USA > New Jersey > Monmouth County > Old times in old Monmouth > Part 15
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Capt. Huddy, then asked the aforesaid John Tilton, what charge was brought against him ; that the aforesaid Tilton re- plied, for that he, the aforesaid Capt. Hud- dy, had taken a certain Philip White prisoner, and after carrying him, the afore- said Philip White, six miles up in the country, that he, the aforesaid Capt. Hud dy, had cut off both his, (the aforesaid Philip White's,) arms, broke both his, (the aforesaid Philip White's,) legs, pulled out one of the aforesaid Philip White's eyes, and then had damned him, the aforesaid Philip White, and bade him run ; that he, the aforesaid Captain Huddy replied, and said, he never had taken Philip White ; and moreover said, that it was impossible - that he could have taken him, for that he, A COUNCIL OF WAR. the aforesaid White was taken and killed, while he, the aforesaid Huddy, was a pris- oner closely confined in New York. This deponent further saith, that he, this de- ponent, so said that the aforesaid White, was taken and killed, while Capt. Huddy was a prisoner, and therefore could not possibly be chargeable; upon which this deponent was told that he, this deponent should be hanged next; further this de- · ponent saith that the aforesaid Capt. Hud- dy, was frequently charged with the mur! der of the aforesaid Philip White, in man- ner and form aforesaid. This deponent saith that he and Capt. Huddy were kept in irons, on board the sloop aforesaid, un- til they were put on board the guard ship at Sandy Hook, which was done on Tues- day evening, the 9th instant; that on "On whom shall it be inflicted ?" board this guard ship, this deponent, Cap- tain Huddy, and Jacob Fleming, were con- fined between decks until Friday, the 12th instant; that on Friday, the 12th inst., some men, strangers to this deponent, came between decks and told him, the said Capt. Huddy, to be prepared to be hanged immediately, for having murdered Philip White, as aforesaid, and took off the said Capt. Huddy's irons ; that Capt. Huddy again said he was not guilty of having killed the aforesaid White, and should die innocent, and in a good cause ; and with uncommon composure of mind and fortitude, prepared himself for his end; that they, then for the first time since the capture of this deponent, and the said Capt. Huddy, took the aforesaid Capt. Huddy from this deponent. That about noon of the same day, the aforesaid John Tilton told this deponent, that he, the aforesaid Capt. Joshua Huddy was hanged, No farther action for a time was taken, and further said he, that Capt. Hud- I that Sir Henry Clinton might have oppor.
dy died with the firmness of a lion. Further, this deponent saith, that the aforesaid Capt. Joshua Huddy was never taken from him, this deponent, until he was taken off to be executed, and that he, the aforesaid Captain Huddy, never was called to any kind of trial, or allowed to make any de- fence; and lastly, this deponent saith, the corpse of the said Captain Joshua Huddy is now at the house of Capt. James Greene, and that he verily believes he came to his death by being hanged.
DANIEL RANDOLPH.
Sworn before me, this 15th of April, 1782, DAVID FORMAN, Judge of the C't of C. P.
The execution of Huddy was regarded by the Commander-in-Chief as a matter of such high import, that, in anticipation of the action of Congress upon his letter, he had directed that the general officers of the army, and the officers commanding brigades and regiments, should assemble at West Point, and decide on what meas- ures should be adopted. On the 19th day of April, the meeting was held at the quarters of General Heath, when the fol- lowing questions propounded by Wash- ington were stated :
" Shall there be retaliation for the mur- der of Huddy ?"
" How shall the victim be designated !"
General Heath in his Memoirs describes the deliberations of the officers as inde- pendent of each other; no conversation was permitted between them on the ques- tion submitted, but each one was to write his own opinion, seal it up, and address it to the Commander-in-Chief. By this pro- cess, it was found the decision was unani- mous that retaliation should take place ; that it should be inflicted on an officer of equal rank; and the designation should be made by lot from among the prisoners of war who had surrendered at discretion, and not under convention or capitulation
This decision was approved by Washing- ton, who gave immediate information of his intention to retaliate, to the British Cammander, unless the perpetrator of the bloody deed should be given up for execu- tion.
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tunity to decide upon Washington's de- mand.
In the meantime occurred the following proceedings in Congress.
