been sent on, notwithstanding the information, which you had received, of there being two unconditional prisoners of war in our possession. I much 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.*

operations of the war, and to the multiplied and increasing burdens, which everywhere bore heavily upon the people, he added;

"This must have shown to all, and to military men in particular, the weakness of republics, and the exertions the army have been able to make by being under a proper head. Therefore I little doubt, that, when the benefits of a mixed government are pointed out, and duly considered, such will be readily adopted. In this case it will, I believe, be uncontroverted, that the same abilities, which have led us through difficulties, apparently insurmountable by human power, to victory and glory, those qualities, that have merited and obtained the universal esteem and veneration of an army, would be most likely to conduct and direct us in the smoother paths of peace.

"Some people have so connected the ideas of tyranny and monarchy, as to 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 name. 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.

* From General Hazen's Letter.—“On the evening of the 25th instant I received your Excellency's letters of the 3d and 18th. As I had to collect the British captains, prisoners of war at this place and Yorktown,

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 description, may be conveyed to Philadelphia, under the same regulations and directions as were heretofore given, that he may take the place of Captain Asgill. In the mean time, lest any misinformation respecting Mr. Turner may have reached you, which

it was ten o'clock this morning before I could assemble those gentlemen together. 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. I must here beg leave to remark, that, since my command at this place, as far as I have been able to discover, those unfortunate officers have conducted with great propriety, and, as I sensibly feel for their disagreeable situation, I hold it as a part of my duty to endeavour to alleviate their distresses by such indulgences, as may not be prejudicial to our service." — Lancaster, May 27th.

Major Gordon, the principal officer among the British prisoners at Lancaster, wrote to Sir Guy Carleton as follows, after informing him of Captain Asgill's having been selected for retaliation.

"I have done all in my power to prevent it, which I hope will meet with your approbation. Lots were drawn by the captains of Lord Cornwallis's army present here, and when the unfortunate chance fell to Captain Asgill, he received it with that firm coolness, that would have reflected honor upon any officer in his Majesty's service. The delicate manner, in which General Hazen communicated his orders to the British officers, shows him to be a man of real feeling, and the mild treatment the prisoners have met with since we came to this place deserves the warmest acknowledgments of every British officer." — MS. Letter, May 27th.

might occasion further mistake and delay, Captain Asgill will be detained until I can learn the 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 exertion in your power to make the greatest despatch in the execution of this order. I am, dear Sir, &c.

TO COLONEL ELIAS DAYTON.

Head-Quarters, 4 June, 1782.

SIR,

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 permitted to go into New York, with an address to Sir Guy Carleton in 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 Carleton. At the same time, I would 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 prompts 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 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 COLONEL ELIAS DAYTON.

Head-Quarters, 11 June, 1782.

SIR,

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 of the decision of Sir

VOL. VIII.

39

Z*

Guy Carleton; 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 a close prisoner, in perfect security, till further orders.

TO ARCHIBALD CARY.

MY DEAR SIR,

Newburg, 15 June, 1782.

I have been honored with your favor of the 25th ultimo 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 road is opened, and which every good man is desirous of obtaining upon honorable terms. I thank you, my good Sir, for the resolves, which you did me the honor to enclose. They breathe a proper spirit, and with others of a like kind in the different assemblies will, it is to be hoped, convince the enemy, that it is both their interest and policy to be honest.

It gives me much pleasure to learn from so good authority as your pen, that the Assembly of Virginia