made prisoner of a certain Philip White, of their party, and after having maimed him, broke both his legs, and tauntingly bid him run. But this is a vile falsehood; it has been fully proved, that Captain Huddy was closely confined a prisoner at New York at the time and for many days before White was taken. A letter dated at Freehold, Monmouth county, 15th April last, and published in the Trenton paper, relates that White was taken the last of March, and after tokens of surrendering as a prisoner, he took up a musket and killed a son of Colonel Hendrickson; but being taken by some light horse, and while they were conducting him to Freehold, he again attempted to make his escape, and being called on several times to surrender and continuing to run, when leaping into a bog impassable by the horse, he received a stroke on his head with a sword which killed him instantly. The above facts were proved by affidavits of the persons who were present, and by the voluntary testimony of one Aaron, who was taken prisoner with the said White. The wanton execution of Captain Huddy so exasperated the inhabitants of that part of New Jersey, that they presented a respectful memorial to General Washington, claiming justice for the murder of one of their fellow citizens, or retaliation in case justice should be refused. General Washington, immediately addressed Sir Henry Clinton on the subject, and assured him, that unless the perpetrators of the murder were delivered up, he should be under the painful necessity of retali ating. In the mean time all the general officers, and those commanding brigades or regiments, were ordered to assemble at General Heath's quarters, to deliberate and decide on the following questions: 1st. Shall resort be had to retaliation for the murder of Captain Huddy? 2d. On whom shall it be inflicted? 3d. How shall the victim be designated? In order that each officer should be free from all bias and uninfluenced by each other, General Washing

ton ordered that, without conversing on the questions, each one should write his own opinion and address the same sealed up to the Commander in Chief. By this method his Excellency obtained the spontaneous expression of the feelings of each individual officer, and they were unanimously of opinion that retaliation ought to be resorted to; that it should be inflicted on an officer of equal rank with Captain Huddy, and that the victim be designated by lot. Accordingly the painful alternative was adopted, the names of the British captains, our prisoners, were collected, a fair and impartial lot was drawn, and it fell on Captain Asgill, of the British guards, a gentleman of a noble English family, an only son of his parents, and only nineteen years of age, to be the unhappy victim. Next to the execution of Major Andre, this event occasioned the most painful sensations to the mind of the benevolent and humane Washington; his anxiety and poignant distress it is said were very visible. But still firm and inflexible in his determination to obtain satisfaction, or pursue a course that will tend to deter others from a repetition of crimes so derogatory to the laws of humanity, of war, and of justice. He addressed Congress on the subject, and communicated to that body the New Jersey memorial. They unanimously approved of the firm and judicious conduct of the Commander in Chief, and assured him of their firmest support in his purpose of exemplary retaliation.

General Washington was anxious to alleviate the melancholy condition of Captain Asgill as much as possible, and directed the officer of his guard to treat him with every tender attention and politeness which his rank, fortune, and connexions, together with his unfortunate state demanded, that is not inconsistent with his perfect security. He ordered 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 favor 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 suspence 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 Commander 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 notwithstanding the acquittal he 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 consideration, 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 reached 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, my 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 safeguard, it how