Sir Charles Asgill, 2nd Baronet

General Sir Charles Asgill, 2nd Baronet, GCH (6 April 1762 – 23 July 1823) was a career soldier in the British Army. Asgill enjoyed a long military career, eventually rising to the rank of general. He is best remembered as the principal of the so-called "Asgill Affair" of 1782, in which his retaliatory execution while a prisoner of war was commuted by the American forces who held him, due to the direct intervention of the government of France.

Sir Charles Asgill, Bt
Personal details
Born	6 April 1762 London, England
Died	23 July 1823 (aged 61) London, England
Political party	Whig
Spouse(s)	Jemima Sophia Ogle
Relations	Sir Charles Asgill, 1st Baronet and Sarah Theresa Pratviel. John Asgill, 1659–1738, (known as "Translated" Asgill) was a relative, both being descendants of Joshua Asgyll MA, DD
Residence	6 York Street, St. James's (1791–1821)[1]
Alma mater	Westminster School University of Göttingen
Signature
Military service
Allegiance	Great Britain
Branch/service	British Army
Years of service	1778–1823
Rank	General
Battles/wars	American Revolutionary War (1775–1783) Flanders campaign (1792–1795) Irish Rebellion of 1798

Early life and education

Asgill's handwriting in 1778: "An Honest Man is the noblest work of God."

Charles Asgill was born in London on 6 April 1762, the only son of one-time Lord Mayor of London Sir Charles Asgill and Sarah Theresa Pratviel, whose home was Richmond Place, now known as Asgill House, in Surrey.[2] He was educated at Westminster School and the University of Göttingen.[3]

He entered the army on 27 February 1778, just before his 16th birthday, as an ensign in the 1st Foot Guards, a regiment today known as the Grenadier Guards.[4][5] According to Ambrose Vanderpoel: "Asgill insisted upon entering the army contrary to the wishes of his parents. His father offered to give him a house and £3000 per year [in 2020 worth £480,948 p.a.[6]] if he would adopt some other profession."[7] Asgill became lieutenant in the same regiment with the rank of captain in February 1781.[4][8]

Soon afterwards, Asgill was ordered to North America to fight in the American Revolutionary War. He shipped out for America in March 1781. After Asgill joined Cornwallis's army, his company commander fell ill. The young lieutenant and captain Asgill took charge of the unit and led it in a successful attack on a post held by local militia under an elderly colonel named Gregory. Colonel Gregory was wounded and captured, and Asgill won the admiration of his enemies for his kindness toward a fallen foe. Roger Lamb, writing in 1809, quoted an extract from a Hibernian Magazine article of 1782, which he wrote "may serve to shew what was the prevailing opinion of the day relative to that officer":

Captain Asgill is only seventeen years of age, a captain in the first regiment of foot guards, and only son of Sir Charles Asgill, Bart. Possessed of every virtue that can endear him to his family or acquaintance, and in the last campaigns in America, has given sufficient earnest of a spirit and conduct under the different commands, (which have devolved on him by the illness or absence of his senior officers), that would render him an honor to his profession and country. ... so well known to him [General George Washington] by his bravery and humanity in different instances, particularly when the command devolving on him by the illness of his colonel, he took a post from the Americans, commanded by colonel Gregory, who being old and wounded, he supported him himself, with an awful and tender respect most filial, evincing the true greatness of his amiable mind.[9]

Captain Asgill became an American prisoner of war following the capitulation of Lord Cornwallis following the siege of Yorktown, Virginia, in October 1781.[4]

The "Asgill Affair"

Cornwallis's surrender in October 1781 following the siege of Yorktown, after which Asgill became a prisoner of war.

In April 1782, a captain of the Monmouth Militia and privateer named Joshua Huddy was overwhelmed and captured by Loyalist forces at the blockhouse (small fort) he commanded at the village of Toms River, New Jersey. Huddy was accused of complicity in the death of a Loyalist farmer named Philip White who had died in Patriot custody.

A document dated May 1782 in the papers of George Washington records various violent acts taken against people in parts of New Jersey, such as Monmouth County, some of whom are specifically identified as being Loyalists, and among those listed is Philip White for which the paper says:[10]

Philip White Taken lately at Shrewsburry in Action was marched under a guard for near 16 Miles and at Private part of the road about three Miles from Freehold Goal (as is asserted by creditable persons in the country) he was by three Dragoons kept back, while Capt. Tilton and the other Prisoners were sent forward & after being stripped of his Buckles, Buttons & other Articles, The Dragoons told him they would give him a chance for his Life, and ordered him to Run—which he attempted but had not gone thirty yards from them before they Shot him.

