Proceedings of a Board of General Officers, 29 September 1780
VIII
Proceedings of a Board of General Officers
[29 Sept. 1780]
Proceedings of A Board of General officers held by Order of His Excellency General Washington, Commander in Chief of the Army of the United States of America; respecting Major Andre Adjutant General of the Brittish Army September 29th 1780 at Tappan in the State of New York.
Present
Major General Green President
| Major General Lord Sterling | Major Genl St Clair |
| Major General The Marquis de la Fayette | Major Genl Howe |
| Major General The Baron de Stuben | Brigadier Genl Parsons |
| Brigadier General Clinton | Brigadier Genl Knox |
| Brigadier Genl Glover | Brigr Genl Patterson |
| Brigadier Genl Hand | Brigr Genl Huntingdon |
| Brigadier Genl Starke. | |
| John Laurance J.A. Genl |
Major André Adjutant General to the Brittish Army was brought before the Board, and the following Letter from General Washington to the Board dated Head Quarters Tappan Sepr 29th 1780 was laid before them and read. it is Annexed.1 The Names of the Officers composing the Board were read to Major Andre, and on his being asked Whether he confessed the Matters contained in the Letter from His Excellency Genl Washington to the Board, or denied them he said, in addition to His Letter to General Washington dated Salem the 24th Sept. 1780 which was read to the Board, and acknowledged by Major André to have been written by him. which Letter is annexed.2 That he came on Shore from the Vulture Sloop of War, in the Night of the twenty first of September Instant, somewhere under the Haverstraw Mountain. That the Boat he came on Shore in, carried no Flag, and that he had on a Surtout Coat over his Regimentals, And that he wore his Surtout Coat, when he was taken. That he met General Arnold on the Shore and had an Interview with him there. he also said that when he left the Vulture, Sloop of War, it was understood he was to return that Night; but it was then doubted, and if he could not return he was promised to be concealed on Shore, in a place of Safety, until the next Night, when he was to return in the same manner he came on Shore; and when the next day came he was solicitous to get back; and made enquiries in the course of the Day, how he should return, when he was informed he could not return that Way and he must take the Rout he did afterward, he also said that the first Notice he had of his being within any of our Posts, was, being Challenged by the Sentry, which was the first Night he was on Shore. he also said that the Evening of the twenty second of September Instant he passed Kings Ferry between our Posts of Stoney and Verplancks Points, in the Dress he is at present in, and which he said is not his Regimentals, and which dress he procured, after he landed from the Vulture and when he was within our Post, and that he was proceeding to New York, but was taken on his Way at Tarry Town, as he has mentioned in his Letter, on Saturday the Twenty third of September Instant about Nine oClock in the Morning.3
The following Papers were laid before the Board and shewn to Major Andre, who confessed to the Board that they were found on him when he was taken, and said they were concealed in his Boot, except the pass. A Pass from General Arnold to John Anderson, which Name Major André acknowledged he Assumed.4 Artillery Orders Sep. 5 1780.5 Estimate of the Force at West Point, and its dependencies Sepr 17806 Estimate of Men to man the Works at West Point &ca.7 Return of Ordnance West Point Sepr 17808 Remarks on Works at West Point a Copy to be Transmitted His Excellency Genl Washington Sep. 1780.9 Copy of a State of Matter laid before a Council of War by His Excellency General Washington held Sepr 6 1780.10 all which are annexed.
⟨A l⟩etter signed John Anderson, dated Sepr 7 1780 to Col. Sheldon was also laid before the Board, and shewn to Major André, which he Acknowledged to have been written by him. it is annexed. Major André observed that this Letter could be of no Force in the case in Question as it was written in New York when he was under the Orders of General Clinton, but that it tended to prove that it was not his Intention to come within our Line.11
The Board having interrogated Major Andre about his Conception of his coming on Shore under the Sanction of a Flag, he said that it was impossible for him to suppose he came on Shore under that Sanction, and added that if he came on shore under the Sanction he certainly might have returned under it.
Major André having acknowledged the preceeding Facts, and being asked Whether he had any thing to say respecting them answered he left them to operate with the Board.
The Examination of Major André being concluded he was remanded into Custody.
