E 281 .A8 Copy 2 • 4* *h v* :£m ^ *. rt> » sat. v ov \/ %*^y v*^*y % " ■'''-' 7 * ^ * *?7(r THE CONDUCT GENERAL WASHINGTON, RESPECTING THE CONFINEMENT OF CAPT. ASGILL, I3XT ITS TI4XJE IPOIUNTT OIF LIGHT, DAVID HUMPHREY: 31 {Preface anb 3lppcnVu. Ncu) fiork PRINTED FOR THE HOLLAND CLUB. MDCCCLfX Extract from a letter of General Washington, to Col. Humphreys, dated Mount Vernon, 26 December, 1786. " For your publication respecting the treatment of Capt. Asgill, I am exceedingly obliged to you. The manner of making it is the best that could be devised, while the matter will prove the illiberality as well as fallacy of the reports which have been circulated on that occasion, and which are ascribed to that officer as the author." PREFACE. N the month of March, 1782, one Philip White, an f' T |f infamous tory, was taken prisoner, by a party of & American light-horse ; after laying down his arms in token of surrender, he took up his musket and killed one of his captors. He was, however, secured, and while being taken to Freehold, New Jersey, was put to death, as some accounts say, in an effort to escape. About the same time, Capt. Joshua Huddy, a gallant and honorable officer of the American army, while in command of a block house, at Tom's river, New Jersey, was attacked by a party of refugees, and after a gallant resistance, was taken prisoner and conveyed to New York. Shortly after- wards, he, with two others, was sent by the Board of Loyalists to Sandy Hook, to be exchanged, under the care of Capt. Lippencut, who, on his return, reported that "he had ex- changed the two as directed, and that Huddy had been ex- changed for Philip White." He had, in fact, hung him on a tree, on the Jersey shore. PREFACE. Gen. Washington on hearing of this fact, demanded of Sir Henry Clinton, the delivery of Lippencut, the murderer of Huddy, but though Lippencut was tried by a court-mar- tial for the offence, the Loyalists interposed for his protec- tion. On the failure of compliance with his demand, Gen. Washington determined, with advice of his officers, on re- taliation, and accordingly Capt. Charles Asgill, who had been taken prisoner at the capitulation of Yorktown, was selected, by lot, to atone the death of Huddy. In the meanwhile, Sir Guy Carleton, who was known for his humanity, superseded Clinton, as commander of the British army, and broke up the Board of Associated Loy- alists, thereby preventing a repetition of similar excesses. The war also drawing to a close, the motives for retaliation, in a great measure, ceased. -Mrs. Asgill on hearing of the perilous situation of her son, wrote to M. Vergennes, the French minister, a touching letter, describing her distress and that of her family, and begging his interference, in consequence of which, Vergen- nes interposed with Washington in Asgill's behalf. Copies of these letters were forwarded to Congress, and in the month of November following, they resolved that the Com- mander-in-Chief be directed to set Capt. Asgill at liberty. Asgill, who had received every indulgence, and who had preface. x [[ been treated with all possible politeness, was accordingly released, and permitted to rejoin his friends at New York. He returned to England, and afterwards became General Sir Charles Asgill, and died in 1823, at the age of 70 years. The following collection, made by Col. Humphreys, was originally published in the "New Haven Gazette:' It is now reprinted in pamphlet form, in order to give it the pre- servation it deserves. INTRODUCTION. MESSES. MEIGS & DANA: When I was in England, last winter, I heard suggestions that the treatment Capt. Asgill experienced during his con- finement, was unnecessarily rigorous, and as such, reflected discredit on the Americans. Having myself belonged to the family of the Commander-in-Chief, at that period, and having been acquainted with the minutest circumstance relative to that unpleasant affair, I had no hesitation in utterly denying that there was a particle of veracity in those illiberal sug- gestions. On my return to Mount Vernon, this Summer, I mentioned the subject to Gen Washington. He showed me a communication from London, addressed to Col. Tilghman, which, arriving just after the death of that most amiable character, had been forwarded by his father