As to the second branch of the argument, there can be no doubt, that after André landed he was within the sphere of Arnold's command, and acted in all respects either with his knowledge or by his direction. But this did not alter the nature of his conduct. He was still in disguise, with a false name, and carrying papers of a dangerous import to the enemy. To say that he was an agent in maturing treason is not certainly to make him the less a spy. So far from it, that, if possible, the offence is aggravated by this coincidence of character and objects. It was argued, that Arnold had a right, while in command, to give such directions as he did to André, and consequently that no law was violated in obeying them. Upon the same principle it may be said, that Arnold had a right to be a traitor, if he could bring his ends to pass by secret means and without detection. The sophistry is too shallow to need a refutation.
Although Sir Henry Clinton used these arguments in his endeavors to procure a release of André, yet he did not recur to them in the narrative which he sent to the British government, nor complain that they had been disregarded. He stated all the facts minutely, in connexion with a copy of the correspondence, but without uttering any censure against Washington or the board of officers, and without intimating an opinion, that the sentence was unjust, or that André could be regarded in any other light than as a spy. Had his sentiments been different, he would unquestionably have expressed them strongly on this occasion, and thrown upon his enemies the full measure of blame, which he conceived them to deserve.
In publishing this event likewise to the army in general orders, Sir Henry Clinton maintained the same reserve, concerning the mode of André's death. "The unfortunate fate of this officer," said he, "calls upon the Commander-in-chief to declare, that he ever considered Major André a gentleman of the highest integrity and honor, and incapable of any base action or unworthy conduct." Nothing was added as to the manner of his death, nor was it even insinuated, that it had been caused by the vengeance, injustice, or any improper act of the enemy, in whose hands he suffered.
These are proofs, and more might be adduced, that the opinions of Sir Henry Clinton on this subject, namely, the light in which André was to be held, according to the invariable laws of war and of nations, were essentially the same as those of General Washington. It is said by M. de Marbois, that Washington secretly consulted Congress respecting André before he was examined. No formal deliberation was held upon the subject, but Congress returned as an answer, that they perceived no reason for arresting the course of justice.
The question, which is merely one of feeling and not of principle, whether André might not have been indulged in his last request to die a military death, should be answered in reference to the state of things at that crisis, and to the motives operating on Washington's mind. Regarding the matter only in the abstract, there seems no very obvious reason why such an indulgence should have been refused. Yet, as no trait in Washington's character was more remarkable through life than his humanity, this noble quality cannot be supposed to have forsaken him on an occasion, which most deeply interested his feelings, and enlisted his sympathies on the side of the sufferer. It must be recollected, that, when André was executed, Washington was entirely ignorant as to the extent of the conspiracy and the persons engaged in it. His fears and his suspicions were alive; and, both as an evidence that he deemed André's punishment just, and as a terror to others who might be concerned in the plot, he believed it a duty to his office and his country to let the law take its usual course. As the event turned out, no ill consequences could have resulted from a compliance with the request of André. Could this have been foreseen by Washington, the tenderness of his disposition, so often manifested, warrants us to believe, that no effort on his part would have been spared to soothe the dying moments of a brave and unfortunate man. *
* A monument was erected by order of the King, in Westminster Abbey, to the memory of Major André. His remains were taken up, in the year 1821, by Mr. Buchanan, British Consul in New York, and removed to England. They were deposited in Westminster Abbey near the monument. André died at the age of twenty-nine. As no metallic buttons were found in the grave, when the disinterment took place, it was considered a proof, that he was not buried in his regimentals. It was inferred, that he had been stripped before burial; in what manner was uncertain. Dr. Thacher has shown, in his Observations, that André's regimentals were given to his servant.
The captors of André were recommended by Washington to Congress, as worthy not only of thanks but of a more substantial recompense from the public. After expressing by a formal vote "a high sense of their virtuous and patriotic conduct," Congress granted to each of them an annual pension of two hundred dollars for life, and ordered a silver medal to be struck and presented to each, bearing on one side the inscription Fidelity, and on the other, Vincit Amor Patrice. These medals were given to the individuals by General Washington, at head-quarters, with some ceremony, and they were invited to dine with him on that occasion. In writing to the President of Congress, he said, "The recompense is ample; it is an evidence of the generosity of Congress, a flattering tribute to the virtue of those citizens, and must prove a powerful incitement to others to imitate their example." The country participated in this opinion, and the conduct of the captors was universally applauded.
In connexion with this statement, however, it is proper to add, that doubts have been entertained as to the original motives and designs of Paulding, Van Wart, and Williams. The representation made by André to Major Tallmadge and Mr. Bronson was, that he first discovered these men playing at cards in the bushes near the road; that, after they had stopped him, they ripped up the housings of his saddle and the cape of his coat in search of money; but, finding none, one of the party said, "He may have it in his boots;" then they then pulled off his boots, and found the papers, which induced them to think he was a spy. Major André was of the opinion, that, if he could have given them a small sum of money at first, they would have allowed him to pass without further molestation; but he had no other money about his person, than the paper bills given to him by Smith, and merely sufficient to pay his expenses to the city.
So strong an impression did this account make upon the mind of Major Tallmadge, and so fully was he convinced of its accuracy, and of the dubious virtue of the captors, that, thirty-seven years afterwards, when Paulding petitioned Congress for an increase of pension, he resisted the petition, (being then a member of Congress,) on the ground that the conduct of the petitioner did not deserve such a testimony of public approbation and gratitude. *
* The subject was drawn into a discussion, and several replies were made to Major Tallmadge. See a small volume entitled Vindication of the Captors of Major André, published in New York, 1817.