General Washington Writes One of His First Spymasters, Freeing Among the Final Senior British POWs, Thus Ending the Asgill Affair, Which Threatened to Divide Americans, & Derail the Paris Peace Talks

Washington also congratulates Elias Dayton, one of Americas first spies, on his promotion to general

This letter has been in a private collection for at least 75 years and perhaps much longer

Charles Asgill was born in London in 1762, the only son of the Lord Mayor of London, Sir Charles. The younger Asgill insisted on entering the army contrary to the wishes of his parents. His father offered to give him a house and £3000 per year [in 2020 money, worth £480,948] if he would adopt some other profession. He refused and at the age of 17 joined the British Army, rising to the rank of captain in February 1781. Soon afterwards, Asgill was ordered to North America to fight in the American Revolution. He shipped out for America in March 1781. After Asgill joined the ill-fated army of Cornwallis, Asgill he charge of a unit and led it in a successful attack on a post held by American militia under a colonel named Gregory. Gregory was wounded and captured, and Asgill won the admiration of his enemies for his kindness toward a fallen foe. Captain Asgill became an American prisoner of war following the capitulation of Lord Cornwallis at Yorktown in October 1781.

In April 1782, a captain of the Monmouth Militia named Joshua Huddy was overwhelmed and captured by Loyalist forces at a small fort he commanded in the village of Toms River, New Jersey. The Board of Associated Loyalists of New Jersey was then furious because of the murder of their comrade Phillip White by American soldiers weeks earlier on March 30. The group believed that his death could only be rectified by an act of retaliation. The loyalists deceived General Henry Clinton, the Commander in Chief of the British forces, into granting them the possession of Huddy for what they claimed would be a prisoner exchange. Instead, they hanged Huddy on April 12, 1782, pinning a placard to his chest with the inscription: “Up Goes Huddy for Phillip White.”

General George Washington was informed, and under pressure from New Jersey patriots to do something. He responded by ordering the hanging of a British captain in retribution, and Charles Asgill drew the short straw in May 1782. Asgill was soon on his way to imprisonment, where he awaited the gallows on a daily basis. Asgill was conveyed to Chatham, New Jersey, where he was under the jurisdiction of Colonel Elias Dayton, and in close proximity to the people of Monmouth County, who wished him to atone for Huddy’s execution. Dayton housed Asgill in his own quarters and treated him kindly. However, in a letter to Dayton of June 11, 1782, Washington wrote telling him to send Asgill to the Jersey Lines under close arrest, adding that he should be “treated with all the Tenderness possible, consistent with his present Situation”.

Captain John Schaack of His Majesty’s 57th Regiment of Foot was made prisoner by a New Jersey privateer on May 20, 1782, and on June 11, by order of Washington, was put under lock and key in the Jersey Line hutments to serve as a substitute for Asgill, should Asgill escape. Washington said of Schaack, “I wish you to pay immediate attention to the matter and to have him without loss of time taken into safe custody, conveyed to the Jersey line or some other place of security, and guarded in such a manner as that he cannot possibly make his escape…” There Schaack remained, held ready at all times for the possibility of being hung. His detention was a secret, as had his presence as an unconditional prisoner side by side with Asgill been publicly known, no excuse would remain for not letting Asgill go and hanging Schaack straightaway. Therefore the secret was so well kept that even Schaack, mouldering away in his cabin, could do no more than guess at his ultimate fate.

Meanwhile, Washington was having recriminations about his initial decision. Many American officers, including Alexander Hamilton, were vocally opposed to the barbarism of a retaliation hanging. Washington became worried about how Asgill’s execution would be interpreted at home and abroad. As a result, he began to reconsider, but tasked Congress with the responsibility to determine Asgill’s fate. As Washington explained in a letter to Congress: “It is a great national concern, upon which an individual ought not to decide.” But Washington shared his personal feelings with Dayton, writing: “I most devoutly Wish his Life may be saved; this happy event may be attained; but it must be effected by the British Commander in Chief…In the Mean Time while this is doing, I must beg that you will be pleased to treat Capt Asgill with every tender Attention and politeness.”

