[CHAPTER VII]
SARATOGA
OLD CITY HALL, WALL STREET, NEW YORK
[Why Howe went to Chesapeake Bay] We have seen how, owing to the gross negligence of Lord George Germain, discretionary power had been left to Howe, while entirely taken away from Burgoyne. The latter had no choice but to move down the Hudson. The former was instructed to move up the Hudson, but at the same time was left free to depart from the strict letter of his instructions, should there be any manifest advantage in so doing. Nevertheless, the movement up the Hudson was so clearly prescribed by all sound military considerations that everybody wondered why Howe did not attempt it. Why he should have left his brother general in the lurch, and gone sailing off to Chesapeake Bay, was a mystery which no one was able to unravel, until some thirty years ago a document was discovered which has thrown much light upon the question. [Charles Lee in captivity]Here there steps again upon the scene that miserable intriguer, whose presence in the American army had so nearly wrecked the fortunes of the patriot cause, and who now, in captivity, proceeded to act the part of a doubly-dyed traitor. A marplot and mischief-maker from beginning to end, Charles Lee never failed to work injury to whichever party his selfish vanity or craven fear inclined him for the moment to serve. We have seen how, on the day when he was captured and taken to the British camp, his first thought was for his personal safety, which he might well suppose to be in some jeopardy, since he had formerly held the rank of lieutenant-colonel in the British army. He was taken to New York and confined in the City Hall, where he was treated with ordinary courtesy; but there is no doubt that Sir William Howe looked upon him as a deserter, and was more than half inclined to hang him without ceremony. Fearing, however, as he said, that he might “fall into a law scrape,” should he act too hastily, Sir William wrote home for instructions, and in reply was directed by Lord George Germain to send his prisoner to England for trial. In pursuance of this order, Lee had already been carried on board ship, when a letter from Washington put a stop to these proceedings. The letter informed General Howe that Washington held five Hessian field-officers as hostages for Lee’s personal safety, and that all exchange of prisoners would be suspended until due assurance should be received that Lee was to be recognized as a prisoner of war. After reading this letter General Howe did not dare to send Lee to England for trial, for fear of possible evil consequences to the five Hessian officers, which might cause serious disaffection among the German troops. The king approved of this cautious behaviour, and so Lee was kept in New York, with his fate undecided, until it had become quite clear that neither arguments nor threats could avail one jot to shake Washington’s determination. When Lord George Germain had become convinced of this, he persuaded the reluctant king to yield the point; and Howe was accordingly instructed that Lee, although worthy of condign punishment, should be deemed a prisoner of war, and might be exchanged as such, whenever convenient.
FACSIMILE OF FIRST LINES OF LEE’S LETTER TO GATES, DEC. 13, 1776