CASE OF GENERAL LEE.

15

In this letter he likewise adverted to the treatment of American prisoners in New York; several who had recently been released, having given the most shocking account of the barbarities they had experienced, "which their miserable, emaciated. countenances confirmed."—"I would beg," added he, "that some certain rule of conduct towards. prisoners may be settled; and, if you are determined to make captivity as distressing as possible, let me know it, that we may be upon equal terms, for your conduct shall regulate mine "

Sir William, in reply, proposed to send an officer of rank to Washington, to confer upon a mode of exchange and subsistence of prisoners. "This expedient," observes he, "appearing to me effectual for settling all differences, will, I hope, be the means of preventing a repetition of the improper terms in which your letter is expressed and founded on the grossest misrepresentations. I shall not make any further comment upon it, than to assure you, that your threats of retaliating upon the innocent such punishment as may be decreed in the circumstances of Mr. Lee by the laws of his country, will not divert me from my duty in any respect; at the same time, you may rest satisfied that the proceedings against him will not be precipitated; and I trust that, in this, or in any other event in the course of my command, you will not have just cause to accuse me of inhumanity, prejudice, or passion."

Sir William, in truth, was greatly perplexed with respect to Lee, and had written to England to Lord George Germaine for instructions in the

case. "General Lee," writes he, "being considered in the light of a deserter, is kept a close prisoner; but I do not bring him to trial, as a doubt has arisen, whether, by a public resignation of his half-pay prior to his entry into the rebel army, he was amenable to the military law as a deserter."

The proposal of Sir William, that all disputed points relative to the exchange and subsistence of prisoners should be adjusted by referees, led to the appointment of two officers for the purpose; Colonel Walcott by General Howe, and Colonel Harrison, "the old secretary," by Washington. In the contemplated exchanges was that of one of the Hessian field-officers for Colonel Ethan Allen.

The haughty spirit of Lee had experienced a severe humiliation in the late catastrophe; his pungent and caustic humor is at an end. In a letter addressed shortly afterwards to Washington, and inclosing one to Congress which Lord and General Howe had permitted him to send, he writes, as the contents are of the last importance to me, and perhaps not less so to the community, I most earnestly entreat, my dear general, that you will dispatch it immediately, and order the Congress to be as expeditious as possible."

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The letter contained a request that two or three gentlemen might be sent immediately to New York, to whom he would communicate what he conceived to be of the greatest importance. "If my own interests were alone at stake," writes he, I flatter myself that the Congress would not

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LETTER FROM LEE.

17

hesitate a single instant in acquiescing in my request; but this is far from the case; the interests of the public are equally concerned. . . . . Lord and General Howe will grant a safe conduct to the gentlemen deputed."

The letter having been read in Congress, Washington was directed to inform General Lee that they were pursuing and would continue to pursue évery means in their power to provide for his personal safety, and to obtain his liberty; but that they considered it improper to send any of their body to communicate with him, and could not perceive how it would tend to his advantage or the interest of the public.

Lee repeated his request, but with no better He felt this refusal deeply; as a brief,

success.

sad note to Washington indicates.

"It is a most unfortunate circumstance for myself, and I think not less so for the public, that Congress have not thought proper to comply with my request. It could not possibly have been attended with any ill consequences, and might with 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."

How different from the humorous, satirical, selfconfident tone of his former letters. Yet Lee's

actual treatment was not so harsh as had been represented. He was in close confinement, it is true; but three rooms had been fitted up for his reception in the Old City Hall of New York, having nothing of the look of a prison excepting that they were secured by bolts and bars.

Congress, in the mean time, had resorted to their threatened measure of retaliation. On the 20th of February, they had resolved that the Board of War be directed immediately to order the five Hessian field-officers and Lieutenant-colonel Campbell into safe and close custody, "it being the unalterable resolution of Congress to retaliate on them the same punishment as may be inflicted on the person of General Lee."

The Colonel Campbell here mentioned had commanded one of General Fraser's battalions of Highlanders, and had been captured on board of a transport in Nantasket road, in the preceding summer. He was a member of Parliament, and a gentleman of fortune. Retaliation was carried to excess in regard to him, for he was thrown into the common jail at Concord in Massachusetts.

From his prison he made an appeal to Washington, which at once touched his quick sense of justice. He immediately wrote to the council of Massachusetts Bay, quoting the words of the resolution of Congress. "By this you will observe," adds he, "that exactly the same treatment is to be shown to Colonel Campbell and the Hessian officers, that General Howe shows to General Lee, and as he is only confined to a commodious house with genteel accomodations, we have no right or

RETALIATORY MEASURES.

19

reason to be more severe on Colonel Campbell, who I would wish should upon the receipt of this be removed from his present situation, and be put into a house where he may live comfortably."

In a letter to the President of Congress on the following day, he gives his moderating counsels on the whole subject of retaliation. “Though I sincerely commiserate," writes he, "the misfortunes of General Lee, and feel much for his present unhappy situation, yet with all possible deference to the opinion of Congress, I fear that these resolutions will not have the desired effect, are founded on impolicy, and will, if adhered to, produce consequences of an extensive and melancholy nature

"The balance of prisoners is greatly against us, and a general regard to the happiness of the whole should mark our conduct. Can we imagine that our enemies will not mete the same punishments, the same indignities, the same cruelties, to those belonging to us, in their possession, that we impose on theirs in our power? Why should we suppose them to possess more humanity than we have ourselves? Or why should an ineffectual attempt to relieve the distresses of one brave, unfortunate man, involve many more in the same calamities? Suppose," continues he, "the treatment prescribed for the Hessians should be pursued, will it not establish what the enemy have been aiming to effect by every artifice and the grossest misrepresentations, I mean an opinion of our enmity towards them, and of he cruel treatment they experience, when they