“Still, gentlemen, we have our duty as officers to discharge; our feelings as men may be indulged hereafter. What is your pleasure with the prisoner?”
One of the judges placed in his hand a written sentence, that he had prepared while the colonel was engaged with Frances, and declared it to be the opinion of himself and his companion.
It briefly stated that Henry Wharton had been detected in passing the lines of the American army as a spy, and in disguise. That thereby, according to the laws of war, he was liable to suffer death, and that this court adjudged him to the penalty; recommending him to be executed by hanging, before nine o’clock on the following morning.
It was not usual to inflict capital punishments, even on the enemy, without referring the case to the commander in chief, for his approbation; or, in his absence, to the officer commanding for the time being. But, as Washington held his headquarters at New Windsor, on the western bank of the Hudson, there was sufficient time to receive his answer.
“This is short notice,” said the veteran, holding the pen in his hand, in a suspense that had no object; “not a day to fit one so young for heaven?”
“The royal officers gave Hale[[12]] but an hour,” returned his comrade; “we have granted the usual time. But Washington has the power to extend it, or to pardon.”
“Then to Washington will I go,” cried the colonel, returning the paper with his signature; “and if the services of an old man like me, or that brave boy of mine, entitle me to his ear, I will yet save the youth.”
So saying, he departed, full of his generous intentions in favor of
Henry Wharton.
The sentence of the court was communicated, with proper tenderness, to the prisoner; and after giving a few necessary instructions to the officer in command, and dispatching a courier to headquarters with their report, the remaining judges mounted, and rode to their own quarters, with the same unmoved exterior, but with the consciousness of the same dispassionate integrity, that they had maintained throughout the trial.
[12] An American officer of this name was detected within the British lines, in disguise, in search of military information. He was tried and executed, as stated in the text, as soon as the preparations could be made. It is said that he was reproached under the gallows with dishonoring the rank he held by his fate. ‘What a death for an officer to die!’ said one of his captors. ‘Gentlemen, any death is honorable when a man dies in a cause like that of America,’ was his answer. André was executed amid the tears of his enemies; Hale died unpitied and with reproaches in his ears; and yet one was the victim of ambition, and the other of devotion to his country. Posterity will do justice between them.