation of the character of Washington, which we always recognize with a sense of affectionate admi- ration, not unmingled with an awe Hke that felt as in the presence of some great Spiritual Power. He who " in weariness and painfulness, in watchings often, in hunger and thirst, in fastings often, in cold and nakedness, in perils among false brethren," still bent all the force of his understanding, and direct- TREASON OF CHAELES LEE. 115 eel all Ms ttouglits and actions, to the good of his country. " In Mm were united the purity of the most disinterested patriotism, and all the energy of the most stirring ambition; the utmost reluc- tance to engage in the contest, with the firmest will never to abandon it when begun." Of him, it might be said with greater truth than it was said of the famous Spanish Cardinal : " He was like a city on the margin of deej) waters, where no receding tide reveals any thing that is mean, squalid, or unbecoming.'' So " Let his great example stand Colossal, seen of every land, And keep the Soldier firm, the Statesman pure ; Till in all lands, and through all human story, The path of duty be the "way to globy.' New-York, June 22rf, 1858. It is proposed to publish Memoirs of the Life and Treason of Charles Lee, Major General, second in command in the American Army of the Eevolution, together with his Political and Military Writings and Correspondence with many Distinguished Characters, both in Europe and America. Edited by Georoe H. Moore, Librarian of the New-York Historical Society. The work will comprise all the materials in Langworthy's Memoirs, of which two editions have been published in England and three in Ameri- ca, and the entire proceedings of the Court Martial on Lee, in I'llS, all which are long since out of print aiid now rare, besides numerous original letters and documents, never before collected or published. It will be il- lustrated with several engravings on steel, maps, and plans, together with fac-similes of some of the most important documents.