New York, as appears by the following citation from a paper or letter dated April 23d, and transmitted by Washington to Ogden:

"Great seem to be their apprehensions here. About a fortnight ago a number of flat-boats were discovered by a sentinel from the bank of the river (Hudson), which are said to have been intended to fire the suburbs, and in the height of the conflagration to make a descent on the lower part of the city, and wrest from our embraces his Excellency Sir Henry Clinton, Prince William Henry, and several other illustrious personages-since which great precautions have been taken for the security of those gentlemen, by augmenting the guards, and to render their persons as little exposed as possible."

These precautions very probably disconcerted the project of Colonel Ogden, of which we find no other traces.

In a recent letter to General Greene, Washington had expressed himself strongly on the subject of retaliation. "Of all laws it is the most difficult to execute, where you have not the transgressor himself in your possession. Humanity will ever interfere and plead strongly against the sacrifice of an innocent person for the guilt of another."

It was but three or four months after this writing that his judgment and feelings were put to the proof in this respect. We have had occasion to notice the marauds of the New York refugees in the Jerseys. One of their number

by the name of Philip White had been captured by the Jersey people, and killed in attempting to escape from those who were conducting him to Monmouth jail. His partisans in New York determined on a signal revenge.

Huddy, an ardent whig, who had been

Captain Joseph

captured when

bravely defending a block-house in Monmouth County, and

carried captive to New York, was now drawn forth from prison, conducted into the Jerseys by a party of refugees, headed by a Captain Lippencott, and hanged on the heights of Middletown with a label affixed to his breast, bearing the inscription, "Up goes Huddy for Philip White."

The neighboring country cried out for retaliation. Washington submitted the matter, with all the evidence furnished, to a board of general and field-officers. It was unanimously determined that the offender should be demanded for execution, and, if not given up, that retaliation should be exercised on a British prisoner of equal rank. Washington accordingly sent proofs to Sir Henry Clinton of what he stigmatized as a murder, and demanded that Captain Lippencott, or the officer who commanded the execution of Captain Huddy, should be given up; or if that officer should be inferior in rank, so many of the perpetrators as would, according to the tariff of exchange, be an equivalent. “To do this," said he, "will mark the justice of your Excellency's character. In failure of it, I shall hold myself justifiable, in the eyes of God and man, for the measure to which I will resort."

Sir Henry declined a compliance, but stated that he had ordered a strict inquiry into the circumstances of Captain Huddy's death, and would bring the perpetrators of it to immediate trial.

Washington about the same time received the copy of a resolution of Congress approving of his firm and judicious conduct, in his application to the British general at New York, and promising to support him "in his fixed purpose of exemplary retaliation."

He accordingly ordered a selection to be made by lot, for the above purpose, from among the British officers, prisoners

To enhance the painful

at Lancaster in Pennsylvania. nature of the case, the lot fell upon Captain Charles Asgill of the Guards, a youth only nineteen years of age, of an amiable character and high hopes and expectations, being only son and heir of Sir Charles Asgill, a wealthy baronet.

The youth bore his lot with firmness, but his fellow prisoners were incensed at Sir Henry Clinton for exposing him to such a fate by refusing to deliver up the culprit. One of their number, a son of the Earl of Ludlow, solicited permission from Washington to proceed to New York and lay the case before Sir Guy Carleton, who had succeeded in command to Sir Henry Clinton.

In granting it, Washington intimated that, though deeply affected by the unhappy fate to which Captain Asgill was subjected, and devoutly wishing that his life might be spared, there was but one alternative that could save him, of which the British commander must be aware.

Wash

The matter remained for some time in suspense. ington had ordered that Captain Asgill should be treated "with every tender attention and politeness (consistent with his present situation), which his rank, fortune, and connections, together with his unfortunate state, demanded," and the captain himself acknowledged in writing the feeling and attentive manner in which those commands were executed. But on the question of retaliation Washington remained firm.

Lippencott was at length tried by a court-martial, but, after a long sitting, acquitted, it appearing that he had acted under the verbal orders of Governor Franklin, president of the board of associated loyalists. The British commander reprobated the death of Captain Huddy, and broke up the board.

These circumstances changed in some degree the ground

upon which Washington was proceeding. He laid the whole matter before Congress, admitted Captain Asgill on parole at Morristown, and subsequently intimated to the secretary of war his private opinion in favor of his release, with permission to go to his friends in Europe.

In the meantime Lady Asgill, the mother of the youth, had written a pathetic letter to the Count de Vergennes, French minister of state, imploring his intercession in behalf of her son. The letter was shown to the king and queen, and by their direction the count wrote to Washington soliciting the liberation of Asgill. Washington, as has been shown, had already suggested his release, and was annoyed at the delay of Congress in the matter. He now referred to that body the communication from the count, and urged a favorable decision. To his great relief, he received their directions to set Captain Asgill at liberty.

This, like the case of the unfortunate Andre, was one of the painful and trying predicaments in which a strict sense of public duty obliged Washington to do violence to his natural impulses, and he declares in one of his letters that the situation of Captain Asgill often filled him with the keenest anguish. "I felt for him on many accounts; and not the least when, viewing him as a man of honor and sentiment, I considered how unfortunate it was for him that a wretch who possessed neither should be the means of causing him a single pang or a disagreeable sensation."

NOTE

While these pages are going through the press, we have before us an instance of that conscientious regard for justice which governed Washington's conduct.

A favorite aid-de-camp, Colonel Samuel B. Webb, who had been wounded in the battles of Bunker's Hill and White Plains, was captured in December, 1777, when commanding a Connecticut regiment, and accompanying General Parsons in a descent upon Long Island. He was then but twentyfour years of age, and the youngest colonel in the army. Presuming upon the favor of General Washington, who had pronounced him one of the most accomplished gentlemen in the service, he wrote to him, reporting his capture, and begging most strenuously for an immediate exchange. He received a prompt, but disappointing reply. Washington lamented his unfortunate condition. "It would give me

pleasure," said he, “to render you any services in my power, but it is impossible for me to comply with your request, without violating the principles of justice, and incurring a charge of partiality."

In fact, several officers of Colonel Webb's rank had been a long time in durance, and it was a rule with Washington that those first captured should be first released. To this rule he inflexibly adhered, however his feelings might plead for its infringement. Colonel Webb, in consequence, was not exchanged until the present year; when Washington, still on principles of justice, gave him the brevet rank of brigadier-general and the command of the light-infantry.

CHAPTER THIRTY

Washington continues his Precautions-Sir Guy Carleton brings Pacific News-Discontents of the Army-Extraordinary Letter from Colonel Nicola-Indignant Reply of Washington--Joint Letter of Sir Guy Carleton and Admiral Digby-Junction of the Allied Armies on the Hudson-Contemplated Reduction of the Army

IN disposing of the case of Captain Asgill, we have anticipated dates, and must revert to the time when Washington again established his headquarters at Newburg on the Hud