to the General; by the latter, I was also indulged with a sight of his answer. I desired to be permitted to take copies of these papers, together with transcripts from all the original letters and orders respecting Capt. Asgill. Of these I am now pos- sessed. Anxious that the circulation of truth should be co-exten- sive with the falsehoods, which have been assiduously propa- x INTRODUCTION. gated, and desirous that the facts may be placed in a true point of view, before the eyes of the present age, and even of posterity, I have determined, without consulting any one, to charge myself with their publication. It is for this pur- pose, I request you to insert in your judiciously conducted paper, the enclosed documents, for the authenticity of which I hold myself responsible to the public. I am, Gentlemen, Your Most Obedient, and Most Humble Servant, D. HUMPHREYS. New Haven, Nov. 6, 1786. LETTERS, &G. No. I. POSTSCRIPT TO A LETTER FROM JAMES TILGHMAN, ESQ., TO HIS EXCELLENCY, GENERAL WASHINGTON, DATED BAL- TIMORE. MAY 26, 1786. "P. S. A letter is just come to hand from r.n American, in London, who was the friend of my son, in which your name is mentioned, and I take the liberty of enclosing to you a copy of the paragraph. If you think it worth your while to say anything upon the subject, I will transmit it to the gentleman, who writes the letter, with some degree of anxiety. I know what pleasure my poor son would have taken in setting the matter in its proper light." "JAMES TILGHMAN."* No. II. COPY OP THE PARAGRAPH. "I have had it in contemplation to write to you for some time past, on a subject in which I find myself more and more in- *Col. Tench Tilghman, had been an aid to Gen. Washington, during a great part of the war, and had acquired in an unusual degree, his confi- dence and esteem. He died, after a short illness, at Baltimore, April 18, 1786, in the 43d year of his age. 1 2 LETTERS, &C. terested. I have endeavoured to shake it off from my mind, because I am persuaded that General Washington is too great in himself to be concerned at any calumny, and his character too fair and pure to need any defence of mine. I have the honour to be introduced to a party of sages, who meet regularly at a coffee-house, where they discuss politics, or subjects to communicate useful knowledge. This set of men often mention our great and good General, and com- monly in a proper manner ; but some give credit to a charge exhibited against him, by young Asgill, of illiberal treat- ment, and cruelty towards himself. He alleges that a gib- bet was erected before his prison window, and often pointed to in an insulting manner, as good and proper for him to atone for Huddy's death ; and many other insults, all of which he believes were countenanced by General Washing- ton, who was well inclined to execute the sentence on him, but was restrained by the French General, Rochambeau. I have contended that it was entirely owing to the humane procrastination of our General, that Captain Asgill did not suffer the fata allotted him, and that it was most happy to General Washington's good disposition that the French Court interposed, so as to enable him to save Asgill, and at the same time keep an army in temper. This affair is stated by young Asgill, and canvassed at the British Court, as be- fore related. Now sir, not for General Washington's sake, who, as I observed before, is above it, but for mine, who take pride in him. as I believe every honest American must, I request the favour, that you would inform me fully on the subject, that I may be enabled to parry the only bad thrust made at our hero, in my presence." LETTERS, &C. 13 No. Ill EXTRACT FROM A LETTER FROM HIS EXCELLENCY, GENERAL WASHINGTON, TO JAMES TILGHMAN, ESQ, IN ANSWER TO THE FOREGOING, DATED MOUNT VERNON, JUNE 5th, 1786. "As your son's correspondence with the committee of New York is not connected with any transactions of mine, so, consequently, it is not necessary that the papers to which you allude, should compose part of my public docu- ments ; but if they stand single, as they exhibit a trait of his public character, and like all the rest of his transactions will, I am persuaded, do honor to his understanding and probity, it may be desirable, in this point of view, to keep them