Philip White's brother, Aaron White, was captured with him, and although originally said that Philip was shot after trying to escape later recanted inasmuch as his statement had been made under threat of death and that his brother had actually been murdered in cold blood.[11]

As a consequence of White's death, Huddy was conveyed to New York City, then under British control, where he was summarily sentenced to be executed by William Franklin, the Loyalist son of Benjamin Franklin.[12] Huddy's execution was carried out by Richard Lippincott (Loyalist), who was eventually court martialed by the British for this crime.[13]

Huddy was held in leg irons aboard a prison ship until 12 April 1782, when he was taken ashore and hanged, after first being allowed to dictate his last will. Loyalists pinned a note to his chest reading "Up Goes Huddy for Philip White" and his body was left hanging overnight. He was buried at Old Tennent Church[14] by Patriotic supporters. "Huddy's execution caused a great public outcry in New Jersey and throughout the colonies, and immediate calls for bloody vengeance" demanding retribution for Huddy's death, and presented to American commander General George Washington.[12]

Washington responded to this pressure by declaring that a British captain would be executed in retaliation for the killing of Huddy. On 27 May 1782, lots were drawn at the Black Bear Inn, Lancaster, Pennsylvania,[15] with Asgill's name being drawn by a drummer boy, together with the paper marked "Unfortunate", which put him under threat of execution.[12] Asgill's fellow officer, Major James Gordon, protested in the strongest terms to both General Washington and Benjamin Lincoln, the Secretary of War, that this use of a lottery was illegal.[16] By 5 June 1782 Washington was most concerned regarding his orders to Brigadier General Moses Hazen to select a conditional prisoner for retaliation. He too writes to Lincoln seeking his opinion as to the "propriety of doing this".[17] Furthermore Alexander Hamilton writes to Major General Henry Knox on 7 June 1782 arguing against the execution in the strongest terms, saying "A sacrifice of this sort is intirely repugnant to the genius of the age we live in and is without example in modern history nor can it fail to be considered in Europe as wanton and unnecessary."[18]

After lots were drawn on 27 May 1782, Hazen, who had been in charge of the proceedings, wrote that same day to Washington to inform him that Major James Gordon had identified unconditional prisoners, but that Asgill was on his way to imprisonment for the next six months, where he awaited the gallows on a daily basis. He also told Washington that his orders of 3[19] and 18 May 1782[20] had been painful for him to carry out. "Since I wrote the above Majr Gordon has furnished me with an Original Letter of which the inclosed is a Copy, by which you will see we have a Subaltern Officer and unconditional Prisoner of War at Winchester Barracks. I have also just received Information that Lieut. Turner, of the 3rd Brigade of Genl Skinner's New-Jersey Volunteers is in York Goal—but as those Informations did not come to Hand before the Lots were drawn, and my Letters wrote to your Excellency and the Minister of War on the Subject, and as I judge no Inconveniency can possibly arise to us by sending on Capt. Asgill, to Philadelphia, which will naturally tend to keep up the Hue and Cry, and of course foment the present Dissentions amongst our Enemies, I have sent him under guard as directed. Those Officers above-mentioned are not only of the Description which your Excellency wishes, and at first ordered [on 3 May], but in another Point of View are proper Subjects for Example, been Traitors to America, and having taken refuge with the Enemy, and by us in Arms. It have fallen to my Lot to superintend this melancholy disagreeable Duty, I must confess I have been most sensible affected with it, and [do] most sincerely wish that the Information here given may operate in favour of Youth, Innocence, and Honour".[15][21]

Mayo tells us of Hazen’s compassion towards the selected victim – there is no doubt that he was genuinely aggrieved at the part he had been ordered to play: "As he [Hazen] rode at Gordon's side [as they accompanied Asgill on his journey to Chatham, via Philadelphia, at which point Hazen bade his farewell], bitterly ruminating, Hazen racked his brains to think of those influential in Philadelphia, seat of the Government, whose sympathies and aid might be enlisted in Asgill's behalf. Such men he named, advising how to reach them. Together they talked of the letters that Gordon had written and that Hazen's help had sped on their way. Those letters ought to be given all possible time to reach their destination before the next move could be made. So Gordon declared; so Hazen agreed. And with the Scot's request that the journey to Philadelphia - seventy miles - be taken, therefore, as slowly as possible, the American at once fell in. Finally the moment came when Hazen must turn back. As he did so, his last act was to order the officer commanding the escort that in all matters not at variance with the safekeeping of the prisoner he render strict obedience to Major Gordon's desires. Here were two men born to understand each other the American and the Scot. Of the two it were hard, perhaps, to guess which, at their parting, felt the sadder — the one for the rôle he had been forced to play; the other for a true man driven to a deed that sickened him." [22]

