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, self-confident 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 meantime, 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

RETALIATORY MEASURES.

43

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 accommodations, we have no right or 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 the cruel treatment they experience, when they fall into our hands, a prejudice which we on our part have heretofore thought it politic to suppress, and to root out by every act of lenity and of kindness?"

"Many more objections," added he, "might be subjoined, were they material. I shall only observe, that the present state of the army, if it deserves that name, will not authorize the language of retaliation, or the style of menace. This will be conceded by all who know that the whole of our force is weak and trifling, and composed of militia (very few regular troops excepted) whose service is on the eve of expiring."

In a letter to Mr. Robert Morris also, he writes: "I wish, with all my heart, that Congress had gratified General Lee in his request. If not too late I wish they would do it still. I can see no possible evil that can re

CONGRESS'S VINDICTIVE POLICY.

45

sult from it; some good, I think, might. The request to see a gentleman or two came from the general, not from the commissioners; there could have been no harm, therefore, in hearing what he had to say on any subject, especially as he had declared that his own personal interest was deeply concerned. The resolve to put in close confinement Lieutenant-colonel Campbell and the Hessian field-officers, in order to retaliate upon them General Lee's punishment, is, in my opinion, injurious in every point of view, and must have been entered into without due attention to the consequences. If the resolve of Congress respecting General Lee strikes you in the same point of view it has done me, I could wish you would signify as much to that body, as I really think it fraught with every evil."

Washington was not always successful in instilling his wise moderation into public councils. Congress adhered to their vindictive policy, merely directing that no other hardships should be inflicted on the captive officers, than such confinement as was necessary to carry their resolve into effect. As to their refusal to grant the request of Lee, Robert Morris surmised they were fearful of the injurious effect that might be produced in the court of France, should it be reported that members of Congress visited General Lee, by permission of the British commissioners. There were other circumstances beside the treatment of General Lee, to produce this indignant sensibility on the part of Congress. Accounts were rife at

this juncture, of the cruelties and indignities almost invariably experienced by American prisoners at New York; and an active correspondence on the subject was going on between Washington and the British commanders, at the same time with that regarding General Lee.

The captive Americans who had been in the naval service were said to be confined, officers and men, in prisonships, which from their loathsome condition, and the horrors and sufferings of all kinds experienced on board of them, had acquired the appellation of floating hells. Those who had been in the land service, were crowded into jails and dungeons like the vilest malefactors; and were represented as pining in cold, in filth, in hunger and nakedness.

"Our poor devoted soldiers," writes an eye-witness, "were scantily supplied with provisions of bad quality, wretchedly clothed, and destitute of sufficient fuel, if indeed they had any. Disease was the inevitable consequence, and their prisons soon became hospitals. A fatal malady was generated, and the mortality, to every heart not steeled by the spirit of party, was truly deplorable.' According to popular account, the prisoners confined on shipboard, and on shore, were perishing by hundreds.

A statement made by Captain Gamble, recently confined on board of a prison-ship, had especially roused the ire of Congress, and by their directions had produced a

*Graydon's Memoirs, p. 232.