PROCEEDINGS IN CONGRESS, April, 1782.
The letter of General Washington to Congress, when received, was referred to a Committee consisting of Mr. Boudinot,
Mr. Scott and Mr. Bee. The committee reported on the 20th day of April, 1782, and the following proceedings were then had :
A letter of the 20th, from the Com- mander-in-Chief, was read together with a memorial from the inhabitants of the county of Monmouth, in the State of New Jersey, and sundry affidavits, respecting the death of Capt. Joshua Huddy, who after being a prisoner some days with the enemy in New York, was sent out by a party of refugees, and was most cruelly and wantonly hanged on the heights of Middletown.
These papers being committed, and the committee having reported thereon :
Resolved, That Congress having de- liberately considered the matter and the paper attending it, and being deeply ım- pressed with the necessity of convincing the enemies of these United States, by the most decided conduet, that the repetition of their unprecedented and inhuman cru- elties, so contrary to the laws of nations and of war, will no longer be suffered with impunity, do unanimously approve of the firm and judicious conduct of the Com- mander-in-Chief in his application to the British Gen. of New York ; and do here- by assure him, of their firmest support in his fixed purpose of exemplary retalia- tion.
GENERAL WASHINGTON to SIR HENRY CLINTON.
HEAD-QUARTERS, April 21st, 1782.
SIR :- The enclosed representation from the inhabitants of the county of Mon- mouth, with testimonials to the facts, (which can be corroborated by other un- questionable evidence,) will bring before your excellency, the most wanton, unpre- cedented, and inhuman murder that ever disgraced the arms of a civilized pr ›ple.
I shall not, because I conceive it alto- gether unnecessary, trouble your excel- lency with any animadversions upon this transaction. Candor obliges me to be ex-
plicit. To save the innocent, I demand the guilty. Capt. Lippencott therefore, or the officer who commanded, at the execu- tion 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 ot exchange, be equivalent.
To do this, will mark the justice of your excellency's character; on the failure of it I shall feel myself justifiable in the eyes of God and man, for the measure to which I shall resort.
I beg your excellency to be pursuaded, 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 re- quires frankness and decision.
I have to request your speedy deter- mination, as my resolution is suspended but for your answer.
I have the honor to be, sir, your excel- leney's most obedient servant.
GEO. WASHINGTON. His Excellency, SIR HENRY CLINTON.
Sir Henry Clinton replied to Gen. Wash- ington on the 25th of April. He express- ed surprise at the strong language which had been used. He refused to give up the perpetrator of the murder, but inform- ed the American commander, that he had ordered a court martial to examine the charge against Capt. Lippencott before he received the letter. He did not pre tend to justify the conduct of the loyalists, and expressed his regret for the fate of the sufferer. On the lot of May, General Robertson, who had succeeded Clinton, reiterated the same sentiments which had been previously expressed by his prede- cessor, but still the culprit was protected in New York; and the American com- mander replied, in the strongest terms, that he had resolved upon retaliation, and given orders that a British officer should be designated to suffer. When Sir Guy Carleton took commend of the British forces, in May, he communicated to Gen- eral Washington his intention to preserve " the name of every Englishman from re- proach, and to pursue every measure that might tend to prevent these criminal ex- cesses in individuals." He did not hesi- tate " to condemn the many unauthorized acts of violence, which had been commit- ted," and concluded that he should do every thing to mitigate the evils of war .- From these extracts, as well as the history of that day, it is evident that the British |commander disavowed any participation
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in the death of Huddy, on the part of the British authorities. And it is said, by Dr. Thatcher, that the British Government were inclined to direct that Lippencott . should be given up to Gen. Washington, but were finally prevented by the influ- ence of the American loyalists, (or refu- gees. )
Baron de Grimm, in his celebrated Memoris, states, without any qualifications, that George III gave orders " that the author of' a crime which dishonored the English nation, should be given up for punishment," but he was not obeyed. It is highly probably that this statement is true ; the writer recorded it in 1775, and from the advantageous posi- tion he occupied, must be presumed to have known the fact. (vol. iv. p. 272.)