alive by mixing them with mine, which undoubtedly will claim the attention of the historian ; who, if I am not mistaken, will upon an inspection of them, discover the illib- eral ground on which the charge mentioned, in the extract of the letter you did me the honor to inclose me, is founded. That a calumny of this kind had been reported, I knew. I had laid my account for the calumnies of anonymous scrib- blers, but 1 never had conceived before that such a one as is related, could have originated with, or met the countenance of Captain Asgill, whose situation often filled me with the keenest anguish. I felt for him on many accounts, and not the least, when viewing him as a man of honor and senti- ment. I considered how unfortunate it was for him, that a wretch who possessed neither, should be the means of caus- ing in him a single pang or disagreeable sensation. My favourable opinion of him, however, is forfeited, if being ac- quainted with these reports, he did not immediately contra- 11 LETTERS, &C. diet them. That I could not have given countenance to the insults, which he says were offered to his person, especially the groveling one of erecting a gibbet before his prison win- dow, will, I expect, readily be believed, when I explicitly declare that I never heard of a single attempt to offer an in- sult, and that I had every reason to be convinced that he was treated by the officers around him with all the tender- aess, and every civility in their power. I would fain ask Captain Asgill, how he could reconcile such a beb'ef (if his mind had been seriously impressed with it,) to the continu- al indulgences and procrastinations he experienced ? He will not, I presume, deny, that he was admitted to his parole within ten or twelve miles of the British lines; if not to a formal parole, to a confidence yet more unlimited, by being permitted, for the benefit of his health and the recreation of his mind, to ride, not only about the cantonment, but into the surrounding country for several miles, with his friend and companion, Major Gordon, constantly attending him. Would not these indulgences have pointed a military char- acter to the fountain from which they flowed? Did he con- ceive that discipline was so lax in the American Army, as that any officer in it would have granted those liberties to a person confined by the express order of the Commander-in- Chief, unless authorized to do so by the same authority, and to ascribe them to the interference of Count Eochambeau is as void of foundation, as his other conjectures, for I do not recoiled that a sentence ever passed between that General and myself, directly or indirectly, upon the subject. I was not without suspicions, after the final liberation and return of Capt. Asgill to New York, that his mind had been LETTERS, AC. 15 improperly impressed, or that he was deficient in polite- ness. The treatment he had met with, in my conception, merited an acknowledgment. None, however, was offered, and I never sought the cause. This concise account of the treatment of Capt. Asgill, is given from a hasty recollection of the circumstances. If I had time, and it was essential, by unpacking my papers and recurring to authentic files, I might have been more pointed and full. It is in my power, at any time, to convince the un- biased mind, that my conduct, through the whole of this transaction, was neither influenced by passion, guided by inhumanity, or under the control of any interference what- ever. I essayed everything to save the innocent, bring the guilty to punishment, and stop the further perpetration of similar crimes ; with what success, the impartial world must and certainly will decide. With very great esteem and regard, I have the honor to be, Dear Sir, Your most obedient servant, GEO. WASHINGTON. No. IV. COPIES OF ORIGINAL LETTERS AND ORDERS, TO AMERICAN OFFICERS AND OTHERS, RESPECTING CAPT. ASGILL:— EXTRACTED FROM GENERAL WASHINGTON'S PAPERS, AFTER THE PRECEEDING LETTERS WERE WRITTEN. To Brigadier-Gen. Hozev, Lancaster; Headquarters, 3d May, 1782. Sir: The enemy, persisting in that barbarous line of conduct 16 LETTERS, &C. they have pursued during the course of this war, have Lately most inhumanely executed Capt. Joshua Huddy, of the Jersey Suite troops, taken prisoner by