Memoir of General Graham : with notices of the campaigns in which he was engaged from 1779 to 1801

Front matter

(flotnell Inineraitg ICtbrarg

3tlfara, New ^Jnrlt

BOUGHT WITH THE INCOME OF THE

Contents

CHAPTEE I.

Birth-place . . . Parents . . . Account of Paisley . . . Education... Entrance into tlie army . . . .

CHAPTEE II.

Chapter The Seventh

Correspondence relative to tlie selection of an Officer to be Executed, as a measiLre of retaliation — Lots drawn.

Whilst hostilities were carried on in America, there was a board at New York styled the Board of Ix)yalists, who managed all matters relating to that unfortunate class. The warfare carried on betwixt these people and the American republicans has been already alluded to as being almost distinct from that of the two armies. It was also characterised by the exercise of cruelties of many kinds on both sides. The following correspondence took place at this time, arising out of an occurrence in this irregular warfare : —

" To Hjs Excellency Sir Henry Clinton, Commander-in- Chief, etc., etc.

" Sir — The enclosed representation of the inhabitants of Monmouth, with testimonials to the fact (which can be corroborated by other unquestionable evidence), will bring before your excellency the most wanton, cruel, and unprecedented murder that ever disgraced the arms of a civilized people. I shall not, because I tHnk it altogether imnecessary, trouble your excellency with any animadversions on this transaction. Candour obliges me to be explicit, to save the innocent I demand the guilty. Captain Lippencot, or the officer who commanded at the execution of Captain Huddy, must be given up, or if that officer was of inferior rank to him, so many of the perpetrators as will, according to the tariff of exchange, be an equivalent. To do this will 'mark the justice of your excellency's character ; in failure of it, I shall hold myself justified in the eyes of God and man for the measures to which I shall resort. I beg your excellency to be persuaded that it cannot be more disagreeable to you to be addressed in this language than it is for me to offer it, but the subject requires frankness and decision. I have to request your speedy determination, as my resolution is suspended but for your answer.

(Signed) « G. Washington.

"Head-Quarters, 21st April 1782."

(Reply.)

" To His Excellency General Washington.

" Sir — Your letter of the 21 st instant, with the enclosed testimonials of Captaia Huddy's execution, was delivered to me yesterday ; though I am extremely concerned for the cause, I cannot conceal my surprise and

SIR H. CLINTON TO GENEEAl WASHINGTON. 77

displeasure at the very improper language you have made use of, which you could not but he sensible was totally unnecessary. The mildness of the British Government does not admit of acts of cruelty and persecuting violence, and as they are notoriously contrary to the tenor of my own conduct and disposition, having yet never stained my hands with innocent blood, I must claim the justice of having it believed that if any such have been committed by any person under my command, they could not have been warranted by my authority, nor can they ever have the sanction of my approbation. My personal feelings, therefore, need no incitement to urge me to take every proper notice of the barbarous outrage against humanity which you have described to me the moment it came to my knowledge ; and accordingly, when 1 heard of Captain Huddy's death, which was only four days before I received your letter, I instantly ordered a strict iaquiry to be made into all its circumstances, and shall bring the perpetrators of it to an immediate trial. To sacrifice innocence under the notion of preventing guilt in place of suppressing, would be adopting barbarity and raising it to the greatest height, whereas, if the violators of the laws of war were punished by the generals under whose power they act, the horrors which these laws were formed to prevent would be avoided, and every degree of humanity war is capable of maintained. Could violations of humanity be justified by example, many from the parts where your power prevails, that exceed and probably gave rise to this in question, could be produced. In hopes that the mode I mean to pursue wUl be adopted by you, and prevent all future enormities, I have the honour to be, sir, your excellency's etc., etc., etc.,

(Signed) " Henry Clinton.

"New York, 22d April 1782."

His excellency Sir Hemy Clinton having embarked on his return to England, Lieutenant-General Eobertson, on whom the temporary command devolved, addressed General Washington on this subject, and received the following reply : —

" Head Quarters, U7i May 1782.

" Sir — I had the honour to receive your letter of the 1st instant. Tour excellency is acquainted with the determination expressed in my letter to Sir Henry Clinton, of the 21st AprU. I have now to inform you, that so far from receding from that resolution, orders are given to designate a British officer for retaliation ; the time and place are fixed, but I still hope the result of your court-martial will prevent the dreadful alternative.

(Signed) « G. Washington.

" To his Excellency General Eobertson.''