The people of New Jersey were exas- perated beyond measure at the bloody catastrophe; but when it was ascertained that the murderer would not be surren- dered or punished, their indignation prompted the bold attempt to seize the miscreant by force. To effect this pur- pose, Capt. Adam Hyler, of New Bruns- wick, having ascertained that Lippencott resided in Broad street, New York, with a crew disguised as a British press gang, left the Kills at dark, in a single boat, and arrived at White Hill about nine o'clok. Here he left the boat in charge of a few men, and passed directly to Lippencott's house, where, on inquiry, it was ascertain- ed he had gone to Cock Pit. (Naval Mag. Nov., 1839.) The expedition of course failed ; but the promptness with which it was conducted, proves the devotion of the brave men who were engaged to the com- mon cause, and their execration of Huddy's assassin.
(Capt. Adam Hyler, above referred to, is the one who commanded the barge taken by the British at Toms River. In their accounts they boasted, it will be re- membered, of capturing "one of Hyler's barges." We have accounts of a large number of the exploits of Hyler, in the waters around Old Monmouth, which we trust to find room for at some time, for it is rare to find, in fact or fiction, more skil- fully planned and fearlessly executed deeds than those performed by Capt. Adam Hyler and his heroic companions.)
CASTING LOTS.
Exciting Scene-Captain Asgill the Vic- tim-Affecting Incidents -Courts of Ent- rope Excited.
The demand for Lippencott having been refused, Generał Washington, on the 4th of May, directed Brigadier General Hogan to designate by lot, from among the pris- oners at either of the posts in Pennsylva- nia or Maryland, a British Captain who had been unconditionally surrendered ; as it was ascertained that no such officer was in his power, a second order was issued on the thirteenth of May, extending the se- lection to the officers who had been made prisoners by convention or capitulation .- Under this last despatch, the British Cap- tains, who had been captured at York- town, were assembled at Lancaster, Penn- sylvania, and the lot fell upon Captain As- gill.
Charles Asgill was a Captain of the guards, of a noble family, and at the time he was designated to suffer, but mneteen years of age. He was captured at York- town, confined during the winter of 1781- 82 at Winchester, in Virginia, and had been removed but a short time to York, Pennsylvania, when the lot was cast against him. The officers from whom the victim was to be selected, were ordered to Lan- caster, and were there informed by Gener- al Hogan the object for which they were assembled. Major Morgan, who was the senior British officer at that place, remon- strated, and used the following language :
"These gentlemen form but a small pro- portion, out of the total number of Cap- tains who became prisoners at Yorktown, and I am sure, if time be afforded, there is not one of their comrades who with not hasten, even from England, for the pur- pose of placing himself by their side, in so trying an emergency, and staking his life with theirs."
The General, however, replied his orders were peremptory, but feelingly remarked, "when the lot has been declared on whom this blow shall fall. then you may rely upon it that every indulgence shall be shown which you could expect, or my own l'eelings dictate." The ceremony is minutely described by an eye witness, the late Gen. Graham, Lieutenant Governor of Sterling Castle, whose manuscript is pub- lished in the United Service Journal, Novem- ber, 1834. To use his language :
"The excitement of the scene was now over, and we gazed upon poor Asgill with n bitterness and intensity of feeling, snch as defied control. He was barely nine- teen years of age : lively, brave, handsome;
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an only son, as we all knew, and an espe. cial favorite with his comrades. To see him as we did, at that moment, in the full bloom of youth and beauty, and to know that h's days, nay, his hours, were num- bered-that was a demand upon the forti- tude of those who loved him, such as they could not meet. We lifted up our voices and wept ; and while a warm pressure of the hand was exchanged with each in his turn, the object of so much commiseration found it no easy matter, himself, to restrain his tears. Nor, to do them justice, were the Americans, either within or without the house, indifferent spectators to the drama. The Brigadier at once consented to delay the removal of the victim till the following morning ; and readily granted a passport to enable an officer to set ont on the instant for New York."
In the meanwhile the execution was suspended, but every effort was exerted, every plan that ingenuity could devise or sympathy suggest, adopted to save the in- nocent sufferer. Major Gordon appealed to the French Minister, then in Philadelphia; he wrote to the Count de Rochembeau, and despatched messengers to numerous influential Whigs throughout the Colo- nies, to interest them in behalf of his friend ; and so eloquent and importunate were his appeala, that it is said by General Graham, " that even the family of Captain Huddy became themselves suppliants in Asgill's favor." These untiring exertions, unquestionably contributed to postpone the fate of the victim, until the final and successful intercession of the French Court obtained his release.
immediately directed to communicate with General Washington, and implore the re- lease of the sufferer. A letter, says the Baron de Grimm, "the eloquence of which, independent of oratorical forms, is that of all people, and all languages, because it derives its power from the first and noblest sentiment of our nature."