them at a post on Tom's River; and in consequence, I have written to the British Commander-in-Chief,* that unless the perpetrators of that h.urid deed were delivered up, I should be under the disagreeable necessity of retaliating, as the only means left to i at a stop to such inhuman proceedings. Vmi will, therefore, immediately on the receipt of this, designate by lot, for the above purpose, a British Captain, who is an unconditional prisoner, if such an one is in your in, if nor, a Lieutenant under the same circumstan- ces, from among the prisoners at any of the posts, either in Pennsylvania or Maryland. So soon as you have fixed on the person, you will send him, under a safe guard, to Philadelphia, where the minister of war will order a pro] er guard to receive and conduct him to the place of his desti- nation. For your information respecting the officers who are pris- oners in our possession. I have ordered the Commissary of Prisoners to furnish you with a list of them. It will be for- warded with this. I need not mention to you, that every p issilile tenderness, that is consistent with the security of him. should he shown to the person whose unfortunate lot it may hi' to Buffer. I am, &c., GEO. WASHINGTON. * Sir Henry Clinton. LETTERS, &C. 17 To Col. fflias Dayton, 2d. New Jersey, Chatham: Headquarters, 4th June, 1782. Sir: I am informed by the Secretary of War, that Capt. Asgill, of the British Guards, an unfortunate officer, who is destined to be the unhappy victim to atone for the death of Capt. Huddy, had arrived in Philadelphia, and would set off very soon for the Jersey line, the place assigned for his execution. He will probably arrive as soon as this will reach you, and will be attended by Captain Ludlow, his friend, whom he wishes to be permitted to go to New York, with an address to Sir Guy Carleton, in his behalf You will, therefore, give permission to Captain Ludlow to go by the way of Dobb's Ferry, into New York, with such representation as Captain Asgill shall please to make to Sir Guy Carleton. At the same time, I would wish you to intimate to the gentlemen, that though I am deeply affected with the un- happy fate to which Captain Asgill is subjected, yet that it will be to no purpose for them to make any representation to Sir Guy Carleton, which may serve to draw on a discus- sion of the present point of retaliation ; that in the stage to which the matter has been suffered to run, all argumentation on the subject is entirely precluded on my part; that my resolutions have been founded on so mature deliberation, that they must remain unalterably fixed. You may also inform the gentlemen, that while my duty calls me to make this decisive determination, humanity dictates a tear for the unfortunate offering, and inclines me to say that I most de- voutedly wish his life may be spared This happy event Jg LETTERS, AC. may be attained, but it must be effected by the British Com- mander-in-Cbief. He knows the alternative which will ac- complish it, and he knows that this alternative only, can avert the dire calamity from the innocent, and that in this way alone, the manes of the murdered Captain Huddy will be best appeased. In the meantime, while this is doing, I must beg that you will be pleased to treat Captain Asgill with every tender attention and politeness, (consistent with his present situa- tion,) which his rank, fortune and connections, together with his unfortunate state, demands. I am, &c, GEO. WASHINGTON. EXTRACT FROM A LETTER TO COL. ELIAS DAYTON, 2d NEW JERSEY, CHATHAM. Headquarters, June 11th, 1782. Sir: You will inform me as early as possible, what is the pres- ent situation of Captain Asgill, the prisoner destined for retaliation, and what prospect he has of relief from his ap- plication to Sir Guy Carleton, which I have been informed he has made, through his friend, Captain Ludlow. I have beard nothing yet from New York, in consequence of his application. His fate will be suspended, until I can be in- formed of the decision of Sir Guy, but I am impatient, lest this should be unreasonably delayed. The enemy ought to LETTERS, &C. 19 have learnt, before this, that my resolutions are not to be trifled with. I am, &c, GEO. WASHINGTON. P. S. I am informed that Captain Asgill is at Chatham, without