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Hessians especially, during his march through the Jerseys, which, with his losses by killed, wounded and captured, had diminished his army more than two thousand men. The storms of the preceding winter had cut off the peninsula of Sandy Hook from the main land, and formed a deep channel between them. Fortunately the squadron of Lord Howe had arrived the day before, and was at anchor within the Hook. A bridge was immediately made across the channel with the boats of the ships, over which the army passed to the Hook on the 5th of July, and thence was distributed.

It was now encamped in three divisions on Staten Island, Long Island, and the island of New York: apparently without any immediate design of offensive operations. There was a vigorous press in New York to man the large ships and fit them for sea, but this was in consequence of a report that a French fleet had arrived on the coast.

Relieved by this intelligence from all apprehensions of an expedition by the enemy up the Hudson, Washington relaxed the speed of his movements, and halted for a few days at Paramus, sparing his troops as much as possible during the extreme summer heats.

CHAPTER XV.

CORRESPONDENCE BETWEEN LEE AND WASHINGTON RELATIVE TO THE AFFAIR OF MONMOUTH -LEE ASKS A TRIAL BY COURTMARTIAL-THE VERDICT — - LEE'S SUBSEQUENT HISTORY.

HAVING brought the army to a halt, we have time to notice a correspondence between General Lee and Washington immediately subsequent to the affair of Monmouth. The pride of the general had been deeply wounded by the rebuke he had received on the field of battle. On the following day (June 29) he addressed a note to Washington on the subject. By mistake it was dated July 1. "From the knowledge I have of your Excellency's character," writes he, "I must conclude that nothing but the misinformation of some very stupid, or misrepresentation of some very wicked person, could have occasioned your making use of so very singular expressions as you did on my coming up to the ground where you had taken post. They implied that I was guilty either of disobedience of orders, want of conduct, or want of courage. Your Excel

lency will therefore infinitely oblige me by letting me know on which of these three articles you ground your charge. I ever had, and hope ever shall have, the greatest respect and veneration for General Washington. I think him endowed with many great and good qualities; but in this instance, I must pronounce that he has been guilty of an act of cruel injustice towards a man, who certainly has some pretensions to the regard of every servant of this country. And I think, sir, I have a right to demand some reparation for the injury committed; and, unless I can obtain it, I must in justice to myself, when this campaign is closed, which I believe will close the war, retire from the service at the head of which is placed a man capable of offering such injuries. But at the same time, in justice to you, I must repeat that I from my soul believe that it is not a motion of your own breast, but instigated by some of those dirty earwigs, who will forever insinuate themselves near persons high in office: for I really am convinced that when General Washington acts from himself, no man in his army will have reason to complain of injustice or indecorum."

The following was Washington's reply:

"Sir, I received your letter (dated through mistake the 1st of July), expressed as I conceive in terms highly improper. I am not conscious of making use of any very singular expressions at the time of meeting you, as you intimate. What I recollect to have said was dictated by duty and warranted by the occasion. As soon as circumstances will permit, you shall have an opportunity of justifying yourself to the army, to Congress, to America, and to the world in general; or of convincing them that you were guilty of a breach of orders, and of misbehavior before the enemy on the 28th instant, in not attacking them as you had been directed, and in making an unnecessary, disorderly, and shameful retreat. I am," etc., etc.

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To this Lee rejoined, in a note, misdated 28th June. 'Sir, you cannot afford me greater pleasure than in giving me the opportunity of showing to America the sufficiency of her respective servants. I trust that temporary power of office, and the tinsel dignity attending it, will not be able, by all the mists they can raise, to offuscate the bright rays of truth. In the mean time, your Excellency can have no objection to my retir ing from the army," etc.

Shortly after despatching this note, Lee addressed another. to Washington. "I have reflected on both your situation and mine," writes he, "and beg leave to observe, that it will be for our mutual convenience that a court of inquiry should be immediately ordered; but I could wish that it might be a court-martial; for, if the affair is drawn into length, it may be difficult to collect the necessary evidences, and perhaps might bring on a paper war betwixt the adherents to both parties, which may occasion some disagreeable feuds on the continent; for all are not my friends, nor all your admirers. I must entreat, therefore, from your love of justice, that you will immediately exhibit your charge, and that on the first halt I may be brought to a trial."

Washington in reply acknowledged the receipt of the two last notes, and added, "I have sent Colonel Scammel and the adjutant-general, to put you under arrest, who will deliver you a copy of the charges on which you will be tried."

The following were the charges.

1st. Disobedience of orders, in not attacking the enemy on the 28th June, agreeably to repeated instructions.

2d. Misbehavior before the enemy on the same day, by making an unnecessary, disorderly, and shameful retreat.

3d. Disrespect to the commander-in-chief in two letters, dated the 1st of July, and the 28th of June.

