41 Qtd. in M. William Phelps, Nathan Hale: The Life and Death of America’s First Spy (New York: Macmillan, 2008), 186.
42 Benson J. Lossing, The Pictorial Field-Book of the Revolution, 2 (New York: Harper & Bros., 1852), 659.
43 Dandridge, American Prisoners of the Revolution , 25.
44 Elias Boudinot, Journal of Events , as excerpted in ibid., 27.
45 Washington to John Augustine Washington, November 6, 1776, in The Papers of George Washington , Revolutionary War Series , 7:105.
46 Washington to Sir William Howe, January 13, 1777, in ibid., 8:60.
Chapter 11: Fully Justifiable
1 While Lee was technically the third-in-command, he was widely considered to rank just under Washington while the true second-in-command played only a relatively minor role in the struggle.
2 John Shy, A People Numerous and Armed: Reflections on the Military Struggle for American Independence , rev. ed. (Ann Arbor: University of Michigan Press, 1990), 135.
3 Barbara Z. Marchant, “Charles Lee: A Disobedient Servant,” in The Revolutionary War in Bergen County: The Times That Tried Men’s Souls , ed. Carol Karels (Charleston: The History Press, 2007), 108.
4 Edward Langworthy, Memoirs of the Life of the Late Charles Lee (1813), 2.
11 Arthur D. Pierce, Smugglers’ Woods: Jaunts and Journeys in Colonial and Revolutionary New Jersey (New Brunswick, N.J.: Rutgers University Press, 1960, repr. 1992), 206.
12 William Glanville Evelyn, Memoir and Letters of Captain W. Glanville Evelyn, of the 4th Regiment from North American, 1774–1776 , ed. G. D. Scull (1879), 104.
13 Washington Irving, Life of George Washington , 1:310.
14 Banastre Tarleton to Jane Tarleton, December 14, 1776, qtd. in Robert D. Bass, The Green Dragoon: The Lives of Banastre Tarleton and Mary Robinson (New York: Holt, 1957), 20–22.
15 David Lee Russell, Victory on Sullivan’s Island (Haverford, Penn.: Infinity Publishing, 2002), 254.
16 Evelyn, Memoir and Letters of Captain W. Glanville Evelyn , 109.
18 The Lost War: Letters from British Officers during the American Revolution , ed. Marion Balderston and David Syrett (New York: Horizon, 1975), 130.
19 There is uncertainty as to whether General Lee’s treatment was as harsh as the rumors reported in Scots Magazine suggested. Nevertheless, these rumors prompted the Americans to seek revenge.
20 Washington to Sir William Howe, January 13, 1777, in The Papers of George Washington, Revolutionary War Series , 8:59–60.
21 He said, “your Conduct must and shall mark mine.” Washington to William Howe, January 13, 1777, in The Papers of George Washington, Revolutionary War Series , 8:60.
22 Washington to the Continental Congress Executive Committee, January 12, 1777, in The Papers of George Washington, Revolutionary War Series , 8:45.
23 Washington to the President of Congress, July 15, 1776, in The Papers of George Washington, Revolutionary War Series , 5:325.
24 Samuel Blachley Webb, Correspondence and Journals of Committee to Washington , 2:62. Many thanks to Professor John Fabian Witt for bringing this quote to my attention. It may be found in his excellent account in Lincoln’s Code: The Laws of War in American History (New York: Free Press, 2012), ch. 1.
25 The American Commissioners to Lord Stormont, April 2, 1777, in The Papers of Benjamin Franklin , ed. William B. Wilcox (New Haven: Yale University Press, 1983), 23:548.
26 Journals of the Continental Congress , 5:457–58.
27 Major General Artemas Ward to Washington, June 20, 1776, in The Papers of George Washington, Revolutionary War Series , 5:60.
28 As cited in David Lee Russell, Oglethorpe and Colonial Georgia: A History, 1733–1783 (Jefferson, N.C.: McFarland & Co., 2006), 98.
29 Charles H. Walcott, Sir Archibald Campbell of Inverneill; Sometime Prisoner of War in the Jail at Concord, Massachusetts (1898), 10; Illustrated Naval and Military Magazine , A monthly journal devoted to all subjects connected with Her Majesty’s land and sea forces 1 (1889): 479.
30 George Washington to John Hancock, June 30, 1776, in The Papers of George Washington, Revolutionary War Series , 5:159–60.
31 Robert A. McGeachy, “The American War of Lieutenant Colonel Archibald Campbell of Inverneill,” Early America Review , Summer/Fall 2001.
