ed also, that Captain Ludlow, Asgill's friend, should be permitted to go into New York with such representations as they may please to make to Sir Guy Carleton, who has now succeeded Sir Henry Clinton as commander in chief of the British army. Captain Asgill in addressing General Washington, thus expresses himself, "I cannot conclude this letter without expressing my gratitude to your Excellency for ordering Colonel Dayton to favour me as much as my situation will admit of, and in justice to him I must acknowledge the feeling and attentive manner in which these commands have been executed." How awful is the condition of this innocent young gentleman, doomed to suffer an ignominious. death for the crime of an infamous miscreant who so justly deserves the halter! Dreadful indeed must be that suspense when one's life is made to poise on a point so acute and delicate that an uncertain contingency shall decide the issue. General Washington having received information by letter, that a court martial was appointed by Sir Henry Clinton, even before he received the letter of complaint, for the trial of Captain Lippincot and his abetters in the death of Captain Huddy, waited to be apprized of the issue, as Sir Guy Carleton had assured him of the fullest satisfaction. At length, however, the proceedings of the court martial were communicated, and it was finished by the following declaration. "The court having considered the evidence for and against the captain, and it appearing, that, though Joshua Huddy was executed without proper authority, what the prisoner did, was not the effect of malice or ill will, but proceeded from a conviction that it was his duty to obey the orders of the board of directors of associated loyalists, and his not doubting their having full authority to give such orders, the court is of opinion that he is not guilty of the murder laid to his charge, and therefore acquit him." Never perhaps was there a more complete burlesque on all courts of justice! never a more disgraceful proceeding to exculpate a criminal from merited punishment. It appeared in the course of the trial, that Governor Franklin, president of the board of associated loyalists, gave Lippincot a verbal order to hang Captain Huddy without a trial, and without a crime alleged against him! The order is obeyed in the most unfeeling manner, yet the perpetrator is found not guilty, and therefore acquitted. Sir Guy Carleton requested of General Washington a passport for chief justice Smith to repair to the American head quarters in order to lay before the Com

mander in Chief the proceedings of the court martial, with other documents and explanations which he had no doubt would be satisfactory. His Excellency declined an interview with Mr. Smith, "as the question is purely of a military nature and reducible to the single point whether the perpetrator of the wanton and cruel murder of Huddy is to be given up, or a British officer to suffer in his place." But he proposed to send Major General Heath to meet a British officer of equal rank if agreeable to the English commander. This was also declined, and it appears that both Sir Henry Clinton and Sir Guy Carleton, disapproved of the acquittal of Lippincot. Sir Guy, in a letter which accompanied the proceedings of the court, expressed in unequivocal terms to General Washington, that not with standing the acquittal be reprobated the act, and gave assurances of prosecuting a further inquiry. Thus stands at present this very unfortunate affair, and Captain Asgill remains in custody to await the final issue.

In order to avoid breaking the chain of this interesting narrative, I proceed in anticipation in point of time, to the final conclusion of the melancholy catastrophe. General Washington on the 19th of August, made a representation to Congress respecting the whole business, for their consider ation, and soon after directed that Captain Asgill be put on his parole at Morristown, till further orders; and he was allowed the indulgence of riding for his health and recreation, several miles into the country in any direction, even within a few miles of the British lines, accompanied by his friend Major Gordon.

On the 7th of October, General Washington, in a letter to the secretary of war, expressed his private opinion, that Captain Asgill ought to be liberated from his duresse, and be permitted to return to his friends in England. Sufficient time had now elapsed since the arrest of Captain Asgill, for the distressing intelligence to reach his parents, and to interest the attention and solicitude of almost all Europe. The father of young Asgill was languishing with mortal sickness. Lady Asgill in the agony of her soul, with her family in the deepest distress and sorrow, prostrated themselves at the feet of their king and queen, to implore their compassion and assistance. She next had recourse to the beneficence of the illustrious sovereigns of France, through the medium of the celebrated Count de Vergennes, though the two nations were at war. Her incomparably pathetic and eloquent letter could not fail of producing the desired effect-it reach

ed the hearts, and interested the sympathies of those exalted philanthropists to whom it was addressed. A letter was immediately despatched from Count de Vergennes to General Washington, dated July 27th, and this was accompanied by that which the count had received from Lady Asgill. "Your Excellency," says the count," will not read this letter, Lady Asgill's, without being extremely affected. It thus affected the king and queen to whom I communicated it. The goodness of their majesties' hearts induces them to desire that the inquietudes of an unfortunate mother may be calmed and her tenderness reassured.-There is one consideration, Sir, which though not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the king contributed to put into your hands at Yorktown.-Though this circumstance does not operate as a safe guard, it, however, justifies the interest I permit myself to take in this affair.-In seeking to deliver Mr. Asgill from the fate which threatens him, I am far from engaging you to seek another victim; the pardon to be perfectly satisfactorily, must be entire.' Copies of these letters being transmitted with one from his Excellency to Congress, they resolved November 7th, that the Commander in Chief be directed to set Captain Asgill at liberty. A more grateful duty could scarcely be assigned; it relieved his mind from a weight which had long oppressed and preyed on his spirits. He immediately transmitted to Captain Asgill a copy of the resolve of Congress, accompanied with a passport for him to go into New York, and also a letter which closes as follows. "I cannot take leave of you, Sir, without assuring you, that in whatever light my agency in this unpleasant affair may be viewed, I was never influenced through the whole of it, by sanguinary motives, but by what I conceive to be a sense of my duty, which loudly called on me to take measures, however disagreeable, to prevent a repetition of those enormities which have been the subject of discussion. And that this important end is likely to be answered without the effusion of the blood of an innocent person is not a greater relief to you than it is, Sir, to your most obedient humble servant,

GEORGE WASHINGTON.*

*From the "Historical and Literary Memoirs and Anecdotes, selected from the correspondence of Baron de Grimm and Diderot."

