XL.

CHAPTER to the State of New York. But they were ready, in fact, to rob any body; and the cattle thus obtained were often 1780. sold to the Cow Boys in exchange for dry goods brought from New York. By a state law, all cattle driven toward the city were lawful plunder when beyond a certain line; and a general authority was given to any body to arrest suspicious travelers.

The road to Tarrytown, on which Andre was traveling, was watched that morning by a small party, on the look-out for cattle or travelers; and just as Andre approached the village, while passing a small brook, a man sprang from among the bushes and seized the bridle of his horse. He was immediately joined by two others; and Andre, in the confusion of the moment, deceived by the answers of his captors, who professed to belong to the "Lower" or British party, instead of producing his pass, avowed himself a British officer, on business of the highest importance. Discovering his mistake, he offered his watch, his purse, any thing they might name, if they would suffer him to proceed. His offers were rejected; he was searched, suspicious papers were found in his stockings, and he was carried before Colonel Jamison, the commanding officer on the lines.

Jamison recognized in the papers, which contained a full description of West Point and a return of the forces, the hand-writing of Arnold; but, unable to realize that his commanding officer was a traitor, while he forwarded the papers by express to Washington at Hartford, he di rected the prisoner to be sent to Arnold, with a letter mentioning his assumed name, his pass, the circumstances of his arrest, and that papers of " a very suspicious character" had been found on his person. Major Talmadge, the second in command, had been absent while this was doing. Informed of it on his return, with much diffi

XLI.

culty he procured the recall of the prisoner; but Jamison CHAPTER persisted in sending forward the letter to Arnold. Washington, then on his return from Hartford, missed the ex- 1780. press with the documents; his aids-de-camp, who preceded him, were breakfasting at Arnold's house when Sept. 24. Jamison's letter arrived. Pretending an immediate call to visit one of the forts on the opposite side of the river, Arnold rose from table, called his wife up stairs, left her in a fainting fit, mounted a horse which stood saddled at the door, rode to the river side, threw himself into his barge, passed the forts waving a handkerchief by way of flag, and ordered his boatmen to row for the Vulture. Safe on board, he wrote a letter to Washington, asking. protection for his wife, whom he declared ignorant and innocent of what he had done.

Informed of Arnold's safety, and perceiving that no hope of escape existed, Andre, in a letter to Washington, avowed his name and true character. A board of officers was constituted to consider his case, of which Sept. 29. Greene was president, and La Fayette and Steuben were members. Though cautioned to say nothing to criminate himself, Andre frankly told the whole story, declaring, however, that he had been induced to enter the American lines contrary to his intention and by the misrepresentations of Arnold. Upon his own statements, without examining a single witness, the board pronounced him a spy, and, as such, doomed him to speedy death.

1

Clinton, who loved Andre, made every effort to save him. As a last resource, Arnold wrote to Washington, stating his view of the matter, threatening retaliation, and referring particularly to the case of Gadsden and the other South Carolina prisoners at St. Augustine. The manly and open behavior of Andre, and his highly amiable private character, created no little sympathy in

CHAPTER ered; the British captives were released ; one hundred XL. and fifty Americans were killed, and three hundred made 1780. prisoners. Sumter himself escaped with difficulty; his corps was completely dispersed.

No organized American force was now left in either of the Carolinas. Should the British army advance, it would be impossible to make any stand at Charlotte, a little village in an open plain. Gates retired first to Salisbury, and then to Hillsborough, the seat of the North Carolina government, where he made all possible efforts toward the collection and organization of a new army. But the great number of Tories in North Carolina, many open and more secret, paralyzed, to a great degree, the energies of that state. To promote military subordination, and as a means of filling up the Continental quota, deserters from the militia were punished, under an act of Assembly, by being compelled to enlist in the regular battalions. But for these unwilling recruits there was neither clothing nor arms. The three Southern states had not a single battalion in the field, nor were the next three much better provided. The Virginia line had been most⚫ly captured at Charleston, or dispersed in subsequent engagements. The same was the case with the North Carolina regiments. The recent battle of Camden had reduced the Maryland line to a single regiment, the Delaware line to a single company. Out of the straggling soldiers, the survivors of that fatal field, and new recruits that came in from Virginia, Gates presently organized a force of about a thousand men. Great efforts were made by Maryland, where Thomas Sim Lee was now governor, to supply her deficient regiments. The militia were divided into classes, each class being required to furnish a soldier, either free or a slave. In the Maryland as well as other Continental lines, many negroes served with

credit, and were rewarded with their liberty in conse- CHAPTER

quence.

XL.

It was impossible for Cornwallis to follow up his vic- 1780. tory by invading North Carolina till he had first received supplies and re-enforcements. Meanwhile, he took strong measures for restraining that spirit of insurrection so generally displayed on Gates's approach. Among the prisoners taken at Sumter's defeat were some who had formerly submitted, and taken British protections. Several of these were hung upon the spot, and all who should imitate their conduct were threatened with a like fate. An order was issued for sequestrating the property of all who had left the province to join the king's enemies, and of all who held commissions under Congress, or who opposed the re-establishment of the royal authority. Gadsden, and forty other principal inhabitants of Charleston, accused of violating their parole by correspondence with the enemy, were seized and sent prisoners to St. Augustine. Measures of this sort, which they had employed without scruple against their Tory neighbors, seemed to the Whigs of South Carolina excessively cruel when exercised upon themselves.

But these severities did not suppress the spirit of revolt. Partisan corps again made their appearance. Marion, who had great talents for that sort of service, issued afresh from the swamps of the Peedee. Sumter presently collected a new force, with which he harassed the northwestern districts, and in which he was aided by volunteers from beyond the mountains. These officers, both formerly colonels in the Continental line, were commissioned by Rutledge as generals. But the utmost of which they were capable, without assistance from the North, was a mere guerilla warfare.

XLI.

CHAPTER his behalf; but martial policy was thought to demand his execution. He was even denied his last request to 1780. be shot instead of being hanged. Though in strict acOct. 2. cordance with the laws of war, Andre's execution was denounced in England as inexorable and cruel. It certainly tended to aggravate feelings already sufficiently bitter on both sides.

The committee at camp, of which Schuyler was chairman, had matured at length, in conjunction with Washington, a plan for a new organization of the army, to Oct. 8. which Congress gave its assent. The remains of the sixteen additional battalions were to be disbanded, and the men to be distributed to the state lines. The organization was also changed. The army was to consist of fifty regiments of foot, including Hazen's, four regiments of artillery, and one of artificers, with the two partisan corps under Armand and Lee, and four other legionary corps, two thirds horse and one third foot. All new enlistments were to be for the war. Massachusetts and Virginia were to furnish eleven regiments each, Pennsylvania nine, Connecticut six, Maryland five, North Carolina four, New York three, New Hampshire, New Jersey, and South Carolina two each, Rhode Island, Delaware, and Georgia each one. Hazen's regiment, and the corps of Armand and Lee, were to be recruited at large. If full, this army would have amounted to thirty-six thousand men; but never half that number were in the field.

The officers thrown out by this new arrangement were to be entitled to half pay for life, now promised also to all officers who should serve till the end of the war. Washington's earnest and repeated representations had extorted this promise from Congress, in spite of the opposition of Samuel Adams, and of a party which he head