fear, that the enemy, knowing our delicacy respecting the propriety of retaliating upon a capitulation officer in any case, and being acquainted that unconditional prisoners are within our power, will put an unfavorable construction upon this instance of our conduct. At least, under present circumstances, Captain Asgill's application to Sir Guy Carleton will, I fear, be productive of remonstrance and recrimination only, which may possibly tend to place the subject upon a disadvantageous footing.'

find it very difficult to separate them. It may therefore be requisite to give the head of such a constitution, as I propose, some title apparently more moderate; but if all other things were once adjusted, I believe strong arguments might be produced for admitting the title of KING, which I conceive would be attended with some material advantages."

That this hint was well understood by Washington, is evident from the tone of his rebuke, which is stern, direct, and severe, and such as to preclude most effectually any further advances. Nor is it to be presumed, that Colonel Nicola was alone in the scheme thus put forward under the sanction of his There was unquestionably at this time, and for some time afterwards, a party in the army, neither small in number, nor insignificant in character, prepared to second and sustain a measure of this kind, which they conceived necessary to strengthen the civil power, draw out the resources of the country, and establish a durable government.-Sparks.

name.

"At the drawing of lots, which was done in the presence of Major Gordon and all the British captains within the limits prescribed, the unfortunate lot has fallen on Captain Charles Asgill, of the guards, a young gentleman nineteen years of age; a most amiable character; the only son of Sir Charles Asgill; heir to an extensive fortune and an honorable title; and of course he has great interest in the British court and army. The British officers are highly enraged at the conduct of Sir Henry Clinton; they have solicited my leave to send an officer to New York on this occasion, or that I would intercede with the minister of war to grant it. Being fully convinced, that no inconvenience could possibly arise to our cause from this indulgence, but, on the contrary, that good policy and humanity dictate the measure, I was pleased at the application, and with cheerfulness have recommended to the minister of war to grant the honorable Captain Ludlow, son to the Earl of Ludlow, leave to carry the representations of those unfortunate officers, who openly declare they have been deserted by their general, and given up to suffer for the sins of the guilty."-Hazen to Washington, 27 May, 1782.

To remedy, therefore, as soon as possible this mistake, you will be pleased immediately to order, that Lieutenant Turner, the officer you mention to be confined in York gaol, or any other prisoner, who falls within my first description, may be conveyed on to Philadelphia, under the same regulations and directions as were heretofore given, that he may take the place of Captain Asgill. In the meantime, lest any misinformation respecting Mr. Turner may have reached you, which might occasion further mistake and delay, Captain Asgill will be detained until I can learn a certainty of Lieutenant Turner's or some other officer's answering our purpose; and, as their detention will leave the young gentleman now with us in a very disagreeable state of anxiety and suspense, I must desire, that you will be pleased to use every means in your power to make the greatest despatch in the execution of this order.

I am, dear Sir, &c.

SIR,

TO COLONEL ELIAS DAYTON.

HEAD-QUARTERS, 4 June, 1782.

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.

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.'

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

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 am, dear Sir, &c.

TO MAJOR-GENERAL LINCOLN.

MY DEAR SIR,

5 June, 1782.

Col. Hazen's sending an Officer under the capitulation of York Town for the purpose of retaliation, has distressed me exceedingly-Be so good as to give me your opinion of the propriety of doing this upon Cap: Asgill if we should be driven to it for want of an unconditional prisoner.

Presuming that this matter has been a subject of much conversation; pray, with your own, let me know the opinions of the most sensible of those with whom you have conversed.

Congress by their Resolve has unanimously approved of my determination to retaliate-the Army have advised it—and the Country look for it-But how far it is justifiable upon an Officer under the faith of a Capitulation, if none other can be had, is the question?

Hazen's sending Captn. Asgill on for this purpose making the matter more distressing, as the whole

me-that I can attend to no application but such as shall be made by the British Commander in chief."

business will have the appearance of a farce, if some person is not sacraficed to the mains of poor Huddy; which will be the case, if an unconditional prisoner can not be found, and Asgill escapes

I write to you in exceeding great haste; but beg your sentiments may be transmitted as soon as possible (by Express) as I may be forced to a decision in the course of a few days.

*

1

MY DEAR SIR,

TO ARCHIBALD CARY.

HEAD QRS., NEWBURG, 15 June, 1782.

I have been honored with your favor of the 25th ulto. enclosing sundry resolutions of your Assembly, respecting the insidious manoeuvres of the enemy, who, it is evident, cannot mean well, because they take indirect steps to obtain that, to which a plain

"You will inform me, as early as possible, of the present situation of Captain Asgill, the prisoner destined for retaliation, and what prospect he has of relief from his application to Sir Guy Carleton, which I have been informed he has made through his friend Captain Ludlow. I have heard nothing yet from New York in consequence of this application. His fate will be suspended till I can be informed the decision of Sir Guy; but I am impatient, lest this should be unreasonably delayed. The enemy ought to have learned before this, that my resolutions are not to be trifled with. I am, &c.

"P. S. I am informed that Captain Asgill is at Chatham without guard, and under no constraint. This, if true, is certainly wrong. I wish to have the young gentleman treated with all the tenderness possible, consistent with his present situation; but, until his fate is determined, he must be considered as a close prisoner, and be kept in the greatest security. I request, therefore, that he be sent immediately to the Jersey line, where he is to be kept close prisoner, in perfect security, till further orders.”—Washington to Colonel Dayton, 11 June, 1782.