Being interrogated as to his conception of the manner in which he came on shore, and whether he considered himself under a flag, he answered, that "it was impossible for him to suppose he came on shore under the sanction of a flag, and added, that, if he came on shore under that sanction, he might certainly have returned under it." Throughout his examination Major André maintained a manly, dignified, and respectful deportment, replied to every question promptly, discovered no embarrassment, sought no disguise, stated with frankness and truth every thing that related to himself, and used no words to explain, palliate, or defend any part of his conduct. So delicate was he in regard to other persons, that he scrupulously avoided mentioning names, or alluding to any particulars except such as concerned himself. General Greene spoke of Smith's House, in reference to the place of meeting between André and Arnold. "I said a house, Sir," replied André, "but I did not say whose house."
"True," answered Greene, "nor have we any right to demand this of you, after the conditions we have allowed."
The examination being closed, Major André was asked whether he had any remarks to make on the statements that had been presented. He replied in the negative, and said he should leave them to operate with the board. He was then remanded to the place of his confinement.
After a full consideration of the subject, taking into view the papers that had been laid before them, and the voluntary confessions of Major André, the board reported the following facts;
"First, that he came on shore from the Vulture sloop-of-war, in the night, on an interview with General Arnold, in a private and secret manner.
"Secondly, that he changed his dress within our lines, and, under a feigned name and in a disguised habit, passed our works at Stony and Verplanck's Points; was taken at Tarrytown in a disguised habit, being then on his way to New York; and, when taken, he had in his possession several papers, which contained intelligence for the enemy."
Believing these facts to be established, the board further reported it as their opinion, that Major André ought to be considered as a spy, and, according to the law and usage of nations, to suffer death.
This decision was communicated to the prisoner, who, at his request, was permitted to write a letter to Sir Henry Clinton, which follows.
"Tappan, 29 September, 1780.
"Sir,