His Excellency Sir Guy Carleton having arrived at

SIR GUY CAELETON. 79

New York, as successor to Sir Henry Clinton, wrote to General Washington : —

" New Yoek, *Jih May 1782.

" Sir — I am much concerned to find that private and unauthorized persons have on both sides given way to their passions, which ought to have received the strongest and most effectual control, and which has hegot acts of retaliation, which, without proper preventions, may have an extent equally calamitous and dishonourable to both parties, though, as it should seem, more extensively pernicious to the natives and settlers of this country. How much soever we differ in other respects, upon this one point we must perfectly concur, being alike interested to preserve the name of Englishmen from reproach, and individuals from experiencing such unnecessary evils as can have no effect on general decisions. Every proper measure that may tend to prevent these criminal excesses on individuals 1 shall ever be ready to embrace ; and as an advance on my part, I have, as the first act of my command, enlarged Mr. Livingston, and have written to his father in New Jersey, desiring his concurrence in such measures as even under the conditions of war, the common interests of humanity require. (Signed) Guy Cakleton. " To Hs Excellency General Washington."

(Eeply.) "Head Quarters, 9ih May 1782.

" Sir — I had the honour this evening to receive your excellency's letters of the 7th instant, with the several papers iaclosed. Ever since the commencement of this unnatural war my conduct has borne invariable testimony against these inhuman excesses, that in too many instances have marked its various progress. With respect to a late transaction I have already expressed my fixed resolution — a resolution formed on the most mature deliberation, and from which I shall not recede. (Signed) " G. Washington.

" To Ms ExceUency Sir Guy Carleton."

Although the above letters were published in the Philadelphian newspapers, yet we had not an opportunity of seeing them at that time; but in all the papers we observed many inflammatory paragraphs calling upon General Washington and Congress to retaliate for cruelties exercised upon the Americans. I remained at Lancaster till about the middle of May with Major Gordon, and then returned to Little York, where the 76th lay, and had been there only a few days when I was surprised by a visit from the major. He appeared to be labouring under some affliction, being greatly de^ pressed in spirits. He begged of me not to ask him the cause, as he had pledged his honour not to divulge what

CAPTAINS ASSEMBLE AT LANCASTER. 81

had been communicated to him, but said that he had brought an order from the commanding officer at Lancaster, directing the officer in command at Little York to order all the British captains on parole there to repair to Lancaster next day. The major also requested that I would advise them each to take a servant, with spare necessaries, and that he expected to see them at his quarters next day soon after their arrival. Accordingly, having received the order from Colonel Gibson, I communicated the major's wishes to the captains, and on Sunday, 25th May, five lieutenants of the Foot Guards, one captaia 23d Eegiment, and two of the 76th Eegiment, set off for Lancaster, crossing the Susquehannah, and arrived there about three in the afternoon. We repaired to the major's quarters, where we were soon joined by one captain I7th, one captain 33d, two of the 80th Eegiments, and one of the Queen's Earigers, in all thirteen. The major addressed us in a most feeling manner, acquainting us that orders had arrived to send on one of us as a subject of retaliation for the murder of a Captain Huddy, said to have been put to death by the refugees. He assured us that no exertion should be wanting on his part to save the life of the unfortunate person, be he who he may, and read us letters which he had sketched out, expressed in the strongest terms to General Washington, to the President of Congress, to Count Eochambeau, and to the Chevalier de Lucerne,

S2 1^ MEMOIK OF GENERAL GEAHAM.

French consul at Philadelphia, and also one to Sir Guy Carleton at N"ew York, acquainting him of the transaction. " Moreover," said he, " Gentlemen, I beg leave to teU you, that I am determined to accompany the gentleman, whoever he may be, to the place of his destination, having obtained the general's promise to be allowed to do so. We parted, not a Little consoled by the thought of being accompanied by this excellent man ; and having been summoned to assemble next morning at nine o'clock at the Black Bear, on passing through the yard of that inn to the room we were directed to, we there saw a Dragoon of&cer and twenty dragoons, already mounted. In the room we met Brigadier-General Moses Hazan, the of&cer in command, Captain White, his aid-de-camp, and Mr. Witz, commissary of prisoners. The thirteen captains were —

Killed at Duakirk.

Died a brig.-gen. ia West Indies.

Died a lieut.-gen. and a baronet.

Earl Ludlow, and a general officer.

Quitted the army.

Captains Lawford MOls, 1 7tli Reg., served afterwards in mUitia. ,, Saumarez, 23d Eeg., now Sir Thomas, and Ueut.-general. „ Ingram, 33d Reg., died in the service. „ Graham, 76th Keg., a lie^itenant-general.