A court-martial was accordingly formed on the 4th of July, at Brunswick, the first halting place. It was composed of one major-general, four brigadiers, and eight colonels, with Lord Stirling as president. It moved with the army, and convened subsequently at Paramus, Peekskill, and Northcastle, the trial lasting until the 12th of August. From the time it commenced, Washington never mentioned Lee's name when he could avoid it, and when he could not, he mentioned it without the smallest degree of acrimony or disrespect.

Lee, on the contrary, indulged his natural irritability of temper and sharpness of tongue. When put on his guard against any intemperate railings against Washington, as calculated to injure his cause, he spurned at the advice. "No attack, it seems, can be made on General Washington but it must recoil on the assailant. I never entertained the most distant wish or intention of attacking General Washington. I have ever honored and respected him as a man and a citizen; but if the circle which surrounds him chooses to erect him into an infallible divinity, I shall certainly prove a heretic; and if, great as he is, he can attempt wounding every thing I ought to hold dear, he

must thank his priests if his deityship gets scratched in the scuffle." 1

In the repeated sessions of the court-martial and the long examinations which took place, many of the unfavorable impressions first received, concerning the conduct and motives of Lee, were softened. Some of the officers in his detachment, who had made accusations against him to the commander-inchief previous to the trial, especially Generals Wayne and Scott, were found not to have understood all the circumstances of the case in which he was placed in his encounter with the rear division of Sir Henry Clinton, and that that division had been largely re-enforced by troops from General Knyphausen.

Lee defended himself with ability. He contended that after the troops had commenced to fall back, in consequence of a retrograde movement of General Scott, he had intended to form them on the first advantageous ground he could find, and that none such presented itself until he reached the place where he met General Washington; on which very place he had intended to make battle.

He denied that in the whole course of the day he had uttered the word retreat. "But this retreat," said he, "though necessary, was brought about contrary to my orders, contrary to my intention; and, if any thing can deduct from my credit, it is, that I did not order a retreat which was so necessary.'

2

Judge Marshall observes of the variety of reasons given by Lee in justification of his retreat, "if they do not absolutely establish its propriety, they give it so questionable a form, as to render it probable that a public examination never would have taken place, could his proud spirit have stooped to offer explanation instead of outrage to the commander-in-chief."

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The result of the prolonged and tedious investigation was, that he was found guilty of all the charges exhibited against him; the second charge, however, was softened by omitting the word shameful, and convicting him of making an unnecessary, and in some instances a disorderly retreat.” He was sentenced to be suspended from all command for one year: the sentence to be approved or set aside by Congress.

We must again anticipate dates, to dispose briefly of the career of General Lee, who is not connected with subsequent events of the Revolution. Congress were more than three months in coming to a decision on the proceedings of the courtmartial. As the House always sat with closed doors, the

1 Letter to Joseph Reed. Sparks, Biog. of Lee, p. 174.
Letter to Dr. Rush. Sparks, Biog. of Lee.

debates on the subject are unknown, but are said to have been warm. Lee urged for speedy action, and regretted that the people at large could not be admitted to form an audience, when the discussion was entered into of the justice or iniquity, wisdom or absurdity of the sentence that had been passed upon him. At length, on the 5th of December, the sentence. was approved in a very thin session of Congress, fifteen members voting in the affirmative and seven in the negative.

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From that time Lee was unmeasured in his abuse of Washington, and his reprobation of the court-martial, which he termed a court of inquisition." He published a long article in the newspapers relative to the trial and to the affair at Monmouth, calculated to injure Washington. "I have neither the leisure nor inclination," observes the latter, "to enter the lists with him in a newspaper; and so far as his production points to personality, I can and do from my inmost soul despise it.

It became a part of General Lee's plan, from the moment of his arrest, though it was an event solicited by himself, to have the world believe that he was a persecuted man, and party was at the bottom of it. But however convenient it may have been for his purposes to establish this belief, I defy him, or his most zealous partisans, to adduce a single instance in proof of it, unless bringing him to trial, at his own request, be considered in this light. I can do more; I will defy any person, out of my own family, to say, that I have ever mentioned his name, if it was to be avoided; and when not, that I have not studiously declined expressing any sentiment of him or his behavior. How far this conduct accords with his, let his own breast decide. . . . As I never entertained any jealousy of him, so neither did I ever do more than common civility and proper respect to his rank required, to conciliate his good opinion. His temper and plans were too versatile and violent to attract my admiration; and, that I have escaped the venom of his tongue and pen so long, is more to be wondered at than applauded; as it is a favor of which no oflicer, under whose immediate command he ever served, has had the happiness, if happiness can be thus denominated, of boasting."

...

1

Lee's aggressive tongue at length involved him in a quarrel with Colonel Laurens, one of Washington's aides, a high-spirited young gentleman, who felt himself bound to vindicate the honor of his chief. A duel took place, and Lee was wounded in the side.

1 Washington to Reed. Sparks, vol. vi. 133.

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