New-York tribune., 1879-01-04
MAJOR ANDRE AGAIN.

TO the Edtlor Of The TrtbHHe.
sir: I'm your short article on Major Andre
suggested by the monument 1t Is proposed To erect 10
lis memory, you say tnat those who have depoFed
the fate Of Andre most warmly have never suggested
any way in which could possibly lave been avoided
Admitting tins to be true it does not follow that the
execution of that gallant officer legal one. The
trutn is that Washington was position full Of din
cult; The colousts having declared themselves lnde
penden he found himself under thn stern necessity OF
acting IN harmony with the Dec aIation oil lhdfpeh
dence Had ne pardOned Andre he would nave tx'
poscd himself to the taunt Of cowardice. caused 1t
voud have been Sad by tie conviction that the Decla
ration was after all nothing but idle words which Gld
not. and could not, make tue colonies indepen-
dent de facto. The law applicable to spies like
the other laws OF war, is one that governs
tho operations Of Independent nations alone That thy
d not exist for the benefit of rebels, Is proved by the
fact that those taken against their country or
regularly constituted authority are liable 10 tie pun
ishmrut of death-a fate from which mere prisoners OF
war are exempt among all vIzcd nations. II the colo
MES we're really independent, Andre was lawfully exc
cuted; II they were not he murdered. Now what
were the facts 2 The colonies III state OF in
the object of which was to destroy British
authority them and erect another government III
its place Congress therefore the army and those VINO
abettcd the struggle for what wa called reedon we're
rrDcls-nOthing more or less. true, thty hau de-
themselves
IN assert indrpendence, quite another TO be lnde
nendeut IN fact The Southern States at the beginn ng
Of the recent cyll declared themselves lhuech-
dent but these dsTegared anu laughed AT ny
thr loya portion Of the Union. Those proceeding now
ever cannot he denied were IN all respects eAact!
paralIel 10 that Of 1916 and none or them really
amounted to anything they did not eSta0lsh the
independence which they simply declared lhOse VINO
assert as most of country men have done, tnat lnc
execution OF Andre strictly legal ana therefore
insti6,be act virtually condemn the United states Tor
continuing the moment after the SouutIu states
had declared their independence.
Al the date OF the execution the tie bct"eeh prtat
Rfalu and her Colonies remained, In legal SENSE IN
broken The American Army was stlll, III the eve OF
pubnr law au armed nand OF insurgents and r'OGls
The mother country mad the right that cannot ne as
putrd OF adopting all the usual meahs OI re-
calling disoyal people to their allrSlahce
and she nad the right Of going anywhere, ana
of Spudiuy Oneuy secretly, force or an ndEduil
to any u ace and for purpose thar hai inns emu III
view Arnold was known Ia the English 10 bt dt~lrouH
Of seyerIng his connection with the rebel cause anu o
aiding England ia putting an end TO the feoc'H1I.
Andre was sent to confer with him the subject He
was in legal sense II mistake not, only mess hsrr
or an agent, lawfully employed by his country As tue
Colonies were not in fact independent, his trn" char
could bC that OF spy, aud not being 81! MS
execution cannot he justified.
England and probably the whole civilized world re-
gardcd the movement the part OF the Colonies nS
rebellion uscrlhny no value to famous Declaration
~ legal Justification OF the act. IL Washington au'l
active leaders either before after the dc"h OF
Andre had been captured, their lives would Fave To en-
in danger; ana had tnrh been executed rs rch'S the
right uhict that penalty could not ha,e been nls
puted. W, ii. WILLS
Nclc Ham6Uy, Dee. 81. 1873.