IT is the nature of compassion to associate with misfortune; and I
address this to you in behalf even of an enemy, a captain in the
British service, now on his way to the headquarters of the American
army, and unfortunately doomed to death for a crime not his own. A
sentence so extraordinary, an execution so repugnant to every human
sensation, ought never to be told without the circumstances which
produced it: and as the destined victim is yet in existence, and in
your hands rests his life or death, I shall briefly state the case,
and the melancholy consequence.
Captain Huddy, of the Jersey militia, was attacked in a small fort
on Tom's River, by a party of refugees in the British pay and service,
was made prisoner, together with his company, carried to New York
and lodged in the provost of that city: about three weeks after which,
he was taken out of the provost down to the water-side, put into a
boat, and brought again upon the Jersey shore, and there, contrary
to the practice of all nations but savages, was hung up on a tree, and
left hanging till found by our people who took him down and buried
him.
The inhabitants of that part of the country where the murder was
committed, sent a deputation to General Washington with a full and
certified statement of the fact. Struck, as every human breast must
be, with such brutish outrage, and determined both to punish and
prevent it for the future, the General represented the case to General
Clinton, who then commanded, and demanded that the refugee officer who
ordered and attended the execution, and whose name is Lippencott,
should be delivered up as a murderer; and in case of refusal, that the
person of some British officer should suffer in his stead. The demand,
though not refused, has not been complied with; and the melancholy lot
(not by selection, but by casting lots) has fallen upon Captain
Asgill, of the Guards, who, as I have already mentioned, is on his way
from Lancaster to camp, a martyr to the general wickedness of the
cause he engaged in, and the ingratitude of those whom he served.
The first reflection which arises on this black business is, what
sort of men must Englishmen be, and what sort of order and
discipline do they preserve in their army, when in the immediate place
of their headquarters, and under the eye and nose of their
commander-in-chief, a prisoner can be taken at pleasure from his
confinement, and his death made a matter of sport.
The history of the most savage Indians does not produce instances
exactly of this kind. They, at least, have a formality in their
punishments. With them it is the horridness of revenge, but with
your army it is a still greater crime, the horridness of diversion.
The British generals who have succeeded each other, from the time of
General Gage to yourself, have all affected to speak in language
that they have no right to. In their proclamations, their addresses,
their letters to General Washington, and their supplications to
Congress (for they deserve no other name) they talk of British
honor, British generosity, and British clemency, as if those things
were matters of fact; whereas, we whose eyes are open, who speak the
same language with yourselves, many of whom were born on the same spot
with you, and who can no more be mistaken in your words than in your
actions, can declare to all the world, that so far as our knowledge
goes, there is not a more detestable character, nor a meaner or more
barbarous enemy, than the present British one. With us, you have
forfeited all pretensions to reputation, and it is only by holding you
like a wild beast, afraid of your keepers, that you can be made
manageable. But to return to the point in question.
Though I can think no man innocent who has lent his hand to
destroy the country which he did not plant, and to ruin those that
he could not enslave, yet, abstracted from all ideas of right and
wrong on the original question, Captain Asgill, in the present case,
is not the guilty man. The villain and the victim are here separated
characters. You hold the one and we the other. You disown, or affect
to disown and reprobate the conduct of Lippincut, yet you give him a
sanctuary; and by so doing you as effectually become the executioner
of Asgill, as if you had put the rope on his neck, and dismissed him
from the world. Whatever your feelings on this interesting occasion
may be are best known to yourself. Within the grave of your own mind
lies buried the fate of Asgill. He becomes the corpse of your will, or
the survivor of your justice. Deliver up the one, and you save the
other; withhold the one, and the other dies by your choice.
On our part the case is exceeding plain; an officer has been taken
from his confinement and murdered, and the murderer is within your
lines. Your army has been guilty of a thousand instances of equal
cruelty, but they have been rendered equivocal, and sheltered from
personal detection. Here the crime is fixed; and is one of those
extraordinary cases which can neither be denied nor palliated, and
to which the custom of war does not apply; for it never could be
supposed that such a brutal outrage would ever be committed. It is
an original in the history of civilized barbarians, and is truly
British.
On your part you are accountable to us for the personal safety of
the prisoners within your walls. Here can be no mistake; they can
neither be spies nor suspected as such; your security is not
endangered, nor your operations subjected to miscarriage, by men
immured within a dungeon. They differ in every circumstance from men
in the field, and leave no pretence for severity of punishment. But if
to the dismal condition of captivity with you must be added the
constant apprehensions of death; if to be imprisoned is so nearly to
be entombed; and if, after all, the murderers are to be protected, and
thereby the crime encouraged, wherein do you differ from [American]
Indians either in conduct or character?
We can have no idea of your honor, or your justice, in any future
transaction, of what nature it may be, while you shelter within your
lines an outrageous murderer, and sacrifice in his stead an officer of
your own. If you have no regard to us, at least spare the blood
which it is your duty to save. Whether the punishment will be
greater on him, who, in this case, innocently dies, or on him whom sad
necessity forces to retaliate, is, in the nicety of sensation, an
undecided question? It rests with you to prevent the sufferings of
both. You have nothing to do but to give up the murderer, and the
matter ends.
But to protect him, be he who he may, is to patronize his crime, and
to trifle it off by frivolous and unmeaning inquiries, is to promote
it. There is no declaration you can make, nor promise you can give
that will obtain credit. It is the man and not the apology that is
demanded.
You see yourself pressed on all sides to spare the life of your
own officer, for die he will if you withhold justice. The murder of
Captain Huddy is an offence not to be borne with, and there is no
security which we can have, that such actions or similar ones shall
not be repeated, but by making the punishment fall upon yourselves. To
destroy the last security of captivity, and to take the unarmed, the
unresisting prisoner to private and sportive execution, is carrying
barbarity too high for silence. The evil must be put an end to; and
the choice of persons rests with you. But if your attachment to the
guilty is stronger than to the innocent, you invent a crime that
must destroy your character, and if the cause of your king needs to be
so supported, for ever cease, sir, to torture our remembrance with the
wretched phrases of British honor, British generosity and British
clemency.
From this melancholy circumstance, learn, sir, a lesson of morality.
The refugees are men whom your predecessors have instructed in
wickedness, the better to fit them to their master's purpose. To
make them useful, they have made them vile, and the consequence of
their tutored villany is now descending on the heads of their
encouragers. They have been trained like hounds to the scent of blood,
and cherished in every species of dissolute barbarity. Their ideas
of right and wrong are worn away in the constant habitude of
repeated infamy, till, like men practised in execution, they feel
not the value of another's life.
The task before you, though painful, is not difficult; give up the
murderer, and save your officer, as the first outset of a necessary
reformation.