guard, and under no restraint. This, if true, is cer- tainly wrong. I wish to have the young gentleman treated with all the tenderness possible, consistent with his present situation. But, until his fate is determined, he must be con- sidered as a close prisoner, and be kept in the greatest secu- rity. I request, therefore, that he may be sent immediately to the Jersey line, where he is to be kept a close prisoner, in perfect security, till further orders. To Col. Dayton, Id. New Jersey, Chatham : Headquarters, 22d June, 1782. Sir: I have received your two letters, of the 17th and 18th, inst. The only object I had in view in ordering Captain Asgill to be confined to the huts, was the perfect security of the prisoner. This must be attended to. But I nm very willing, and indeed wish, every indulgence to be grafted him, that is not inconsistent with that When I ordered on an officer for the purpose of retalia- tion, I mentioned my willingness that he should make any application he thought proper to the British Commander-in- Chief, in whose power alone it lay to avert his destiny, but I, at the same time desired it to be announced that I should 20 LETTERS, AC. receive do application, nor answer any letter on the subject, which did not inform that satisfaction was made for the death of Captain Huddy. I imagine yon was not informed of this eircamstance, or you would have prevented Major Gordon's application on the subject. I am. &c, GEO. WASHINGTON. POSTSCRIPT OF A LETTER TO COL. DAYTON, 2d. NEW JERSEY, MOBRISTOWN, DATED HEADQUARTERS, NEWBURGH, AUG. 25, 17VJ. "P. S. You will have ( 'aptain Asgill on parole at Mor- ristown, until further orders." No. V. COPY OF A LETfER PROM CAPTAIN ASGILL, ADDRESSED TO HIS EXCELLENCY, GENERAL WASHINGTON, COMMANDER IX CHIEF. Col. Dayton's Quarters, Chatham, May 17th. 17S2. On the 30th day of last month, 1 had the honor of address- ing your Excellency in writing, stating the manner of my confinement, and the circumstances that induced me to claim your protection. Being ignorant of the fate of my letter, it would be very satisfactory to me, if your Excellency would lie pleased to inform me if it lias been received. In conse- quence of your orders, Col. Dayton was desirous of removing me to camp, but being ill with a fever, I prevailed on him LETTERS, &C. 21 to let me remain at his quarters close confined, which indul- gence I hope will not be disapproved of. I cannot conclude this letter without expressing my grat- itude to your Excellency for ordering Col. Dayton to favour me as much as my situation would admit of, and in justice to him, I must acknowledge the feeling and attentive man- ner in which those commands were executed. I have the honor to be With great respect, Your Excellency's, Most obedient servant, CHARLES ASGILL, Lieut, and Capt. 1st Regt. Foot Guards. No. VI. COPY OF A LETTER ADDRESSED BY GENERAL WASHINGTON, TO CAPT. LUDLOW, 1st BATTALION, BRITISH GUARDS, NEW YORK. Headquarters, August 5, 1782. Sir: Persuaded that your desire to visit Capt. Asgill, at Chat- ham, is founded on motives of friendship and humanity only, I inclose you a passport for the gratification of it. The inclosed letters for that gentlemen, came to me from New York, in the condition you will receive them ; you will have an opportunity of presenting them with yourself. Your own letter came under cover to me, via Ostend. I have the honor to be, Sir, your most obedient servant, GEO. WASHINGTON. 22 LETTERS, &C. PASSPORT. Captain Ludlow, of the British G.uards, has my permis- sion, (with his servant,) to pass the American post at Dobb's Ferrv, and proceed to Chatham. He has liberty also to re- turn to New York the same way. Given at Headquarters, the 5th of August, 1782. GEO. WASHINGTON. No. VII. COPY OF A LETTER ADDRESSED BY GENERAL WASHINGTON TO CAFF. CHARLES ASGILL, 1st BATTALLION BRITISH GUARDS, PRISONER, CHATHAM. Headquarters, 7th October, 1782. 8 i r : I have to acknowledge your favour of the 27th of Sep- tember. The circumstances which produced, in the first instance, your unfortunate situation, having in some measure changed their ground, the whole matter has been laid before Congress for their directions. I am now waiting their decision. I * / s * • , C\ ~ 4 » 1 • * % V *^ LIBRARY OF CONGRESS °011 802 024 8