But, after all, it would be unjust to charge Smith with positive guilt without farther proof; as it is impossible to believe him entirely innocent, without a more satisfactory explanation of his conduct than has yet appeared.
The papers of the court-martial were read by Washington, and then transmitted to Governor Clinton, that Smith might be tried by a civil process under the laws of the State of New York, should such a course be deemed advisable. He was sent to West Point and released from military arrest, but he was immediately taken into custody by the civil authority of the state, and confined in the jail at Goshen. After remaining there several months without any trial, he found means to escape, and passed through the country, sometimes disguised in a woman's dress, to Paulus Hook and New York. At the close of the war he went to England.
Mrs. Arnold resolved to share the lot of her husband. She visited her friends at Philadelphia, and joined him in New York about the middle of November. In her travels through the country, she was everywhere treated with a respect and forbearance hardly to have been expected in the exasperated state of public feeling, which then prevailed; a proof, that, although unfortunate in her alliance with a traitor, she was not considered guilty of participating in his crimes. It is related by M. de Marbois, as a remarkable instance of moderation in the people, that, when on her journey she had stopped at a village to pass the night, where the inhabitants were preparing to burn her husband in effigy, they suspended the execution of their design till the next night, out of delicacy to her sex and situation. It is also said, that, when she entered her carriage in open day to go and join Arnold in the midst of the enemies of his country, no symptoms were exhibited of the detestation in which his name was held even by the lowest populace. This was the more worthy of notice, as his effigy had recently been paraded through the streets of Philadelphia with every mark of infamy, and every demonstration of resentment and contempt.
The case of Captain Nathan Hale has been regarded as parallel to that of Major André. This young officer was a graduate of Yale College, and had but recently closed his academic course when the war of the revolution commenced. Possessing genius, taste, and ardor, he became distinguished as a scholar; and, endowed in an eminent degree with those graces and gifts of nature which add a charm to youthful excellence, he gained universal esteem and confidence.
To high moral worth and irreproachable habits were joined gentleness of manners, an ingenuous disposition, and vigor of understanding. No young man of his years put forth a fairer promise of future usefulness and celebrity; the fortunes of none were fostered more sincerely by the generous good wishes of his associates, or the hopes and encouraging presages of his superiors.
Being a patriot upon principle, and an enthusiast in a cause, which appealed equally to his sense of justice and love of liberty, he was among the first to take up arms in his country's defence. The news of the battle of Lexington roused his martial spirit, and called him immediately to the field. He obtained a commission in the army, and marched with his company to Cambridge. His promptness, activity, and assiduous attention to discipline, were early observed. He prevailed upon his men to adopt a simple uniform, which improved their appearance, attracted notice, and procured applause. The example was followed by others, and its influence was beneficial. Nor were his hours wholly absorbed by his military duties. A rigid economy of time enabled him to gratify his zeal for study and mental culture.
At length the theatre of action was changed, and the army was removed to the southward. The battle of Long Island was fought, and the American forces were drawn together in the city of New York. At this moment it was extremely important for Washington to know the situation of the British army on the heights of Brooklyn, its numbers, and the indications as to its future movements. Having confidence in the discretion and judgment of the gallant Colonel Knowlton, who commanded a Connecticut regiment of infantry, he explained his wishes to that officer, and requested him to ascertain if any suitable person could be found in his regiment, who would undertake so hazardous and responsible a service. It was essential, that he should be a man of capacity, address, and military knowledge.
Colonel Knowlton assembled several of his officers, stated to them the views and desires of the General, and left the subject to their reflections, without proposing the enterprise to any individual. The officers then separated. Captain Hale considered deliberately what had been said, and finding himself by a sense of duty inclined to the undertaking, he called at the quarters of his intimate friend, Captain Hull (afterwards General Hull), and asked his opinion. Hull endeavored to dissuade him from the service, as not befitting his rank in the army, and as being of a kind for which his openness of character disqualified him; adding that no glory could accrue from success, and a detection would inevitably be followed by an ignominious death.
Captain Hale replied, that all these considerations had been duly weighed, that "every kind of service necessary to the public good was honorable by being necessary," that he did not accept a commission for the sake of fame alone or personal advancement, that he had been for some time in the army without being able to render any signal aid to the cause of his country, and that he felt impelled by high motives of duty not to shrink from the opportunity now presented.
The arguments of his friend were unavailing, and Captain Hale passed over to Long Island in disguise. He had gained the desired information, and was just on the point of stepping into a boat to return to the city of New York, when he was arrested and taken before the British commander. Like André, he had assumed a character, which he could not sustain; he was "too little accustomed to duplicity to succeed." The proof against him was so conclusive, that he made no effort at self-defence, but frankly confessed his objects; and, again like André, without further remarks "left the facts to operate with his judges." He was sentenced to be executed as a spy, and was accordingly hanged the next morning.