Excellency.

I commanded at the time at West Point, had an undoubted right to send my flag of truce for Major Andre, who came to me under that protection, and having held my conversation with him, I delivered him confidential papers in my own hand writing, to deliver to your Excellency, thinking it much properer he should return by land, I directed him to make use of the feigned name of John Anderson, under which he had by my direction to come on shore, and gave him my passports to go to the White Plains on his way to New York. This officer cannot therefore fail of being immediately sent to New York, as he was invited to a conversation with me, for which I sent him a flag of truce, and finally gave him passports for his safe return to your Excellency; all which I had then a right to do, being in the actual service of America, under the orders of General Washington, and commanding general at West Point and its dependencies.

I have the honour to be, your Excellency's most obedient and very humble servant, B. ARNOLD.

His Excellency Sir Henry Clinton.

The Board having considered the letter from his Excellency General Washington respecting Major Andre, Adjutant General to the British army, the confession of Major Andre, and the papers produced to them, REPORT to His Excellency, the Commander in Chief, the following facts, which appear to them relative to Major Andre.

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 disguised habit, passed our works at Stoney and Verplank's Points, 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 disguised 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 British army, ought to be considered as a Spy from the enemy, and that agreeable to the law and usage of nations, it is their opinion, he ought to suffer death.

Nath. Greene, M. Genl., President. Stirling, M. G. Ar. St. Clair, M. G. La Fayette, M. G. R. Howe, M. G. Stuben, M. G. Saml. H. Parsons, B. Genl. James Clinton, B. Genl. H. Knox, Brig. Genl. Artillery. Jno. Glover, B. Genl. John Patterson, B. Genl. Edwd. Hand, B. Genl. J. Huntington, B. Genl. John Starke, B. Genl. John Lawrence, J. A. Genl.

APPENDIX.

Copy of a Letter from Major Andre, Adjutant General, to Sir Henry Clinton, K. B. &c. &c.

Tappan, Sept. 29, 1780.

SIR,

Your Excellency is doubtless already apprised of the manner in which I was taken, and possibly of the serious light in which my conduct is considered, and the rigorous determination that is impending.

Under these circumstances, I have obtained General Washington's permission to send you this letter; the object of which is, to remove from your breast any suspicion, that I could imagine I was bound by your Excellency's orders to expose myself to what has happened. The events of coming within an enemy's posts, and of changing my dress, which led me to my present situation, were contrary to my own intentions, as they were to your orders; and the circuitous route, which I took to return, was imposed (perhaps unavoidably) without alternative upon me.

I am perfectly tranquil in mind, and prepared for any fate, to which an honest zeal for my King's service may have devoted me.

In addressing myself to your Excellency on this occasion, the force of all my obligations to you, and of the attachment and gratitude I bear you, recurs to me. With all the warmth of my heart, I give you thanks for your Excellency's profuse kindness to me; and I send you the most earnest wishes for your welfare, which a faithful, affectionate, and respectful attendant can frame.

I have a mother and three sisters, to whom the value of my commission would be an object, as the loss of Grenada has much affected their income. It is needless to be more explicit on this subject; I am persuaded of your Excellency's goodness.

I receive the greatest attention from his Excellency General Washington, and from every person, under whose charge I happen to be placed.

I have the honour to be, With the most respectful attachment, Your Excellency's most obedient and most humble servant, JOHN ANDRE, Adjutant General.

(Addressed) His Excellency General Sir Henry Clinton, K. B. &c. &c. &c.

Copy of a letter from His Excellency General Washington, to His Excellency Sir Henry Clinton.

Head Quarters, Sept. 30, 1780.

SIR,

In answer to your Excellency's letter of the 26th instant, which I had the honour to receive, I am to inform you, that Major Andre was taken under such circumstances as would have justified the most summary proceedings against him. I determined, however, to refer his case to the examination and decision of a Board of General Officers, who have reported, on his free and voluntary confession and letters,—"That he came on shore from the Vulture sloop of war in the night of the twenty-first of September instant," &c. &c. as in the report of the Board of General Officers.

From these proceedings it is evident Major Andre was employed in the execution of measures very foreign to the objects of flags of truce, and such as they were never meant to authorise or countenance in the most distant degree; and this gentleman confessed, with the greatest candor, in the course of his examination, "That it was impossible for him to suppose he came on shore, under the sanction of a flag."

I have the honour to be your Excellency's Most obedient and most humble servant, G. WASHINGTON.

(Addressed) His Excellency Sir Henry Clinton.

In this letter. Major Andre's of the 29th of September to Sir Henry Clinton, was transmitted.

New York, 29, Sept. 1780.

SIR,

Persuaded that you are inclined rather to promote than prevent the civilities and acts of humanity, which the rules of war permit between civilized nations, I find no difficulty in representing to you, that several letters and messages sent from hence have been disregarded, are unanswered, and the flags of truce that carried them, detained. As I ever have treated all flags of truce with civility and respect, I have a right to hope, that you will order my complaint to be immediately redressed. Major Andre, who visited an officer commanding in a district at his own desire, and acted in every circumstance agreeable to his direction,