The following Letters were laid before the Board and read, And are annexed. to wit Benedict Arnolds Letter to General Washington dated Sepr 25 178012—Col. Robinsons Letter to General Washington dated Sepr 25 1780 and General Clintons Letters dated Sepr 26 1780 (inclosing a Letter of the same date from Benedict Arnold) to General Washington.13
The Board having considered the Letter from His Excellency General Washington respecting Major André Adjutant General to the Brittish Army the Confession of Major André and the Papers produced to them report to His Excellency the Commander in Chief the following Facts which appear to them relative to Major Andre14 First That he came on shore from the Vulture Sloop of War in the Night of the twenty first of September Instant on an Interview with General Arnold in a private and secret Manner secondly That he changed his Dress within our Lines and under a feigned Name and in a Disguished15 habit passed our Works at Stoney and Verplancks Point the Evening of the twenty second of September Instant and was taken the Morning of the Twenty third of September Instant at Tarry Town in a Disguished Habit being then on his Way to New York, and when taken, he had in his Possession several Papers which contained Intelligence for the Enemy. The Board having maturely considered these Facts do also report to His Excellency General Washington that Major Andre Adjutant General to the Brittish Army ought to be considered as a Spy, from the Enemy, and that agreeable to the Law and usuage of Nations it is their opinion he ought to suffer Death.16
| Saml H. Parsons B. Genl | Nath. Greene M. Genl Pre⟨s.⟩ |
| James Clinton B. Gl | Stirling, M.G. |
| H. Knox Brigr Genl Artillery | Ar. St Clair Mr G. |
| Jno. Glover B. general | Lafayette M.g. |
| John Paterson B. general | R. Howe M.G. |
| Edwd Hand B.G. | steuben M:G: |
| J. Huntington B. Genl | |
| John Stark B. Genl | |
| John Laurance J. A. Genl |
DS, DLC:GW. GW’s secretary Robert Hanson Harrison wrote on the docket: “Major André was executed on Monday the 2d of Octr 1780 at 12 OClock at Tappan.”
Harrison also wrote a “List of papers referred to in the proceedings of the Board of General Officers in the case of Major André, Adjutant General to the British Army,” dated 29 Sept. (DLC:GW; see also , 2:153–55). GW’s aide-de-camp Tench Tilghman and Brig. Gen. Henry Knox confirmed documents in Maj. Gen. Benedict Arnold’s handwriting in testimony given during the court-martial of Joshua Hett Smith (see , 60–61, 73; see also The Smith Family and Major General Benedict Arnold’s Treachery, 26 Sept.–30 Oct., editorial note).
1. See Document VII.
2. See Document II.
3. For Maj. John André’s capture, see Document I, and n.2 to that document.
4. Arnold gave André a pass written at Beverly Robinson’s house on 22 Sept.: “Permit Mr John Anderson to pass the Guards to the White Plains, or below if He Chuses, He being on Public Buisness by my Direction” (, 2:155).
5. For Arnold’s artillery orders written at West Point on 5 Sept. for the “Disposition of the corps … in Case of an alarm,” see , 51–52.
6. Arnold’s “Estimate of the Forces at Wt Point and its dependencies, Sept. 13th 1780,” enumerated 2,447 militia, 248 Continental troops, 142 dragoons (“about one half Mounted”), and 250 “Batteaux Men and Artificers” for a total of 3,087 (, 53; addition errors corrected).
7. French engineer Villefranche had provided Arnold with an “Estimate of the Number of Men necessary to Man the Works at W[e]st Point & in the Vicinity.” He gave figures for the forts and redoubts: Fort Arnold, 620; Fort Putnam, 450; Fort Wyllys, 140; Fort Webb, 140; Redoubt No. 1, 150; Redoubt No. 2, 150; Redoubt No. 3, 120; Redoubt No. 4, 100; Redoubt No. 5, 130; Redoubt No. 6, 110; Redoubt No. 7, 78; North Redoubt, 120; South Redoubt, 130. The number of men totaled 2,438, but a postscript reads: “N.B. The Artillery Men are not Included in the above Estimate” (, 54; see also n.9 below, and GW to Alexander McDougall, 19 June 1779, n.2).
8. For this return of ordnance at West Point, dated 5 Sept. 1780, see , 2:154.
9. Arnold’s remarks on the works at West Point, prepared in September 1780, emphasized their vulnerabilities: “Fort Arnold is built of Dry Fascines and Wood is in a ruinous condition, incompleat, and subject to take Fire from Shells or Carcasses.
“Fort Putnam stone wanting great repairs, the wall on the East side broke down, and rebuilding From the Foundation at the west and South side have been a Chevaux de Frise on the West side broke in many Places. The East side open, two Bomb Proofs and Provision Magazine in the Fort, and slight Wooden Barrack.—A commanding piece of ground 500 yards West between the Fort and No. 4—or Rocky Hill.
“Fort Webb Built of Fascines and Wood, a slight Work very dry and liable to be set on fire as the approaches are very easy, without defences save a slight abattis.
“Fort Wyllys built of stone 5 feet high the Work above plank filled with Earth the stone work 15 feet the Earth 9 feet thick.—No Bomb Proofs, the Batteries without the Fort.
“Redoubt No. 1. On the south side wood 9 feet thick and W[es]t North and East sides 4 feet thick, no cannon in the works, a slight and single Abattis, no ditch or Picket. Cannon on two Batteries. No Bomb Proofs.
“Redoubt No. 2. The same as No. 1[.] No Bomb Proofs.
“Redoubt No. 3, a slight Wood Work 3 Feet thick very Dry no Bomb Proofs, a single Abattis, the work easily set on fire—no Cannon.
“Redoubt No. 4, a Wooden work about 10 feet high and fore or five feet thick, the West side faced with a stone wall 8 feet high and four thick. No Bomb Proof, two six pounders, a slight Abattis, a Commanding piece of ground 500 yards W[es]t.
