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Subject Area: War and Peace
Topic: The American Revolution and Constitution

TO COLONEL ELIAS DAYTON. - George Washington, The Writings of George Washington, vol. X (1782-1785) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. X (1782-1785).

Part of: The Writings of George Washington, 14 vols.

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Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO COLONEL ELIAS DAYTON.

Congress have been already furnished with copies of all letters, which had passed between the commanders-in-chief of the British forces in New York and myself, respecting the murder of Captain Huddy previous to the last of July. I have now the honor to enclose Sir Guy Carleton’s letter of the 1st instant, (in reply to mine of the 25th [30th?] ultimo,)2 and that of the 13th, which accompanied the proceedings of the general court-martial for the trial of Captain Lippincott. The proceedings, together with such other documents as relate to that unfortunate transaction, I also transmit by this opportunity.

Sir,

As Sir Guy Carleton, notwithstanding the acquittal of Lippincott, reprobates the measure in unequivocal terms, and has given assurances of prosecuting a further inquiry, it has changed the ground I was proceeding upon, and placed the matter upon an extremely delicate footing.

I am just informed by the secretary at war, that Captain Asgill, of the British guards, an unfortunate officer, who is destined to be the unhappy victim to atone for the death of Captain Huddy, had arrived in Philadelphia, and would set off very soon for the Jersey line, the place assigned for his execution. He will probably arrive as soon as this will reach you, and will be attended by Captain Ludlow, his friend, whom he wishes to be admitted to go into New York, with an address to Sir Guy Carleton on his behalf.

It would be assuming in me to ascribe causes to actions different from those, which are ostensibly and plausibly assigned; but, admitting that General Carleton has no other object but to procrastinate, he has, by disavowing the act, by declaring that it is held in abhorrence, by not even sanctioning the motives, which appear to have influenced Lippincott to become the executioner of Huddy, and by giving the strongest assurances that further inquisition shall be made, so far manifested the appearance of an earnest desire to bring the guilty to punishment, that I fear an act of retaliation upon an innocent person before the result of his inquisition is known, would be considered by the impartial and unprejudiced world in an unfavorable and perhaps unjustifiable point of view; more especially as the great end proposed by retaliation, which is to prevent a repetition of injuries, has been in a manner answered. For, you will please to observe, by the extract of General Clinton’s letter of the 26th of April to Governor Franklin,1 that he had expressly forbidden the Board of Directors to remove or exchange in future any prisoners of war in the custody of their commissary without having first obtained his approbation and orders.

You will therefore give permission to Captain Ludlow to go by the way of Dobbs’s Ferry into New York, with such representation as Captain Asgill shall please to make to Sir Guy. At the same time, I wish you to intimate to the gentlemen, that, although I am deeply affected with the unhappy fate, to which Captain Asgill is subjected, yet, that it will be to no purpose for them to make any representation to Sir Guy Carleton, which may serve to draw on a discussion of the present point of retaliation; that, in the stage to which the matter has been suffered to run, all argumentation on the subject is entirely precluded on my part; that my resolutions have been grounded on so mature deliberation, that they must remain unalterably fixed. You will also inform the gentlemen, that, while my duty calls me to make this decisive determination, humanity dictates a tear for the unfortunate offering, and inclines me to say, that I most devoutly wish his life may be saved. This happy event may be attained; but it must be effected by the British Commander-in-chief. He knows the alternative, which will accomplish it; and he knows, that this alternative only can avert the dire extremity from the innocent, and that in this way alone the manes of the murdered Captain Huddy will be best appeased.1

The same reasons, which induced me to lay the first steps I took in this affair before Congress, urge me to submit it to them at its present stage. It is a great national concern, upon which an individual ought not to decide. I shall be glad to be favored with the determination of Congress as early as possible, as I shall suspend giving any answer to Sir Guy Carleton, until I am informed how far they are satisfied with his conduct hitherto.

In the mean time, while this is doing, I must beg that you will be pleased to treat Captain Asgill with every tender attention and politeness (consistent with his present situation), which his rank, fortune, and connexions, together with his unfortunate state, demand.

I cannot close this letter without making a remark upon that part of Sir Guy’s, in which he charges me with want of humanity in selecting a victim from among the British officers so early as I did. He ought to consider, that, by the usage of war and upon the principles of retaliation, I should have been justified in executing an officer of equal rank with Captain Huddy immediately upon receiving proofs of his murder, and then informing Sir Henry Clinton that I had done so. Besides, it was impossible for me to have foreseen, that it would be so very long before the matter would be brought to some kind of issue. I have the honor to be, &c.1

I am, dear Sir, &c.

[1 ]In the draft of this letter the following paragraph is struck out: “I wish you also to inform Captn. Asgill, with all the tenderness possible, that no address from him or any of his friends can be admitted from them directly to me—that I can attend to no application but such as shall be made by the British Commander in chief.”

[2 ]Washington, on the 25th, named Heath and two aids to meet a British officer of equal rank at Phillips House, on August 5th, to receive the proceedings of the court-martial on Captain Lippincott. Sir Guy Carleton, however, wished to send with the papers Chief-Justice Frederick Smith to make additional explanations, and Attorney-General Kempe to “enter into such explanations as might tend to remove all reciprocal complaints in the province of New Jersey.” Washington very properly declined to complicate what was merely a military question, with another that belonged to the civil government.

[1 ]President of the Board of Directors of the Associated Loyalists, and immediately responsible for the hanging of Huddy.

[1 ]Read in Congress August 26th. Referred to Rutledge, McKean, and Duane. October 15th, Witherspoon and Wright were added.

[1 ]In the draft of this letter the following paragraph is struck out: “I wish you also to inform Captn. Asgill, with all the tenderness possible, that no address from him or any of his friends can be admitted from them directly to me—that I can attend to no application but such as shall be made by the British Commander in chief.”

[2 ]Washington, on the 25th, named Heath and two aids to meet a British officer of equal rank at Phillips House, on August 5th, to receive the proceedings of the court-martial on Captain Lippincott. Sir Guy Carleton, however, wished to send with the papers Chief-Justice Frederick Smith to make additional explanations, and Attorney-General Kempe to “enter into such explanations as might tend to remove all reciprocal complaints in the province of New Jersey.” Washington very properly declined to complicate what was merely a military question, with another that belonged to the civil government.

[1 ]President of the Board of Directors of the Associated Loyalists, and immediately responsible for the hanging of Huddy.

[1 ]Read in Congress August 26th. Referred to Rutledge, McKean, and Duane. October 15th, Witherspoon and Wright were added.