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in the "path of renown" had cost him a world of hardships. Thrown into irons as a felon, threatened with a halter, carried to England to be tried for treason, confined in Pendennis Castle, re-transported to Halifax, and now a prisoner in New York. "I have suffered everything short of death," writes he to the Assembly of his native State, Connecticut. He had, however, recovered health and suppleness of limb, and with them all his swelling rhetoric. "I am fired," writes he, "with adequate indignation to revenge both my own and my country's wrongs. I am experimentally certain I have fortitude sufficient to face the invaders of America in the place of danger, spread with all the horrors of war." And he concludes with one of his magniloquent, but really sincere expressions of patriotism: "Provided you can hit upon some measure to procure my liberty, I will appropriate my remaining days, and freely hazard my life in the service of the colony, and maintaining the American Empire. I thought to have enrolled my name in the list of illustrious American heroes, but was nipped in the bud !”

Honest Ethan Allen! his name will ever stand enrolled on that list; not illustrious, perhaps, but eminently popular.

His appeal to his native State had produced

Case of General Lee

55

an appeal to Congress, and Washington had been instructed, considering his long imprisonment, to urge his exchange. This had scarce been urged, when tidings of the capture of General Lee presented a case of still greater importance to be provided for. "I feel much for his misfortune," writes Washington, "and am sensible that in his captivity our country has lost a warm friend and an able officer." By direction of Congress, he had sent in a flag to inquire about Lee's treatment, and to convey him a sum of money. This was just previous to the second crossing of the Delaware.

Lee was now reported to be in rigorous confinement in New York, and treated with harshness and indignity. The British professed to consider him a deserter, he having been a lieutenant-colonel in their service, although he alleged that he had resigned his commission before joining the American army. Two letters which he addressed to General Howe, were returned to him unopened, inclosed in a cover directed to Lieutenant-Colonel Lee.

On the 13th of January, Washington addressed the following letter to Sir William Howe. "I am directed by Congress to propose an exchange of five of the Hessian field-officers taken at Trenton for Major-General Lee; or if this proposal should not be accepted, to demand

his liberty upon parole, within certain bounds, as has ever been granted to your officers in our custody. I am informed, upon good authority, that your reason for keeping him hitherto in stricter confinement than usual is, that you do not look upon him in the light of a common prisoner of war, but as a deserter from the British service, as his resignation has never been accepted, and that you intend to try him as such by a court-martial. I will not undertake to determine how far this doctrine may be justifiable among yourselves, but I must give you warning that Major-General Lee is looked upon as an officer belonging to, and under the protection of the United Independent States of America, and that any violence you may commit upon his life and liberty, will be severely retaliated upon the lives or liberties of the British officers, or those of their foreign allies in our hands."

In this letter he likewise adverted to the treatment of American prisoners in New York; several who had recently been released, having given the most shocking account of the barbarities they had experienced, "which their miserable, emaciated countenances confirmed."—"I would beg," added he, "that some certain rule of conduct towards prisoners be settled; and, if you are determined to

may

Sir William Perplexed

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make captivity as distressing as possible, let me know it, that we may be upon equal terms, for your conduct shall regulate mine."

Sir William, in reply, proposed to send an officer of rank to Washington, to confer upon a mode of exchange and subsistence of prisoners. "This expedient," observes he, “appearing to me effectual for settling all differences, will, I hope, be the means of preventing a repetition of the improper terms in which your letter is expressed and founded on the grossest misrepresentations. I shall not make any further comment upon it, than to assure you, that your threats of retaliating upon the innocent such punishment as may be decreed in the circumstances of Mr. Lee by the laws of his country, will not divert me from my duty in any respect; at the same time, you may rest satisfied that the proceedings against him will not be precipitated; and I trust that, in this, or in any other event in the course of my command, you will not have just cause to accuse me of inhumanity, prejudice, or passion."

Sir William, in truth, was greatly perplexed with respect to Lee, and had written to England to Lord George Germaine for instructions in the case. General Lee," writes he, ing considered in the light of a deserter, is kept a close prisoner; but I do not bring him to

be

trial, as a doubt has arisen, whether, by a public resignation of his half-pay prior to his entry into the rebel army, he was amenable to the military law as a deserter."

The proposal of Sir William, that all disputed points relative to the exchange and subsistence of prisoners should be adjusted by referees, led to the appointment of two officers for the purpose; Colonel Walcott by General Howe, and Colonel Harrison, "the old secretary," by Washington. In the contemplated exchanges was that of one of the Hessian fieldofficers for Colonel Ethan Allen.

The haughty spirit of Lee had experienced a severe humiliation in the late catastrophe; his pungent and caustic humor is at an end. In a letter addressed shortly afterwards to Washington, and inclosing one to Congress which Lord and General Howe had permitted him to send, he writes, as the contents are of the last importance to me, and perhaps not less so to the community, I most earnestly entreat, my dear general, that you will despatch it immediately, and order the Congress to be as expeditious as possible."

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The letter contained a request that two or three gentlemen might be sent immediately to New York, to whom he would communicate what he conceived to be of the greatest impor

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