Captain Asgill's mother was a lady of good position in England, and, overwhelmed with grief at the impending fate of her son, she spared no efforts to save him. She wrote to every man of influence whom she knew; and among others she wrote to the Count de Vergennes, who was in this country as the representative of the court of France.
The French, who had been the faithful friends of the Americans throughout the struggle, were as willing to assist their allies to be merciful and forgiving as they were to help them fight their battles. The ambassador addressed a strong letter to Congress, urging that young Captain Asgill might be spared, and sending a copy of the letter written by the heartbroken mother.
Still war is war; and one of its laws is, that, if a prisoner is unjustly killed by an enemy, one of the enemy's men held as prisoner shall be killed in retaliation, the object being, of course, to put a stop to unjust executions. With this law in view, Congress did not consent to countermand the young man's execution.
Captain Asgill had another friend, a powerful one, who did all that he could to save him from his impending fate. This was General Washington, who from the first had pitied the young man on account of his youth and general character; but he had also objected to the selection for the reason that he had been among the officers who surrendered with Lord Cornwallis, who had been promised that they should not be dealt with as hostages. There were other prisoners who might have been more justly taken as subjects of retaliation, but for some reason the thirteen officers who had been summoned to this trial by lot were not among those who were justly liable in the case. Washington felt that the selection of Asgill was a breach of good faith, and he did all that he could to induce the secretary of war to act justly and honorably in the matter. At all events, the efforts in behalf of the young officer had the effect of delaying the execution; and three months after his fatal lot had been drawn, he was allowed to go to Morristown and remain there a prisoner on parole.
Not long after this, another reason arose for the pardon of Captain Asgill, which was used with effect by his friends. Peace was now approaching, and there was no need of the execution of hostages in order to prevent further outrages on the part of the enemy; and so the members of Congress began to feel that after this long delay, and the approaching general rejoicing in the success of American independence, it would seem like murder to execute this young man. Therefore a law was passed by Congress, directing that Captain Asgill should be set at liberty and allowed to return to his family.
Dreadful months of suspense and fearful anticipation had darkened the souls of this young soldier, his family, and his friends; but they had probably produced a better effect upon the minds of the lawless bands of Tory refugees than would have resulted had the execution taken place; for, had Captain Asgill been hung, there is no doubt that an American prisoner would have suffered in his place; and how many more steps in the bloody business of retaliation would have taken place, no man can tell. So, if we look at the matter philosophically, it may have been a very good thing that the British officer selected to atone for the death of Captain Huddy happened to be a young man whom nobody wished to kill, for the merciful delay exercised in his case was the probable cause of the cessation of retaliation during the last months of the Revolution.