"You can well remember the general interest Sir - Asgill inspired, a young officer in the English guards, who was made prisoner and condemned to death by

Letter from Lady Asgill, to the Comte de Vergennes.

"SIR,-If the politeness of the French court will permit a stranger to address it, it cannot be doubted but that she who unites in herself all the more delicate sensations with which an individual can be penetrated, will be received favorably by a nobleman, who reflects honor not only on his nation, but on human nature. The subject on which I implore your assistance, is too heart rending to be dwelt on; most probably, the public report of it has already reached you; this relieves me from the burthen of so mournful a duty. My son, my only son, dear to me as he is brave, amiable as he is beloved,

the Americans in reprisal for the death of Captain Huddy, who was hanged by the order of Captain Lippincot. The public prints all over Europe, resounded with the unhappy catastrophe, which for eight months impended over the life of this young officer. The extreme grief of his mother, the sort of delirium which clouded the mind of his sister at hearing of the dreadful fate which menaced the life of her brother, interested every feeling mind in the fate of this unfortunate family. The general curiosity, with regard to the events of the war, yielded, if I may so say, to the interest which young Asgill inspired, and the first question asked of all vessels that arrived from any port in North America, was always an inquiry into the fate of this young man. It is known that Asgill was thrice conducted to the foot of the gibbet, and that thrice General Washington, who could not bring himself to commit this crime of policy without a great struggle, suspended his punishment; his humanity and justice made him hope that the English general would deliver over to him the author of the crime which Asgill was condemned to expiate. Clinton, either ill obeyed, or insensible to the fate of young Asgill, persisted in refusing to deliver up the barbarous Lippincot. In vain the king of England, at whose feet this unfortunate family fell down, had given orders to surrender up to the Ameri cans the author of a crime which dishonoured the English nation; George III. was not obeyed. In vain the United States of Holland entreated of the United States of America, the pardon of the unhappy Asgill; the gibbet erected in front of his prison did not cease to offer to his eyes those dreadful preparatives more awful than death itself. In these circumstances, and almost reduced to despair, the mother of the unfortunate victim bethought herself, that the minister of a king armed against her own nation, might succeed in obtaining that, which was refused to her king. Lady Asgill wrote to the Count de Vergennes, a letter, the eloquence of which, independently of oratorical forms, is that of all people and all languages, because it derives its power from the first and noblest sentiments of our nature."

REMARKS.-The Baron de Grimm has unfortunately been led to make an erroneous statement respecting the treatment of Captain Asgill, which ought in justice to be corrected. It is difficult to account for his assertion that, "It is known that Asgill was thrice conducted to the foot of the gibbet and thrice General Washing. ton, who could not bring himself to commit this crime of policy without a great struggle, suspended his punishment ;" and again, "the gibbet erected in front of his prison, did not cease to offer to his eyes those dreadful preparatives more awful than death itself." I can with the fullest confidence affirm that a gibbet never was erected for Captain Asgill at any period of his confinement, and that no preparations whatever were made for his execution, except a secure confinement for a short period, during which the utmost tenderness and polite civilities were bestowed on him, and for these he expressed his grateful acknowledgments in his letter to General Washington. It would be preposterous to suppose that the Commander in Chief could act a farcical part by exhibiting the machines of death, when it was altogether problematical whether an execution would be the final resort, and surely nothing could be less characteristic of Washington, than wantonly to torture the feelings of a prisoner with the horrors of death."

only nineteen years of age, a prisoner of war, in consequence of the capitulation of Yorktown, is at present confined in America as an object of reprisal.-Shall the innocent share the fate of the guilty? Figure to yourself, Sir, the situation of a family in these circumstances. Surrounded as I am with objects of distress, bowed down by fear and grief, words are wanting to express what I feel, and to paint such a scene of misery; my husband, given over by his physicians some hours before the arrival of this news, not in a condition to be informed of it; my daughter attacked by a fever, accompanied with delirium ; speaking of her brother in tones of wildness, and without an interval of reason, unless it be to listen to some circumstances which may console her heart. Let your sensibility, Sir, paint to you my profound, my inexpressible misery, and plead in my favor; a word, a word from you, like a voice from Heaven, would liberate us from desolation, from the last degree of misfortune. I know how far General Washington reveres your character. Tell him only that you wish my son restored to liberty, and he will restore him to his desponding family; he will restore him to happiness. The virtue and courage of my son will justify this act of clemency. His honor, Sir, led him to America; he was born to abundance, to independence, and to the happiest prospects. Permit me once more to entreat the interference of your high influence in favor of innocence, and in the cause of justice and humanity. Despatch, Sir, a letter from France to General Washington, and favor me with a copy of it, that it may be transmitted from hence. I feel the whole weight of the liberty taken in presenting this request; but I feel confident, whether granted or not, that you will pity the distress by which it was suggested; your humanity will drop a tear on my fault, and blot it out forever.

"May that Heaven which I implore, grant that you may never need the consolation which you have it in your power to. bestow on THERESA ASGILL."

Second letter of Lady Asgill to the Comte de Vergennes. "SIR,-Exhausted by long suffering, overpowered by an excess of unexpected happiness, confined to my bed by weakness and languor, bent to the earth by what I have undergone, my sensibility alone could supply me with strength sufficient to address you.

"Condescend, Sir, to accept this feeble effort of my gratitude. It has been laid at the feet of the Almighty; and believe me, it has been presented with the same sincerity to you,