“The North Redoubt on the East side built of stone 4 feet high, above the stone wood filled in with Earth, very dry, no ditch, a Bomb Proof, three Batteries without the Fort, a poor Abattis, a Rising piece of ground 500 yards So[uth] the approaches Under Cover to within 20 yards.—The Work easily fired with Faggots diptd in Pitch &c.
“South Redoubt much the same as the North a Commanding piece of ground 500 yards due East—3 Batteries without the Fort” (, 54–56; see also n.7 above).
11. Using John Anderson as an alias, André wrote Col. Elisha Sheldon from New York on 7 Sept.: “I am told my name is made known to you, and that I may hope your indulgence in permitting me to meet a friend near your outposts. I will endeavor to obtain permission to go out with a flag which will be sent to Dobbs’ ferry on Monday next the 11th at 12 oclock, when I shall be happy to meet Mr. G.——Should I not be allowed to go, the officer, who is to command the Escort between whom and myself no distinction need be made, can speak of the affair.
“Let me entreat You, sir, to favor a matter so interesting to the parties Concerned, and which is of so private a nature that the public on neither side can be injured by it.
“I shall be happy on my part in doing any act of kindness to you in a family or a property concern, of a similar nature.
“I trust I shall not be detained, but should any old Grudge be a cause for it, I shall rather risk that than neglect the business in question or assume a mysterious character to carry on an innocent affair and as friends have advised get to your lines by Stealth” (DLC:GW). GW supplied an undated explanation in Harrison’s writing for this letter when submitting the board’s proceedings to Congress: “(1) Lest it should be supposed that Colo. Sheldon, to whom the above Letter is addressed, was privy to the plot carrying on by General Arnold, it is to be observed, that the Letter was found among Arnold’s papers & had been transmitted by Colo. Sheldon, who, from a Letter of the 9th of Septr to Arnold which inclosed it, had never heard of John Anderson before. Arnold in his Answer on the 10th acknowledged he had not communicated it to him, tho he had informed him that he expected a person would come from New York, for the purpose of bringing him intelligence. (2) It appears by the same Letter that Arnold had written to Mr Anderson, under the signature of Gustavus. His words are ‘I was obliged to write with great caution to him, my Letter was signed Gustavus to prevent any discovery in case it fell into the hands of the Enemy’” (DNA:PCC, item 152; see also Document XVI). Both Sheldon to Arnold, 9 Sept., and Arnold to Sheldon, 10 Sept., are in DLC:GW.
12. See Document I with The Discovery of Major General Benedict Arnold’s Treachery, 25 Sept.-24 Nov., editorial note.
13. See Documents III and V above.
14. The board considered André’s undated confession: “On the 20th of Sept. I left New York to get on board the Vulture in order (as I thought) to meet General Arnold there in the night. No boat however came off and I waited on board until the night of the 21st. During the day a flag of Truce was sent from the Vulture to complain of the Violation of a military rule in the Instance of a boat having been decoy’d on Shore by a Flag and fired upon. The Letter was address’d to General Arnold Signed by Captain Sutherland, but written in my hand & countersigned ‘J. Anderson Secry’ its intent was to indicate my presence on board the Vulture. In the night of the 21st a boat wth Mr——and two hands came on board in Order to fetch Mr Anderson on Shore & if too late to bring me back to lodge me until the next night in a place of Safety. I went into the boat, landed and spoke with Arnold, I got on horseback with him to proceed to [ ] House and in the Way passed a Guard I did not expect to see, having S. H. Clinton’s directions not to go within an Enemy post or to quit my own dress. In the Morning A. quitted me having himself made me put the papers I bore between my Stockings ⟨mutilated⟩ Feet, whilst he did it he express’d a wish in Case of any Accident befalling me, that they Should be destroy’d which I said of course woud be the Case as when I went into the boat I should have them tied about with a String and a Stone. Before We parted Some Mention had been made of my crossing the River and going by another route but I objected much against it and thought it was settled that in the way I came I was also to return.——to my great mortification persisted in his determination of carrying me by the other route and at the decline of the Sun I sat out on horseback pass’d Kings Ferry, & came to Crumpond where a party of militia stopped us and advised we should remain. In the morning I came with [ ] as far as within two miles and a half of Pines-Bridge where he Said he must part with me as the Cow Boys infested the Road thenceforward. I was now near 30 Miles from Kings bridge and left to the Chance of passing that Space undiscoverd. I got to the neighbourhood of Terry Town which was far beyond the points describ’d as dangerous when I was taken by three Volunteers who not Satisfied with my pass riffled me and finding papers Made me a prisoner.
“I have omitted mentioning that when I found myself within an Enemy post, I chang’d my dress” (DLC:GW).
15. In both instances in this paragraph, the writer means “disguised.”
16. Adj. Gen. Alexander Scammell wrote André on 2 Oct.: “His Excellency Genl Washington has fix’d the Hour at 12 oClock this Day” (in private hands; see also General Orders, 1 Oct.).
Joshua Hett Smith later contended that Major General Steuben had “opposed most of the general officers, in their opinion that Major Andre ought to be considered as a spy,” because Steuben felt André had operated “under the sanction of a flag” (, 93–94).