By Frank R. Stockton

Originally published in 1896
This Web version, edited by GET NJ, COPYRIGHT 2003

The question was to be decided by lot according to the following plan: the thirteen names of the officers were written each upon a little slip of paper, and these were put into a hat. Then in another hat were placed thirteen other slips of the same size, all of them blank excepting one, on which was written the word "unfortunate." Two drummer boys were called in to draw out the slips, one from one hat, the other from the other. As one boy drew out the piece of paper and read the name of the officer written upon it, the other boy at the same time drew a slip from the other hat. After several drawings, in which the slips from the second hat had all been blank, one of the boys drew, and read upon the little piece of paper the name of Captain Asgill, and at the same time the other boy drew out a slip, and read the word "unfortunate." This decided the matter; and the American officer in command turned to the leader of the dragoons and said to him, "This gentleman, sir, is your prisoner."

Now this most tragical meeting broke up, and we are told that every man in that room, except Captain Asgill himself, was in tears. The truly unfortunate man who had been chosen by this most doleful chance was a handsome young gentleman, scarcely more than a boy. He was beloved by every one who knew him, and he would have been the last man to have consented to any such deed as that for which he was to pay the penalty. When it became known that he had been selected by fate to be executed in retaliation, every one who knew anything about him, either in the British army or the American, deeply deplored the fact that the doom should have fallen on one who so little deserved it. Captain Asgill was taken to Philadelphia, and after a while was carried to New Jersey, where in Chatham, Morris County, he was held to await his end.

Washington himself was greatly affected by this event; and he wrote to the colonel who had charge of Captain Asgill, to treat the unfortunate young man with all tenderness and respect while he should be in his hands, and to do everything for him that was consistent with propriety under the circumstances.

Now, there came from many parts of this country, as well as from the English, all sorts of communications and memorials addressed to the government and the commander of the army, urging clemency in the case of this unfortunate young man; and it was no doubt in consequence of these, that his punishment was delayed from time to time.

Captain Asgill's mother was a lady of good position in England, and, overwhelmed with grief at the impending fate of her son, she spared no efforts to save him. She wrote to every man of influence whom she knew ; and among others she wrote to the Count de Vergennes, who was in this country as the representative of the court of France

The French, who had been the faithful friends of the Americans throughout the struggle, were as willing to assist their allies to be merciful and forgiving as they were to help them fight their battles. The ambassador addressed a strong letter to Congress, urging that young Captain Asgill might be spared, and sending a copy of the letter written by the heartbroken mother

Still war is war; and one of its laws is, that, if a prisoner is unjustly killed by an enemy, one of the enemy's men held as prisoner shall be killed in retaliation, the object being, of course, to put a stop to unjust executions. With this law in view, Congress did not consent to countermand the young man's execution.

Captain Asgill had another friend, a powerful one, who did all that he could to save him from his impending fate. This was General Washington, who from the first had pitied the young man on account of his youth and general character; but he had also objected to the selection for the reason that he had been among the officers who surrendered with Lord Cornwallis, who had been promised that they should not be dealt with as hostages. There were other prisoners who might have been more justly taken as subjects of retaliation, but for some reason the thirteen officers who had been summoned to this trial by lot were not among those who were justly liable in the case. Washington felt that the selection of Asgill was a breach of good faith, and he did all that he could to induce the secretary of war to act justly and honorably in the matter. At all events, the efforts in behalf of the young officer had the effect of delaying the execution; and three months after his fatal lot had been drawn, he was allowed to go to Morristown and remain there a prisoner on parole.

Not long after this, another reason arose for the pardon of Captain Asgill, which was used with effect by his friends. Peace was now approaching, and there was no need of the execution of hostages in order to prevent further outrages on the part of the enemy; and so the members of Congress began to feel that after this long delay, and the approaching general rejoicing in the success of American independence, it would seem like murder to execute this young man. Therefore, a law was passed by Congress, directing that Captain Asgill should be set at liberty and allowed to return to his family.

Dreadful months of suspense and fearful anticipation had darkened the souls of this young soldier, his family, and his friends ; but they had probably produced a better effect upon the minds of the lawless bands of Tory refugees than would have resulted had the the execution taken place; for, had Captain Asgill been hung, there is no doubt that an American prisoner would have suffered in his place; and how many more steps in the bloody business of retaliation would have taken place, no man can tell. So, if we look at the matter philosophically, it may have been a very good thing that the British officer selected to atone for the death of Captain Huddy happened to be a young man whom nobody wished to kill, for the merciful delay exercised in his case was the probable cause of the cessation of retaliation during the last months of the Revolution.

Authorities:
"Historical Collections." Barber and Howe.
"History of New Jersey." J. C. Raum.
"Story of an Old Farm." A. D. Mellick.