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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 irritabilty 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."*

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-in-chief previous to the trial, especially Generals Wayne and Scott, were found not to have understood all the circumstances of the case in which he


*Letter to Joseph Reed. Sparks. Biog. of Lee, p. 174.

was placed in his encounter with the rear division of Sir Henry Clinton, and that that division had been largely reinforced 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.*

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."

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.

*Letter to Dr. Rush. Sparks. Biog of Lee.




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 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.

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 VOL. III.-18


* * *

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 officer, under whose immediate command he ever served, has had the happiness, if happiness can be thus denominated, of boasting."

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.

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Towards spring he retired to his estate in Berkley County in Virginia, "to learn to hoe tobacco, which," observes he with a sarcastic innuendo at Washington, "is the best school to form a consummate General. This is a discovery I have lately made."

He led a kind of hermit life on his estate: dogs and horses were his favorite companions. His house is described as being a mere shell, destitute of comforts and conveniences. For want of partitions the different parts were designated by lines chalked on the floor. In one corner was his bed; in another were his books; his saddles and harness in a third; a fourth served as a kitchen.

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




( Sir," ," said he to a visitor, "it is the most convenient and economical establishment in the world. The lines of chalk which you see on the floor, mark the divisions of the apartments, and I can sit in any corner and overlook the whole without moving from my chair."

In this retirement he solaced his mortification and resentment by exercising his caustic pen in "Queries Political and Military," intended to disparage the merits and conduct of Washington, and which were published in a Maryland newspaper. His attempts, it is needless to say, were fallacious, and only recoiled on his own head.

The term of his suspension had expired, when a rumor reached him that Congress intended to take away his commission. He was in bodily pain at the time; his horses were at the door for an excursion of business; the intelligence "ruffled his temper beyond all bounds." In his hurry and heat, without attempting to ascertain the truth of the report, he scrawled the following note to the President of Congress: "Sir, I understand that it is in contemplation of Congress, on the principle of economy, to strike me out of their service. Congress must know very little of me, if they suppose that I would accept of their money, since the confirmation of the wicked and infamous sentence which was

passed upon me. I am, sir," &c.

This insolent note occasioned his prompt dismissal from the service. He did not complain of it; but in a subsequent and respectful letter to the president, explained the mistaken information which had produced his note, and the state of body and mind in which it was written. "But, sir," added he, "I must entreat, in the acknowledging of the impropriety and indecorum of my conduct in this affair, it may not be supposed that I mean

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