Notwithstanding Washington's apparent tranquillity and real self-possession, it was a time of appalling distrust. How far the treason had extended, who else might be implicated in it, was unknown. Arnold had escaped, and was actually on board of the Vulture; he knew everything about the condition of the posts: might he not persuade the enemy in the present weak state of the garrisons to attempt a coup de main? Washington instantly, therefore, despatched a letter to Colonel Wade, who was in temporary command at West Point. "General Arnold is gone to the enemy," writes he. "I request that you will be as vigilant as possible, and as the enemy may have it in contemplation to attempt some enterprise, even to-night, against these posts, I wish you to make, immediately after the receipt of this, the best disposition you can of your force, so as to have a proportion of men in each work on the west side of the river." A regiment stationed in the Highlands was ordered to the same duty, as well as a body of the Massachusetts militia from Fishkill. At half-past seven in the evening, Washington wrote to General Greene, who, in his absence, commanded the army at Tappan; urging him to put the left division in motion as soon as possible, with orders to proceed to King's Ferry, where, or before they should arrive there, they would be met with further orders.
In the meantime, Mrs. Arnold remained in her room in a state bordering on frenzy. Arnold might well confide in the humanity and delicacy of Washington in respect to her. He regarded her with the sincerest commiseration, acquitting her of all previous knowledge of her husband's guilt. During the brief time she remained at the Robinson House, she was treated with the utmost deference and delicacy, but soon set off under a passport of Washington, for her father's house in Philadelphia.
On the 26th of September, the day after the treason of Arnold had been revealed to Washington, André arrived at the Robinson House, having been brought on in the night, under escort and in charge of Major Tallmadge. Washington made many inquiries of the major, but declined to have the prisoner brought into his presence, apparently entertaining a strong idea of his moral obliquity, from the nature of the scheme in which he had been engaged, and the circumstances under which he had been arrested. The same evening he transmitted him to West Point, and shortly afterwards, Joshua H. Smith, who had likewise been arrested. Still, not considering them secure even there, he determined on the following day to send them on to the camp.
Major Tallmadge continued to have the charge of André. Not regarding him from the same anxious point with the commander-in-chief, and having had opportunities of acquiring a personal knowledge of him, he had become fascinated by his engaging qualities. "The ease and affability of his manners," writes he, "polished by the refinement of good society and a finished education, made him a most delightful companion. It often drew tears from my eyes to find him so agreeable in conversation on different subjects, when I reflected on his future fate, and that too, as I feared, so near at hand."
Early on the morning of the 28th, the prisoners were embarked in a barge, to be conveyed from West Point to King's Ferry. After disembarking at King's Ferry, near Stony Point, they set off for Tappan under the escort of a body of horse. As they approached the Clove, a deep defile in the rear of the Highlands, André, who rode beside Tallmadge, became solicitous to know the opinion of the latter as to what would be the result of his capture, and in what light he would be regarded by General Washington and by a military tribunal, should one be ordered. Tallmadge evaded the question as long as possible, but being urged to a full and explicit reply, gave it, he says, in the following words: "I had a much-loved classmate in Yale College, by the name of Nathan Hale, who entered the army in 1775. Immediately after the battle of Long Island, General Washington wanted information respecting the strength, position, and probable movements of the enemy. Captain Hale tendered his services, went over to Brooklyn, and was taken, just as he was passing the outposts of the enemy on his return; said I with emphasis—'Do you remember the sequel of the story?' 'Yes,' said André. 'He was hanged as a spy! But you surely do not consider his case and mine alike?' 'Yes, precisely similar.'"3
3 The fate of the heroic youth here alluded to, deserves a more ample notice. Born in Coventry, Connecticut, June 6th, 1755, he entered Yale College in 1770, and graduated with some distinction in September, 1773. On quitting college he engaged as a teacher, as is common with young men in New England, while studying for a profession. His half-formed purpose was to devote himself to the ministry. He was teaching at New London, when an express arrived, bringing tidings of the outbreak at Lexington. A town meeting was called, and Hale was among the most ardent of the speakers, proposing an instant march to the scene of hostilities, and offering to volunteer.
He served in the army before Boston as a lieutenant; prevailed on his company to extend their term of service by offering them his own pay, and for his good conduct received from Congress the commission of captain. He commanded a company in Colonel Knowlton's regiment in the following year. After the disastrous battle of Long Island, Washington applied to that officer for a competent person to penetrate the enemy's camp, and procure intelligence of their designs. Hale, in the ardor of patriotism, volunteered for the unenviable enterprise, though fully aware of its peril, and the consequences of capture. Assuming his old character as schoolmaster, he crossed the Sound at night from Norwalk to Huntington on Long Island, visited the British encampments unsuspected, made drawings of the enemy's works, and noted down memoranda in Latin of the information he gathered, and then retraced his steps to Huntington, where a boat was to meet him and convey him back to the Connecticut shore. Unfortunately a British guard ship was at that time anchored out of view in the Sound, and had sent a boat on shore for water. Hale mistook it for the expected boat, and did not discover his mistake until he found himself in the hands of enemies. He was stripped and searched, the plans and memoranda were found concealed in the soles of his shoes, and proved him to be a spy. He was conveyed to the guard ship, and thence to New York, where he was landed on the 21st of September, the day of the great fire. He was taken to General Howe's head-quarters, and after brief parley with his judge, ordered for execution the next morning at daybreak. His patriot spirit shone forth in his dying words—"I only regret that I have but one life to lose for my country."
The capture of André caused a great sensation at New York. He was universally popular with the army, and an especial favorite of Sir Henry Clinton. The latter addressed a letter to Washington on the 29th, claiming the release of André on similar ground to that urged by Colonel Robinson—his having visited Arnold at the particular request of that general officer, and under the sanction of a flag of truce; and his having been stopped while travelling under Arnold's passports. The same letter inclosed one addressed by Arnold to Sir Henry, and intended as a kind of certificate of the innocence of André. "I commanded at the time at West Point," writes the renegade, "had an undoubted right to send my flag of truce to Major André, who came to me under that protection, and, having held conversation with him, I delivered him confidential papers in my own hand-writing to deliver to your Excellency."
Neither the official demand of Sir Henry Clinton, nor the impudent certificate of Arnold, had any effect on the steady mind of Washington. He considered the circumstances under which André had been taken such as would have justified the most summary proceedings, but he determined to refer the case to the examination and decision of a board of general officers, which he convened on the 29th of September, the day after his arrival at Tappan. It was composed of six major-generals—Greene, Stirling, St. Clair, Lafayette, R. Howe, and Steuben; and eight brigadiers—Parsons, Jas. Clinton, Knox, Glover, Paterson, Hand, Huntingdon, and Stark. General Greene, who was well versed in military law, and was a man of sound head and kind heart, was president, and Colonel John Lawrence, judge advocate-general.
Colonel Alexander Hamilton gives, in letters to his friends, many interesting particulars concerning the conduct of the prisoner. "When brought before the board of officers," writes he, "he met with every mark of indulgence, and was required to answer no interrogatory which would even embarrass his feelings. On his part, while he carefully concealed everything that might implicate others, he frankly confessed all the facts relating to himself, and upon his confession, without the trouble of examining a witness, the board made up their report." It briefly stated the circumstances of the case, and concluded with the opinion of the court, that Major André, adjutant-general of the British army, ought to be considered a spy from the enemy, and, agreeably to the law and usage of nations, ought to suffer death.