In answer to your Excellency's message, respecting your Adjutant General, Major Andre, and desiring my idea of the reasons why he is detained, being under my passports, I have the honour to inform you, Sir, that I apprehend a few hours must return Major Andre to your Excellency's orders, as that officer is assuredly under the protection of a flag of truce sent by me to him for the purpose of a conversation which I requested to hold with him relating to myself, and which I wished to communicate through that officer to your Excellency.
I commanded at the time at West Point, had an undoubted right to send my flag of truce for Major Andre, who came to me under that protection, and having held my conversation with him, I delivered him confidential papers in my own hand writing, to deliver to your Excellency, thinking it much properer he should return by land, I directed him to make use of the feigned name of John Anderson, under which he had by my direction to come on shore, and gave him my passports to go to the White Plains on his way to New York. This officer cannot therefore fail of being immediately sent to New York, as he was invited to a conversation with me, for which I sent him a flag of truce, and finally gave him passports for his safe return to your Excellency; all which I had then a right to do, being in the actual service of America, under the orders of General Washington, and commanding general at West Point and its dependencies.
I have the honour to be, your Excellency's most obedient and very humble servant, B. ARNOLD.
His Excellency Sir Henry Clinton.
The Board having considered the letter from his Excellency General Washington respecting Major Andre, Adjutant General to the British army, the confession of Major Andre, and the papers produced to them, REPORT to His Excellency, the Commander in Chief, the following facts, which appear to them relative to Major Andre.
First, that he came on shore from the Vulture sloop of war in the night of the twenty-first of September instant, on an interview with General Arnold, in a private and secret manner.
Secondly, that he changed his dress within our lines, and under a feigned name, and in a disguised habit, passed our works at Stoney and Verplank's Points, the evening of the twenty-second of September instant, and was taken the morning of the twenty-third of September instant, at Tarry Town, in a disguised habit, being then on his way to New York, and when taken, he had in his possession several papers, which contained intelligence for the enemy.
The Board having maturely considered these facts, DO ALSO REPORT to His Excellency General Washington, that Major Andre, Adjutant General to the British army, ought to be considered as a Spy from the enemy, and that agreeable to the law and usage of nations, it is their opinion, he ought to suffer death.