32 Journals of the Continental Congress, January 6, 1777, 7:16.
33 George Washington to James Bowdoin, February 28, 1777, in The Papers of George Washington, Revolutionary War Series , 8:461.
37 C. Stedman, History of the American War (1794), 1:169.
38 McGeachy, “The American War of Lieutenant Colonel Archibald Campbell of Inverneill,” quoting “Letter from ‘Old England,’” Scots Magazine 39 (1777): 250–51.
39 Evelyn, Memoir and Letters of Captain W. Glanville Evelyn , 108.
40 See John Richard Alden, General Charles Lee: Traitor or Patriot? (Baton Rouge: Louisiana State University Press, 1951).
47 McGeachy, “The American War of Lieutenant Colonel Archibald Campbell of Inverneill,” quoting “Letter from ‘Old England,’” Scots Magazine 39 (1777): 250–51.
48 Washington to Lieutenant Colonel Archibald Campbell, March 1, 1777, in The Papers of George Washington, Revolutionary War Series , 8:469; see Washington to Bowdoin, February 28, 1777.
50 David Barron and Martin Lederman have disagreed with me on this issue in their excellent article, “The Commander in Chief at the Lowest Ebb—Framing the Problem, Doctrine, and Original Understanding,” Harvard Law Review 121 no. 3 (2008): 689. They argue that Washington was not contravening Congress’s orders, since the January 6, 1777 resolution called for Campbell to be treated the same as Lee. They reason that because Washington believed Lee was not being treated as poorly as the reports suggested, he was therefore still abiding by the congressional resolution. However, this does not fully address the issue since it does not take into account Congress’s subsequent order. Congress expanded its justification for mistreatment in the February 28, 1777 order to include Howe’s actions regarding his January 23, 1777 letter in response to the Americans’ efforts to trade for Lee, alone. Thus, even if Washington believed that Lee was being treated better than the Americans’ reports suggested (and therefore, Campbell should be treated the same according to the January 6 resolution), he was acting against Congress’s February 28 order that Campbell be mistreated based on Howe’s conduct alone.
51 Journals of the Continental Congress , June 2, 1777, 8:411.
52 Journals of the Continental Congress , March 2, 1781, 19:227.
53 R. Bickerton to Major John Bowater, March 4, 1778, in The Lost War , ed. Balderston and Syrett, 158.
54 American Scenic and Historic Preservation Society, The Old Martyrs’ Prison, New York (1902).
55 See Washington to Howe, January 13, 1777, in The Papers of George Washington, Revolutionary War Series , 8:59–60. “I am sorry that I am again under the necessity of remonstrating to you upon the Treatment which our prisoners continue to receive in New York. Those, who have lately been sent out, give the most shocking Accounts of their barbarous usage, which their Miserable, emaciated Countenances confirm . . . . [I]f you are determined to make Captivity as distressing as possible, to those whose Lot it is to fall into it, let me know it, that we may be upon equal terms, for your Conduct must and shall mark mine.”
Chapter 12: To Defend the Nation
1 Balfour to the Militia prisoners of war, May 17, 1781, in The Remembrancer, or Impartial Repository of Public Events , 13 (1782), 288.
2 Thomas Anburey, Travels Through the Interior Parts of America (1789; Boston and New York: Houghton Mifflin, 1923), 2:295.
7 “Chinese Torture,” Medieval Torture, Medieval-Castles.org . Also, see George Henry Mason, The Punishments of China (London: Printed for W. Miller by S. Gosnell, 1808); Lu Xixing, Zhongguo gu dai qi wu da ci dian: bing qi, xing ju juan , (Shijiazhuang Shi: Hebei jiao yu chu ban she, 2004).
11 Angela E. M. Files, Loyalist Families of the Grand River Branch U.E.L.A.C. , United Empire Loyalists’ Association of Canada (1991).
12 Indeed, on many occasions, especially in the beginning of the war and when the torture served no purpose, Washington forbade torture; see Washington to Hancock, August 29, 1776, in The Papers of George Washington, Revolutionary War Series , 6:155–56 (discussing a plan to convert the Hessians by treating those captured kindly); however, in other instances, such as when torture could be used to better the treatment of American prisoners, he does suggest torture to be an abhorrent, yet viable, option.
13 Anburey , Travels Through the Interior Parts of America , 2:62, also qtd. in Robert C. Doyle, The Enemy in Our Hands: America’s Treatment of Enemy Prisoners of War, from the Revolution to the War on Terror (Lexington: University Press of Kentucky, 2010), 26.
14 Letters of Brunswick and Hessian Officers during the American Revolution , transl. William Leete Stone (1891), 163.