He was
universally popular with the army, and an especial favorite of Sir
Henry Clinton. The latter addressed a letter to Washington on the
29th, claiming the release of Andre on similar ground to that urged by
Colonel Robinson--his having visited Arnold at the particular request
of that general officer, and under the sanction of a flag of truce;
and his having been stopped while travelling under Arnold's passports.
The same letter inclosed one addressed by Arnold to Sir Henry, and
intended as a kind of certificate of the innocence of Andre. "I
commanded at the time at West Point," writes the renegade, "had an
undoubted right to send my flag of truce to Major Andre, who came to
me under that protection, and, having held conversation with him, I
delivered him confidential papers in my own hand-writing to deliver to
your Excellency."

Neither the official demand of Sir Henry Clinton, nor the impudent
certificate of Arnold, had any effect on the steady mind of
Washington. He considered the circumstances under which Andre had been
taken such as would have justified the most summary proceedings, but
he determined to refer the case to the examination and decision of a
board of general officers, which he convened on the 29th of September,
the day after his arrival at Tappan. It was composed of six
major-generals--Greene, Stirling, St. Clair, Lafayette, R. Howe, and
Steuben; and eight brigadiers--Parsons, Jas. Clinton, Knox, Glover,
Paterson, Hand, Huntingdon, and Stark. General Greene, who was well
versed in military law, and was a man of sound head and kind heart,
was president, and Colonel John Lawrence, judge advocate-general.

Colonel Alexander Hamilton gives, in letters to his friends, many
interesting particulars concerning the conduct of the prisoner. "When
brought before the board of officers," writes he, "he met with every
mark of indulgence, and was required to answer no interrogatory which
would even embarrass his feelings. On his part, while he carefully
concealed everything that might implicate others, he frankly confessed
all the facts relating to himself, and upon his confession, without
the trouble of examining a witness, the board made up their report."
It briefly stated the circumstances of the case, and concluded with
the opinion of the court, that Major Andre, adjutant-general of the
British army, ought to be considered a spy from the enemy, and,
agreeably to the law and usage of nations, ought to suffer