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

TO CAPTAIN CHARLES ASGILL. 1 - 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.

About Liberty Fund:

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 CAPTAIN CHARLES ASGILL.1

Under these Considerations (without giving you any further Trouble) it is my Decided Opinion that the Object in contemplation is not of Importance, sufficient to justify the Hazzards and Risques which must probably be encountered in the Attempt to obtain it.

Sir,

While I offer you this Opinion, Sir, I beg you will esteem it as coming from a Heart not only candid in its Sentiments, but at the same Time penetrated with a Sense of the Highest Gratitude to you for the noble Offer of your Assistance, which, it is our misfortune, that under present Circumstances, we are not able to avail ourselves of.

It affords me singular pleasure, to have it in my power to transmit to you the enclosed copy of an act of Congress, of the 7th instant, by which you are released from the disagreeable circumstances in which you have so long been. Supposing you would wish to go into New York as soon as possible, I also enclose a passport for that purpose.

After giving you the foregoing Opinion upon present Appearances, I have only to add that in Case Circumstances should turn up so differently to our present Ideas, that you should, with the Advice of Genl. de Choisy think the attempt practicable, I can only refer you to the State of Massa. for such aid in Men, Cannon, Mortars, & Stores, as you shall judge necessary, it being the only practicable mode in which I can coöperate with your designs—and this Recommendation shall be most cheerfully given.

Your letter of the 18th of October came regularly to my hands. I beg you to believe, that my not answering it sooner, did not proceed from inattention to you, or a want of feeling for your situation. I daily expected a determination of your case, and I thought it better to await that, than to feed you with hopes, that might, in the end, prove fruitless. You will attribute my detention of the enclosed letters, which have been in my hands about a fortnight, to the same cause.

The Chevalier de la Luzerne has requested me to establish a regular Chain of Communication between my Head Quarters and Boston, for the purpose of giving you the earliest Intelligence of every minute Circumstance that may occur respecting the Arrival or Operations of the British fleet at N. York, and for the purpose of free Intercourse with you on any other Circumstance that may turn up. You may depend, Sir, that this Establishment shall be immediately formed, and that every Service I can possibly render you in this or in any other Way in my power shall be most cheerfully afforded.

I cannot take leave of you, Sir, without assuring you, that, in whatever light my agency in this unpleasing affair may be viewed, I was never influenced, through the whole of it, by sanguinary motives, but by what I conceived a sense of my duty, which loudly called upon me to take measures, however disagreeable, to prevent a repetition of those enormities, which have been the subject of discussion. And that this important end is likely to be answered, without the effusion of the blood of an innocent person, is not a greater relief to you, than it is to, Sir, your most obedient and humble servant.

With the purest sentiments of Respect and Esteem, I have, &c.1

[1 ]The case of Captain Asgill was laid before Count de Vergennes by Lady Asgill, and that minister wrote the following letter to Washington:

“It is not in quality of a King, the friend and ally of the United States, (though with the knowledge and consent of his Majesty) that I now have the honor to write to your Excellency. It is as a man of sensibility and a tender father, who feels all the force of paternal love, that I take the liberty to address to your Excellency my earnest solicitations in favor of a mother and family in tears. Her situation seems the more worthy of notice on our part, as it is to the humanity of a nation at war with her own, that she has recourse, for what she ought to receive from the impartial justice of her own generals.

“I have the honor to enclose to your Excellency a copy of a letter, which Lady Asgill has just written me. I am not known to her, nor was I acquainted that her son was the unhappy victim, destined by lot to expiate the odious crime that a formal denial of justice obliges you to avenge. Your Excellency will not read this letter without being extremely affected: it had that effect upon the King and Queen, to whom I communicated it. The goodness of their Majesties’ hearts induces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured. I felt, Sir, that there are cases where humanity itself exacts the most extreme rigor; perhaps the one now in question may be of the number; but, allowing reprisals to be just, it is not less horrid to those who are the victims; and the character of your Excellency is too well known, for me not to be persuaded that you desire nothing more than to be able to avoid the disagreeable necessity.

“There is one consideration, Sir, which, though it is not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the King contributed to put into your hands at Yorktown. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. If it is in your power, Sir, to consider and have regard to it, you will do what is agreeable to their Majesties; the danger of young Asgill, the tears, the despair of his mother, affect them sensibly: and they will see with pleasure the hope of consolation shine out for those unfortunate people.

“In seeking to deliver Mr. Asgill from the fate which threatens him, I am far from engaging you to secure another victim; the pardon, to be perfectly satisfactory, must be entire. I do not imagine it can be productive of any bad consequences. If the English general has not been able to punish the horrible crime you complain of, in so exemplary a manner as he should, there is reason to think he will take the most efficacious measures to prevent the like in future.