Barclay, 76th Eeg., served ia 54th Eeg., since dead. „ Arbuthnot, 80th Eeg., died in the service in W. Indies. „ Hathom, 80th Eeg., died on half-pay. „ Whitelocke (Queen's Eangers) settled in Nova Scotia, and accompanied by Major Gordon. After the usual

Lieuts. Eld,

„ Perryn, „ Asgin, „ Ludlow,

Foot Guards.

„ Greville,

GEKEEAL WASHINGTOK'S OEDEES. 83

salutations, the Brigadier-General, ■with much feeling, proceeded to read us the following letters, the Dragoon officer entering at the same time : — *

* In 1782, after the capitulation of Lord ComwalHs, manyloyalists luged Sir H. Clinton to threaten vengeance for injuries inflicted on those who had joined the royal standard, but he declined issuing a proclamation, and was deterred by the advice of the principal refugees from establishing the civil government, which would have permitted the trial of captive continentals as rebels. While he was engaged in projects of defence, and while commissioners appointed by TiiTn and General Washington were negociating for an exchange of prisoners, one Joshua Huddy, a captain in the service of Congress, was taken by a party of loyalists, and after being conveyed to several prisons, and confined some days, delivered with two others to a Captain Lippencott, for the ostensible purpose of being exchanged ; but Huddy was hung on a tree, with a label on his breast, denoting that his fate was a retaliation for that of one White, an associator. Sir Henry Clinton, highly resenting this disgraceful outrage on humanity, and insult on himself as commander, arrested Lippencott, and with the concurrence of a council of war, ordered him to be tried for murder. But the Americans were not appeased by this act of justice. The inhabitants of Monmouth County trrgently entreated General Washington, as the person in whom was lodged the sole power of avenging their wrongs, to bring a British officer of the same rank as Huddy to a similar end.

Acting with great promptitude on this requisition, the American commander wrote to the British general demanding that the murderers of Huddy should be given up to him.

Clinton expressed surprise and displeasure at the imperious language in which this communication was couched. The board of loyalists stated circumstances relating to the execution of Huddy, in which, though Lippencott had exceeded his authority and their orders, he had merely adopted the precedent shewn by the Americans in the case of White. Washington's letter was

84 MEMOIE OF GENEKAL aEAHAM.

" To Brigadier-General Moses Hazan, Commander at " Lancaster.

" Head Quaetees, Uh May 1782.

" Sir — The enemy persisting in that barbarous line of conduct they have pursued during the war, have lately most inhumanly executed Captain Joshua Huddy of the Jersey State troops, taken prisoner by them at a post on Tom's Eiver ; and, in consequence, I have written to the British commander-in-chief, that unless the perpetrators of this horrid deed were delivered up, I should be under the necessity of retaliating, as the only means left to put a stop to such inhuman proceedings. You wUl therefore immediately, on receipt of this, designate by lot for the above purpose, a British .captain who is an unconditional prisoner, if such a one is in our possession ; if not, a lieutenant under the same circumstances from amongst the prisoners at either of the posts

accompanied 'with depositions showing that Huddy was not concerned in the miu-der of White ; hut, on the other hand, Huddy confessed to his otsti activity in murdering associated loyalists.

Lippencott was tried hy court-martial ; he pleaded that he was not suhject to martial law, and by common laws could not be tried in New York for an offence committed in another state, New Jersey. These objections were overruled by the Chief- Justice and Attorney-General, but as it appeared that Lippencott acted under the orders of a board he was bound to obey, he was acquitted. Then the barbarous edict of retaliation was ordered to be enforced. — " Phillimore" on International Law.

GENERAL ■WASHINGTON'S OEDEES. 85

in Pennsylvania or Maryland. As soon as you have fixed upon the person, you will send him under a safe giiard to PhQadelphia, where the Minister of War will order a proper guard to receive and conduct him to his place of destination. For your information respecting the of&cers who are prisoners in our possession, I have ordered the commissary of prisoners to furnish you with a list of them. It will be forwarded with this. I need not mention that every possible tenderness that is consistent with the security of him, should be shewn to the person whose unfortunate lot it is to suffer.

(Signed) " G. Washington."

" To Brigadier-General Moses Hazan, Commander at " Lancaster.

" Head Qtjaetees, ISth May 1782.