Meanwhile, in Britain, Asgill’s mother began an intense letter writing campaign on behalf of her son. Her outreach included contacting the French foreign minister, the Count de Vergennes, who intervened directly with Washington to spare Asgill’s life. Washington sent the letter to Congress, and Congress was well aware of how indebted the Americans were to France for their independence, and how cruel they would seem if they turned down de Vergennes’ plea. Moreover, some Americans feared that hanging Asgill might derail the steps toward a peace treaty that were already underway in Paris. On November 13, 1782, Washington notified Asgill of Congress’ decision to set him free. Washington conveyed his “singular pleasure” in the letter while defending his actions as being a requisite part of his “sense of duty” to prevent future acts of barbarism. Captain Asgill received Washington’s letter and returned to England, much to the relief of his family. He died in 1823, having retired from the army as a general.

In December 1782 news arrived that the negotiations for a peace treaty between Britain and the United States were proceeding, and a draft treaty was in place to be discussed and finalized. Meanwhile, though Asgill was free, Schaack was still in confinement and subject to hanging. It was not until January 15, 1783, that Washington wrote Dayton that Schaack should be released and sent to New York. There the British remained, preparing to evacuate New York and go home after the peace treaty would be signed. His release brought the Asgill Affair to a final conclusion.

New Jersey Colonel Elias Dayton and his men were sent to support a proposed invasion of Canada in 1776, but diverted to the Mohawk Valley to defend the frontier against the British and their Indian allies. In 1777, Dayton set up a spy network for George Washington to work in parallel with an established American intelligence ring, that of Joshua and John Mersereau, which began operating in 1776 when the British military first landed in New York. The Mersereau/Dayton network operated between Staten Island, New York and New Jersey. This was one of the first – and perhaps the first – organized American intelligence network and predated the Culper Ring. At that time, Washington wrote to Dayton, “The necessity of procuring good Intelligence is apparent & need not be further urged — All that remains for me to add is, that you keep the whole matter as secret as possible.” Some of the participants of the Mercereau spy ring continued its operation to at least October 1780, but with Dayton by then the leader. The earliest intelligence success for the Mersereau Ring occurred in December 1776 when Joshua and John LaGrange discovered evidence that the British prepared to pursue the retreating Continental Army across the Delaware River. The Mersereau Ring under Dayton played a role in the capture of British Major John Andre, ultimately exposing the betrayal of Benedict Arnold.

In December 1778, New Jersey named Dayton as a delegate to the Continental Congress, but he remained with the army instead. He was promoted to brigadier general in the Continental Army in January 1783. He had a prominent role in the battles of Springfield, Monmouth, Brandywine and Yorktown, and had horses shot under him at Germantown, at Springfield, and at Crosswick’s Bridge. His son Jonathan was a signer of the United States Constitution.

This is the very letter that congratulates Dayton on his promotion to general, and orders Schaack be sent to New York, ending the Asgill affair. Letter signed, Head Quarters, January 15, 1783 [erroneously written 1782]. “Sir: I have the pleasure to congratulate you on your late Promotion to the rank of Brigadier General which took place in Congress the 7th Instant. Your Commission arrived here yesterday and I shall keep it till I can have the pleasure to deliver it to you in person, which I must request may be as soon as possible, and that you come prepared to remain with your Brigade the remainder of the Winter. If Captain Schaack is not yet gone to New York, I must desire you to take measures to oblige him to go in.”

Provenance: Washington Atlee Burpee Jr., son of the founder of the famous Burpee Seed Company.  He was vice-president and treasurer of the company after his father’s death. Burpee also served as president of the Philadelphia Flower Show. He was an avid collector of rare books and manuscripts;

Kenneth D. Wells, founder of the Freedoms Foundation at Valley Forge, which fosters patriotism and understanding of the Constitution and Bill of Rights.