“It is an accusation against you, that, being an officer of the enemy, you passed the pickets of the American army at the White Plains, in disguise, on the 29th of October last, whereby you are suspected of views hostile to the interests of America, and have subjected yourself to the punishment of a spy.”

The mild but steady tones of the speaker, as he slowly repeated the substance of this charge, were full of authority. The accusation was so plain, the facts so limited, the proof so obvious, and the penalty so well established, that escape seemed impossible. But Henry replied with earnest grace:

“That I passed your pickets in disguise is true; but——”

“Peace!” interrupted the president; “the usages of war are stern enough in themselves; you need not aid them in your own condemnation.”

“The prisoner can retract that declaration, if he please,” remarked another judge. “His confession, if taken, goes fully to prove the charge.”

“I retract nothing that is true,” said Henry, proudly.

“You are at liberty to explain what your motives were in entering the ground held by our army, in disguise,” said the other judge, with a slight movement of the muscles of his face.

“I am the son of this aged man before you,” continued Henry. “It was to visit him that I encountered the danger. Besides, the country below is seldom held by your troops, and its very name implies a right to either party to move at pleasure over its territory.”

“Its name as neutral ground is unauthorized by law; it is an appellation[103] that originates with the condition of the country. But wherever an army goes, it carries its rights along, and the first is the ability to protect itself.”

“I am no casuist,[104] sir,” returned the youth; “but I feel that my father is entitled to my affection, and I would encounter greater risks to prove it to him in his old age.”