[CHAPTER XV.]
Ineffectual Attempts to procure the Release of Major André.—His Execution.—The Captors of André.—Joshua H. Smith.—Captain Nathan Hale.
Notwithstanding the equity of the sentence against André, and the irresistible testimony upon which it was founded, his rank and character excited so lively an interest in every breast, and there were so many extenuating circumstances connected with the manner in which he had been seduced into the snare, that the voice of humanity pleaded loudly in his behalf, and the sternest advocate for justice could not regard his impending fate without regret, or a wish that it might be averted. No one was more deeply impressed with these feelings than Washington; and his anxiety was the greater, as the final determination of punishment or acquittal must rest with him. Washington never shrunk from a public duty, yet his heart was humane, and his mind revolted at the thought of being the agent in an act, which wounded his sensibility, although impelled by the laws of war, a sense of right, and an approving conscience. The treachery of Arnold had been so atrocious, so unexpected and artfully contrived, and the example was so dangerous, that the most signal punishment was necessary, not more as a retribution due to the crime, and a terror to others, who might harbor similar designs, than as a proof to the people, that their cause was not to be left to the mercy of traitors, nor sacrificed with impunity.
In this view of the subject, the only one in which it could be regarded by wisdom, prudence, or patriotism, there was but one possible mode of saving André; and that was to exchange him for Arnold, who should himself be held responsible for the criminal transactions, which had originated with him, and in which he had been the chief actor. That the enemy would give him up was hardly to be expected, nor could a formal proposition of that kind be advanced; yet there was no reason why the opportunity should not be offered, or at least why it should not be intimated to them, that in such an event André would be released. To effect this object the following plan was adopted.
Washington sent for Captain Aaron Ogden, whom he informed that he had selected him to carry despatches to the British post at Paulus Hook, which were to be conveyed thence across the river to New York. After putting the packet of papers into his hands, and giving him some general directions as to the mode of arranging the escort, so that it should consist of men whose fidelity could be relied upon, and who should make a good appearance, he told Ogden to call on the Marquis de Lafayette for additional instructions.
This was on the 30th of September, the day after the examination of André, and the packet intrusted to Ogden contained his letter to Sir Henry Clinton, and that mentioned above from Washington to the same commander. Lafayette was at the head of the Light Infantry, who were stationed in advance of the army towards the enemy's lines. He instructed Ogden so to contrive his march, that he should arrive at Paulus Hook so late in the day, that he would be asked to stay all night. He was then to seek a favorable moment to communicate to the commandant of the post, or some of the principal officers, as if incidentally, the idea about exchanging André for Arnold.
Thus prepared, Ogden set off with a suitable escort, and at a convenient hour arrived at the outposts near Paulus Hook. He was there stopped, and the officer proposed to detain him, till the despatches were sent in and an answer returned. Captain Ogden assured him, that he had express orders to deliver the packet into the hands of the principal officer of the post, and upon this representation he was allowed to pass. The commandant was courteous, received the packet, and immediately sent it by an express across the river to New York.
Captain Ogden was politely asked to take supper with the officers; and when the evening was far advanced and the boat did not come back, he was invited to remain through the night. The conversation turned upon André, and the commandant inquired whether he thought Washington would consent to his execution. Ogden replied, that he undoubtedly would, that the army expected it, and the nature of the offence rendered it necessary; and, whatever might be his private feelings, and however painful the task, he would not hesitate to do his duty promptly, when required by justice and the laws of war, and when the vital interests of his country were at stake. The commandant asked, if there was no way of preventing such a catastrophe. "Yes," replied Ogden, "it is in the power of Sir Henry Clinton to do it. If he will deliver up Arnold into the hands of the Americans, and take André in exchange, the prisoner may have a speedy rescue." Ogden was then asked whether he had authority for such a declaration. "I have no such assurance from General Washington," said he, "but I am prepared to say, that if such a proposal were to be made, I believe it would be accepted, and Major André set at liberty." Upon this hint the officer left the company, crossed the river, had an interview with Sir Henry Clinton, and returned before morning. He told Captain Ogden, that such a thing could not be done; that to give up a man, who had deserted from the enemy, and openly espoused the King's cause, was such a violation of honor and every military principle, that Sir Henry Clinton would not listen to the idea for a moment.
The despatch-boat came back, and Ogden prepared at the dawn of day for his departure. On mustering his men, it was discovered, that the sergeant of the escort was missing, and it was supposed he had deserted to the enemy during the night. Having no time for search, Ogden hastened to General Washington's camp, and delivered the packet he had brought. *