LADY ASGILL TO COUNT DE VERGENNES. Eloquent Pleadings of a Mother for the Life of an only Son.
SIR :- If the politeness of the French court will permit a stranger to address it, it cannot be doubted but that she who unites in herself all the more delicate sen- sations with which an individual can be penetrated, will be received favorably by a nobleman who reflects honor not only on his nation, but on human nature. The subject on which I implore your assistance
Captain Asgill was conducted to Phila- 'is too heart-rending to be dwelt upon ; delphia, and from thence was removed to : most probably the public report has al- Chatham. He was accompanied by his friend, Major Gordon, who attended him with the devotion of a parent to a child.
ready reached you. This relieves me from the burden of so mourmul a duty. My son, my only son, dear to me as he is brave, amiable as he is beloved, only nineteen years of age, a prisoner of war, in conse- quence of the capitulation of Yorktown, is at present confined in America as an ob. ject of reprisals.
Shall the innocent suffer the fate of the guilty ? Figure to yourself, sir, the situa- tion of a family in these circumstances .- Surrounded as I am with objects of dis- tress, bowed down by fear and grief, words are wanting to express what I feel, and to paint such a scene of misery ; my husband given over by his physicians some hours before the arrival of this news, not in a condition to be informed of it; my dangh- ter attacked by a fever, accompanied with delirium ; speaking of her brother in tones of wildness and without an interval of rea- son, unless it be to listen to some circum- stances which may console her heart. Let your sensibility, sır, paint to you my pro- found, my inexpressible misery, and plead in my favor. A word-a word from you,
When Lady Asgill heard of the peril which impended over her son, her husband was exhausted by disease, and while the effect of the intelligence was pent power- fully up in her mind, it produced delirium |like a voice from heaven, would liberate in that of her daughter ; under all these us from desolation, from the last degree of misfortune. I know how far General Washington reverences your character .- Tell him only that you wish my son re- stored to liberty, and he will restore him to his desponding family ; he will restore him to happiness. The virtue and cour- age of my son will justify this act of clem- ency. His honor, sir, led him to America; he was born to abundance, to independ- embarrassments she applied to King George the Ill, who, it is said, ordered the cause of this measure of retaliation, the wretched Lippencott, to be delivered up, which Clinton contrived to avoid. She did not cease her importunities, until she had dictated the following letter to the Count de Vergennes, who laid it before the King and Queen of France, and was
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ence, and to the happiest prospects. Per- mit me once more to entreat the interfer- ence of your high influence in favor of in- nocence, and in the cause of justice, of humanity. Despatch. sir, , a letter from France to General Washington, and favor me with a copy of it, that it may be trans- mitted from hence. I feel the whole weight of the liberty taken in presenting this request; but I feel confident, whether granted or not, that you will pity the dis- tress by which it is suggested ; your hu- manity will drop a tear on my fault and blot it out forever.
May that heaven which I implore, grant that you may never need the consolation which you have it in your power to bestow on
THERESA ASGILL.
A NOBLEMAN TELLS ASGILI'S STORY.
Excitement in Holland and throughout Europe-The Gibbet- Asgill thrice con- duced to it-Intense anxiety in Europe to hear of his fate, &c.
The statement of Captain Asgill's case would not be complete without the follow- ing extract, which contains some interest- ing facts not elsewhere given. It is from Baron de Grimm, who was led to notice the case on account of its being made the ground work of a tragedy called " Abdir," by de Sauvigny, represented in Paris in January, 1780.