" Sir — It was my wish, for the purpose of retaliation, to have taken an officer who was an unconditional prisoner of war ; but being informed by the Secretary at War that none of that description is in our power, I am under the disagreeable necessity to direct that you immediately proceed to select in the manner before prescribed, from amongst all the British captains who are prisoners either by capitulation or convention, who is to be sent on as soon as possible under the regulations and restrictions contained in my former letter to you. , (Signed) " G. Washington."

Having finished, he again addressed us, saying that it was much his wish that we should settle amongst ourselves who the unfortunate was to be ; but we unanimously declined, protesting against this breach of a solemn treaty, by which we had come into their power. Major Gordon also added, that these gentlemen were but a small portion of the captains of the army which had surrendered at York Town, and that if such a deed was to be done, the whole ought to be called upon, being certain that no one officer, let him be where he might at the time, would decline to take his chance. The brigadier replied that his instructions limited him to those only present. The major then said that there was another captain, he believed, now in Virginia, not yet arrived, belonging to the 4Sd Eegiment, and wished to have the decision put off. But the brigadier stated that his instructions particularly mentioned such as were in Maryland and Pennsylvania, and as he was directed to forward the unfortunate person directly, being himself a servant, he was obliged to comply. The brigadier then turning to his aid-de-camp, and to the commissary, the two latter left the room, and in a short time returned, each with a hat in his hand, and accompanied by a drum-boy. In one hat were the names of the thirteen captains, written on separate slips of paper ; in the other were thirteen slips of paper of the same size, upon one of which was marked unfortunate. A drum-boy

LOTS DRAWN. 87

drew a name, while the other drew the slip, until the eleventh, when the slip bearing the word came np, after that of Captaia AsgiU. The brigadier immediately addressed the dragoon officer, saying — " This gentleman, sir, is your prisoner ;" but Major Gordon prevailed upon him to delay the departure till next day, and also obtained leave to despatch an of&cer to New York without delay.

The meeting then broke up, and there being a vast crowd of persons assembled, their observation was — " What odd people these Britishers are ! they went in all cheerful and chatting before they knew which of them was to suffer for our good friend Captaia Huddy ; but now when they know, they all come out in tears, except the young man himself who has been selected." The Hon. Captain Ludlow having procured a swift horse, was furnished with Major Gordon's letter to Sir Guy Carleton at New York ; also with proper passports from General Hazan, and lost not a moment in setting off. The brigadier likewise promised to send off the major's letter to General Washington, which was accordingly written out nearly in these words : — ■

" To his Excellency General Washington, Commander-in- " Chief, etc., etc., etc.

« Sir — ^As field officer of the British prisoners of war at this place, I have the honour to inform your excel-

88 MEMOIE OP GENEKAL GEAHAM.

lency that Captain Charles Asgill of his Britannic Majesty's Eegiment of Poet Guards, a prisoner of war, on his parole of honour, in terms of the capitulation at York Town, whereof your excellency is a principal, with the Counts Eochambeau and De Grasse on one part, and the Earl Cornwallis and Commodore Symonds on the other, has been selected and put in close confinement by your excellency's orders, as an object for retaliation for a murder said to have been committed ia New Jersey by a banditti, styling themselves refugees, in direct violation of that solemn treaty, the fourteenth article of which expressly stipulates that no article shall be infringed on pretence of reprisals ; and if there are any doubtful expressions in it, they are to be interpreted according to the usual sense and meaning of the words. I do therefore demand, in the name of his most sacred Majesty George the Third, King of Great Britain and Ireland, my royal master, that you cause the said Captain AsgOl to be set at liberty, and admitted to his parole, in terms of the capitulation, as you shall be hereafter responsible. (Signed) James Gokdon."

A letter was written to the minister-at-war at Philadelphia, and to the Chevalier la Lucerne, French ambassador ; and a friend having informed the major that the Count Eochambeau was in Virginia, another was written to him, calling upon him to interfere ; and a messenger

MEANS TAKEN TO DELAY THE ESCORT. ■ 89

was found who delivered the letter into his own hands. The major being also informed that the party of dragoons who formed the escort had regular stages on the road, where forage was issued, and finding that the distances between each was considerable, a circumstance which wotdd enable them to reach Philadelphia ia a short time, and delay being most desirable on such an occasion, to give time for the letters to reach their destination, prevailed upon the general to allow him to choose his own stages, provided he furnished forage to the dragoons. Accordingly he lengthened out the journey several days ; but deeming this to be a service of a public nature, he directed Mr. Eyland, paymaster-general, to be prepared with £500 in money, to be carried with him next day for that and other purposes.

E 2

90 MEMOIR OF GENEEAL GKAHAM.