“I sincerely wish, Sir, that my intercession may meet success; the sentiment which dictates it, and which you have not ceased to manifest on every occasion, assures me, that you will not be indifferent to the prayers and to the tears of a family, which has recourse to your clemency through me. It is rendering homage to your virtue to implore it.”—Versailles, 29 July, 1782.

Washington sent the letter to Congress by special messenger, without any observations, and in that body the question was referred on the 29th to Rutledge, Osgood, Montgomery, Boudinot, and Duane. On September 7th was reported a resolution directing the release of Asgill. To the French minister Washington wrote on November 19th:

“This moment I received the resolution of Congress in favor of Captain Asgill. I transmitted it to him and at the same time sent him my Passport to go into New York. It will depend on him to go to Europe, if he pleases—his Parole not being limited.”

“Your Excellency will have been informed, before this reaches you, of the liberation of Captain Asgill. I am, notwithstanding, directed to recall your attention to that part of your letter of the 3d of August last, in which you say, ‘I have given orders to the judge-advocate to make further inquisition, and to collect evidence for the prosecution of such other persons as may appear to have been criminal in this transaction.’ In full confidence, that measures have been taken to carry your Excellency’s intentions into execution, I have to request the favor of you to inform me what probability there is, that the persons who have been really guilty of the action, which has been the subject of former discussion, will be brought to a proper account.”—Washington to Sir Guy Carleton, 20 November, 1782. Sir Guy deprecated a reopening of the question, and it rested there.

[1 ]The case of Captain Asgill was laid before Count de Vergennes by Lady Asgill, and that minister wrote the following letter to Washington:

“It is not in quality of a King, the friend and ally of the United States, (though with the knowledge and consent of his Majesty) that I now have the honor to write to your Excellency. It is as a man of sensibility and a tender father, who feels all the force of paternal love, that I take the liberty to address to your Excellency my earnest solicitations in favor of a mother and family in tears. Her situation seems the more worthy of notice on our part, as it is to the humanity of a nation at war with her own, that she has recourse, for what she ought to receive from the impartial justice of her own generals.

“I have the honor to enclose to your Excellency a copy of a letter, which Lady Asgill has just written me. I am not known to her, nor was I acquainted that her son was the unhappy victim, destined by lot to expiate the odious crime that a formal denial of justice obliges you to avenge. Your Excellency will not read this letter without being extremely affected: it had that effect upon the King and Queen, to whom I communicated it. The goodness of their Majesties’ hearts induces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured. I felt, Sir, that there are cases where humanity itself exacts the most extreme rigor; perhaps the one now in question may be of the number; but, allowing reprisals to be just, it is not less horrid to those who are the victims; and the character of your Excellency is too well known, for me not to be persuaded that you desire nothing more than to be able to avoid the disagreeable necessity.

“There is one consideration, Sir, which, though it is not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the King contributed to put into your hands at Yorktown. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. If it is in your power, Sir, to consider and have regard to it, you will do what is agreeable to their Majesties; the danger of young Asgill, the tears, the despair of his mother, affect them sensibly: and they will see with pleasure the hope of consolation shine out for those unfortunate people.

“In seeking to deliver Mr. Asgill from the fate which threatens him, I am far from engaging you to secure another victim; the pardon, to be perfectly satisfactory, must be entire. I do not imagine it can be productive of any bad consequences. If the English general has not been able to punish the horrible crime you complain of, in so exemplary a manner as he should, there is reason to think he will take the most efficacious measures to prevent the like in future.

“I sincerely wish, Sir, that my intercession may meet success; the sentiment which dictates it, and which you have not ceased to manifest on every occasion, assures me, that you will not be indifferent to the prayers and to the tears of a family, which has recourse to your clemency through me. It is rendering homage to your virtue to implore it.”—Versailles, 29 July, 1782.

Washington sent the letter to Congress by special messenger, without any observations, and in that body the question was referred on the 29th to Rutledge, Osgood, Montgomery, Boudinot, and Duane. On September 7th was reported a resolution directing the release of Asgill. To the French minister Washington wrote on November 19th:

“This moment I received the resolution of Congress in favor of Captain Asgill. I transmitted it to him and at the same time sent him my Passport to go into New York. It will depend on him to go to Europe, if he pleases—his Parole not being limited.”

“Your Excellency will have been informed, before this reaches you, of the liberation of Captain Asgill. I am, notwithstanding, directed to recall your attention to that part of your letter of the 3d of August last, in which you say, ‘I have given orders to the judge-advocate to make further inquisition, and to collect evidence for the prosecution of such other persons as may appear to have been criminal in this transaction.’ In full confidence, that measures have been taken to carry your Excellency’s intentions into execution, I have to request the favor of you to inform me what probability there is, that the persons who have been really guilty of the action, which has been the subject of former discussion, will be brought to a proper account.”—Washington to Sir Guy Carleton, 20 November, 1782. Sir Guy deprecated a reopening of the question, and it rested there.