" You can well remember the general interest which Sir - Asgill inspired, a young officer in the English guards, who was made prisoner and condemned to death by the Americans, in reprisal for the death of Capt. IIuddy, who was hanged by order of Capt. Lippencott. The public prints all over Europe resounded with the unhappy catastrophe, which for eight months impen.led over the life of this young officer. The extreme grief of his mother, the sort of delirium which cloud- ed the mind of his sister, at hearing the dredful fate which menaced the life of her brother, interested every feeling mind in the fate of that unfortunate family. The general curiosity in regard to the events of the war, yielded, if I may say so, to the interest which young Asgill inspired, and the first question asked of all vessels that
arrived from any port in North America, was always an inquiry into the fate of that young man. It is known that Asgill was thrice conducted to the foot of the gibbet, and that thrice Gen. Washington, who could not bring himself to commit this crime of policy without a great struggle. suspended his punishment; his humanity and justice made him hope that the En- glish general would deliver over to him the author of the crime Asgil was con- demned to expiate. Sir Henry Clinton, either ill advised or insensible to the fate of young Asgill, persisted in refusing to deliver up the barbarous Lippencott. In vain the King of England, at whose feet the unfortunate family fell down. had given orders to surrender up to the Ameri- cans the author of a crime which dishon- ored the English nation : George the 3d. was not obeyed. In vain the State of Holland entreated the United States of America the perdon of the unhappy As- gill. The gibbet, erected in front of his prison, did not cease to offer to his eyes those dreadful preparatives, more awful than death itself. In these circumstances, and almost reduced te despair, the mother of the unfortunate victim bethought. her- self that the Minister of a King, armed against her own nation, might succeed in obtaining that which was refused to her King. Madam Asgill wrote tothe Count de Vergennes a letter, the eloquence of which, independent of oratorical forms, is that of all people and languages, because it de- rives its power from the first and noblest sentiment of our nature."
For seven months, the fate of this inter- esting young officer remained suspended. when, cheiefly through the intercession of the French Court, he was set at liberty .-- The following are the proceedings of Con- gress directing his discharge :
THURSDAY, November 7th, 1782. On the report of the Committee. con- sisting of Mr. Rutledge, Mr. Osgood, Mr. Montgomery, Mr. Boudinot, and Mr. Duane, to whom were referred the letter of the 19th of August last, from the Com- mander-in-Chief, the report of a committee thereon, and the motives of Mr. William. son and Mr. Rutledge; and also, another letter, from the Commander-in - Chief, with a copy of a letter to him from the Count de Vergennes, dated July 29th last, inter- ceeding for Capt. Asgill :
Resolved. That the Commander in-Chief
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be, and he hereby is directed, to set Cap- tain Asgill at liberty ?""
A copy of the foregoing proceedings and resolutions was forwarded by Gen. Wash- ington to Capt. Asgill, together with a let- ter, given below, which exhibits the moral excellence, the great and commanding at- ributes that always distinguished the Father of his Country. "The decision of Gen. Washington in this delicate affair, the deep interest felt by the American people for the youthfui sufferer, the pathet- ic appeals of Lady Asgill to the Count de Vergennes in behalf of her son, (in the language of Congress, in 1837,) forms one of the most important and instructive portions of revolutionary history."
LIEXERAL WASHINGTON TO CAPTAIN ASGILL.
SIR :- It affords me singular satisfaction to have it in my power to transmit to you the enclosed copy of an act of Congress of the 7th inst., by which you are relieved from the disagreeable circumstances in which you have been so long. Suppos- ing that you would wish to go to New York as soon as possible, I also enclose a passport for that purpose. Your letter of The 18th came regularly to my hands. 1 beg of you to believe that my not answer- ing it sooner did not proceed from inat tention to you, or a want of feeling for your situation . but I daily expected a de- termination of your case and I thought it better to await that, than to feed you with hopes that might in the end prove fruit- less. You will attribute my detention of the enclosed letters, which have been in my possession a fortnight, to the same cause. I cannot take leave of you, sir, without assuring you that, in whatever light my agency in this anpleasant affair may be viewed, I was never mfluenced throughout the whole of it by sanguinary motives, but what I conceived to be a sense of duty, which loudly called upon me to use measures, however disagreeable, to prevent a repetition of those enormities which have been the subject of discussion ; and that this important end is likely to be answered without the effusion of the blood of an innocent person, is not a greater re- lief to you that it is to me.
Sir, &c. GEORGE WASHINGTON.
Immediately after this letter released him, Captain Asgill prepared himself to return to England, and in a short time embarked. The following letters from | is penetrated.
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