"He was sent back to prison while the board deliberated long and carefully over the question of his guilt. Their final verdict was that 'Major André, adjutant-general of the British Army, ought to be considered as a spy from the enemy, and that agreeably to the law and usage of nations, it is their opinion that he ought to suffer death.'
"The next day Washington's approval of the decision was given, accompanied by the order that the execution should take place on the following day at five o'clock P. M."
"What a pity!" exclaimed Grace. "I think I have read that our officers felt sorry for him and would have been glad to spare his life. Was it not so, papa?"
"Yes," the captain said. "There was a general desire on the part of the Americans to save his life, and I think no one desired it more earnestly than Washington, if it could have been done in a manner consistent with his public duty. The only way to accomplish that was by exchanging him for Arnold, and holding the latter responsible for the acts of his victim. A formal proposition of the kind would not answer,—Washington could not make, nor Clinton accept it,—but a plan to attempt such an arrangement was decided upon. A trusty officer of the New Jersey line, Captain Aaron Ogden, was given a packet of papers by Washington containing an official account of André's trial, the decision of the board of inquiry, and André's letter to his general. Ogden was told to choose his escort of men known for their fidelity, then go to Lafayette for further instructions.
"Lafayette was in command of the light infantry and stationed nearest to the British. He instructed Ogden to travel so slowly that he would not reach Paulus Hotel till near night, and he would be invited to stay there till morning. He was then to get into talk with the commandant of the post about this affair of André, and suggest that it would be well to exchange him for Arnold if it could be done.
"It all occurred just as planned: the commandant received Ogden courteously, sent the package across the river, invited him to stay all night, and in the course of conversation André's case was introduced.
"'Is there no way to spare his life?' asked the commandant.
"'If Sir Henry Clinton would give up Arnold, André might be saved,' replied Ogden. 'I have no assurance to that effect from General Washington, but I have reason to know that such an arrangement might be effected.'
"'On hearing that the commandant left the company immediately, crossed the river, and had an interview with Sir Henry Clinton. It availed nothing, however. Sir Henry at once refused compliance; honor, he said, would not allow the surrender of Arnold—a man who had deserted from the Americans and openly espoused the cause of the king.
"When Ogden mustered his men at dawn the next morning a sergeant was missing. He had deserted to the enemy during the night. There was no time to search for him, and they returned to Tappan without him."