The frankness and magnanimity with which Andre had conducted himself from the time of his appearance in his real character, had made a very favourable impression on all those with whom he had held any intercourse.  From this cause he experienced every mark of indulgent attention which was compatible with his situation; and, from a sense of justice as well as of delicacy, was informed, on the opening of the examination, that he was at liberty not to answer any interrogatory which might embarrass his own feelings.  But, as if only desirous to rescue his character from imputations which he dreaded more than death, he confessed every thing material to his own condemnation, but would divulge nothing which might involve others.

[Sidenote:  Trial and execution of Major Andre.]

The board reported the essential facts which had appeared, with their opinion that Major Andre was a spy, and ought to suffer death.  The execution of this sentence was ordered to take place on the day succeeding that on which it was pronounced.

Superior to the terrors of death, but dreading disgrace, Andre was deeply affected by the mode of execution which the laws of war decree to persons in his situation.  He wished to die like a soldier, not as a criminal.  To obtain a mitigation of his sentence in this respect, he addressed a letter[45] to General Washington, replete with the feelings of a man of sentiment and honour.  But the occasion required that the example should make its full impression, and this request could not be granted.  He encountered his fate with composure and dignity; and his whole conduct interested the feelings of all who witnessed it.

[Footnote 45:  See note No.  IV. at the end of the volume.]

The general officers lamented the sentence which the usages of war compelled them to pronounce; and never perhaps did the Commander-in-chief obey with more reluctance the stern mandates of duty and policy.  The sympathy excited among the American officers by his fate, was as universal as it is unusual on such occasions; and proclaims alike the merit of him who suffered, and the humanity of those who inflicted the punishment.

Great exertions were made by Sir Henry Clinton, to whom Andre was particularly dear, first, to have him considered as protected by a flag of truce, and afterwards, as a prisoner of war.

Even Arnold had the hardihood to interpose.  After giving a certificate of facts tending, as he supposed, to exculpate the prisoner, exhausting his powers of reasoning on the case, and appealing to the humanity of the American general, he sought to intimidate that officer, by stating the situation of many of the most distinguished individuals of South Carolina, who had forfeited their lives, but had hitherto been spared through the clemency of the British general.  This clemency, he said, could no longer be extended to them should Major Andre suffer.

It may well be supposed that the interposition of Arnold could have no influence on Washington.  He conveyed Mrs. Arnold to her husband in New York,[46] and also transmitted his clothes and baggage, for which he had written; but, in every other respect, his letters, which were unanswered, were also unnoticed.