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COL. MORRIS' HOUSE. Vol. II. |
To counteract the proclamation of the British commissioners, promising amnesty to all in rebellion who should, in a given time, return to their allegiance, Washington now issued a counter proclamation (Jan. 25th), commanding every person who had subscribed a declaration of fidelity to Great Britain, or taken an oath of allegiance, to repair within thirty days to head-quarters, or the quarters of the nearest general officer of the Continental army or of the militia, and there take the oath of allegiance to the United States of America, and give up any protection, certificate or passport he might have received from the enemy; at the same time granting full liberty to all such as preferred the interest and protection of Great Britain to the freedom and happiness of their country, forthwith to withdraw themselves and families within the enemy's lines. All who should neglect or refuse to comply with this order were to be considered adherents to the crown and treated as common enemies.
A cartel for the exchange of prisoners had been a subject of negotiation previous to the affair of Trenton, without being adjusted. The British commanders were slow to recognize the claims to equality of those they considered rebels; Washington was tenacious in holding them up as patriots ennobled by their cause. Among the cases which came up for attention was that of Ethan Allen, the brave but eccentric captor of Ticonderoga. His daring attempts in the "path of renown" had cost him a world of hardships;—thrown into irons as a felon; threatened with a halter; carried to England to be tried for treason; confined in Pendennis Castle; retransported to Halifax, and now a prisoner in New York. Washington had been instructed, considering his long imprisonment, to urge his exchange. This had scarce been urged, when tidings of the capture of General Lee presented a case of still greater importance to be provided for. Lee was reported to be in rigorous confinement in New York, and treated with harshness and indignity. The British professed to consider him a deserter, he having been a lieutenant-colonel in their service, although he alleged that he had resigned his commission before joining the American army.
On the 13th of January, Washington addressed the following letter to Sir William Howe: "I am directed by Congress to propose an exchange of five of the Hessian field-officers taken at Trenton for Major-general Lee; or, if this proposal should not be accepted, to demand his liberty upon parole, within certain bounds, as has ever been granted to your officers in our custody. I am informed, upon good authority, that your reason for keeping him hitherto in stricter confinement than usual is that you do not look upon him in the light of a common prisoner of war but as a deserter from the British service, as his resignation has never been accepted, and that you intend to try him as such by a court-martial. I will not undertake to determine how far this doctrine may be justifiable among yourselves, but I must give you warning that Major-general Lee is looked upon as an officer belonging to, and under the protection of the United Independent States of America, and that any violence you may commit upon his life and liberty will be severely retaliated upon the lives or liberties of the British officers, or those of their foreign allies in our hands."
In this letter he likewise adverted to the treatment of American prisoners in New York; several who had recently been released having given the most shocking account of the barbarities they had experienced.
Sir William, in reply, proposed to send an officer of rank to Washington to confer upon a mode of exchange and subsistence of prisoners. This proposal led to the appointment of two officers for the purpose, Colonel Walcott by General Howe, and Colonel Harrison, "the old secretary," by Washington.
Lee's actual treatment was not so harsh as had been represented. He was in close confinement it is true, but three rooms had been fitted up for his reception in the Old City Hall of New York, having nothing of the look of a prison excepting that they were secured by bolts and bars. Congress, in the meantime, had resorted to their threatened measure of retaliation. On the 20th of February they had resolved that the Board of War be directed immediately to order the five Hessian field-officers and Lieutenant-colonel Campbell into safe and close custody, "it being the unalterable resolution of Congress to retaliate on them the same punishment as may be inflicted on the person of General Lee."
In a letter to the President of Congress, Washington gives his moderating counsels on the whole subject of retaliation. "Though I sincerely commiserate," writes he, "the misfortunes of General Lee, and feel much for his present unhappy situation, yet with all possible deference to the opinion of Congress, I fear that these resolutions will not have the desired effect, are founded on impolicy, and will, if adhered to, produce consequences of an extensive and melancholy nature.... The balance of prisoners is greatly against us, and a general regard to the happiness of the whole should mark our conduct. Can we imagine that our enemies will not mete the same punishments, the same indignities, the same cruelties, to those belonging to us in their possession that we impose on theirs in our power? Why should we suppose them to possess more humanity than we have ourselves? Or why should an ineffectual attempt to relieve the distresses of one brave, unfortunate man, involve many more in the same calamities?"
Washington was not always successful in instilling his wise moderation into public councils. Congress adhered to their vindictive policy, merely directing that no other hardships should be inflicted on the captive officers than such confinement as was necessary to carry their resolve into effect. There were other circumstances besides the treatment of General Lee to produce this indignant sensibility on the part of Congress. Accounts were rife at this juncture of the cruelties and indignities almost invariably experienced by American prisoners at New York; and an active correspondence on the subject was going on between Washington and the British commanders, at the same time with that regarding General Lee.
The captive Americans who had been in the naval service were said to be confined, officers and men, in prison-ships which, from their loathsome condition and the horrors and sufferings of all kinds experienced on board of them, had acquired the appellation of floating hells. Those who had been in the land service were crowded into jails and dungeons like the vilest malefactors; and were represented as pining in cold, in filth, in hunger and nakedness. [In the correspondence between Lord Howe and Washington on this subject, the British commander denied the charges of undue severity in the treatment of prisoners, and pronounced the tales current on the subject as idle and unnatural reports. But the evidence of the truth of that statement is too complete to admit of doubt.] The Jersey Prison-ship is proverbial in our revolutionary history; and the bones of the unfortunate patriots who perished on board, form a monument on the Long Island shore. The horrors of the Sugar House, converted into a prison, are traditional in New York; and the brutal tyranny of Cunningham, the provost marshal, over men of worth confined in the common jail for the sin of patriotism, has been handed down from generation to generation. That Lord Howe and Sir William were ignorant of the extent of these atrocities we really believe, but it was their duty to be well informed.