Washington, having specifically ordered Hazen, on 18 May, to select conditional officers in the drawing of lots (if no unconditional officers were available), when he receives Hazen’s letter of 27 May he replies, on 4 June, telling him that he has made a mistake. What was Hazen to do? His orders had been clear and urgent; and no unconditional prisoners had been sent on to Lancaster in time for the drawing of lots. Hazen was one of the wayside Samaritans in this sorry saga, yet now the blame was being placed firmly on him – indeed, it has gone down in history as a ‘misstep by Hazen’. He must have been very disappointed to receive the following words from his commander-in-chief, as recorded by Vanderpoel. "Head Quarters, 4th June, 1782. Sir, I have received your favr of the 27th. May, and am much concerned to find, that Capt Asgill has been sent on, notwithstanding the Information, which you had received, of there being two unconditional Prisoners of War in our possession. I much fear, that the Enemy, knowing our delicacy respecting the propriety of Retaliating upon a Capitulation officer in our Care, and being acquainted that unconditional prisoners are within our power, will put an unfavorable Construction upon this Instance of our Conduct. At least, under present Circumstances Capt Asgill's application to Sir Guy Carleton will, I fear, be productive of remonstrance and Recrimination only, which may possibly tend to place the Subject upon a disadvantageous footing. To remedy therefore as soon as possible this mistake, you will be pleased immediately to order, that Lieut Turner, the officer you mention to be confined in York Gaol, or any other prisoner who falls within my first Description, may be conveyed on Phila under the same Regulations and Directions as were heretofore given, that he may take the place of Capt Asgill. In the mean Time, lest any misinformation respecting Lt. Turner, may have reached you, which might occasion further Mistake and Delay, Capt Asgill will be detained untill I can learn a Certainty of Lieut Turner's or some other officer's answering our purpose; and as this Detention will leave the Young Gentleman now with us in a very disagreeable State of Anxiety and Suspense, I must desire that you will be pleased to use every means in your power, to make the greatest Despatch in the Execution of this order."[23]

Colonel Elias Dayton's House in Chatham New Jersey, with permission from the Summit Historical Society.

Timothy Day's Tavern, Chatham, NJ, the location of Asgill's imprisonment in 1782. From "At the crossing of the Fishawack" by John T. Cunningham (p.11) with permission from the Chatham Historical Society. "The Asgill Affair" is featured in the Winter 2019 issue of The Journal of Lancaster County's Historical Society, which devoted the entire issue to this subject.[15]

From Lancaster, Pennsylvania, 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 P.S. to his letter to Dayton of 11 June 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".[24] In the event, however, Asgill was sent, under close arrest, to Timothy Day's Tavern.[15] While he was under arrest at the tavern, he suffered from beatings and deprivation of edible food.[25] Asgill would write in 1786 that customers of the tavern paid for admission to see him suffering, and that personal letters from his family were withheld from him.[26]

Map showing locations of Colonel Elias Dayton's house and Timothy Day's Tavern as they were in 1782. OpenStreetMap

On page 44 of Summit New Jersey, From Poverty Hill to the Hill City by Edmund B. Raftis there appears a map of Chatham in 1781. Clearly marked is the home of Colonel Dayton and also Timothy Day's Tavern, the first and second locations of Asgill's imprisonment. The map also shows that the population of Chatham at that time was approximately 50 homesteads, most of these homes having been notated with the names of the occupants. A 21st century map shows that the present day location of Timothy Day's Tavern would be in the vicinity of 19 Iris Road and Dayton's house was on what is now Canoe Brooke Golf Course.[15]

Vanderpoel mentions that: "THROUGH the long and weary months of the summer of 1782 Captain Asgill remained at Chatham in a state of constant anxiety and suspense, dreading from day to day that the order for his execution would be issued. To add to his distress, it was erroneously reported in America during his captivity that his father, Sir Charles Asgill, who was known to be seriously ill, had passed away, and his captors unintentionally caused him a painful shock by addressing him with the family title; though later an express from New York gave him reason to hope that the report of his father's death was incorrect."[27]

His anxiety levels were high, never knowing when the call would come for him to go to the gallows, and he also felt anxious that family and friends in Europe were under the misguided impression that the parole awarded him (in order to restore his health, which had severely deteriorated during his close custody at Timothy Day’s Tavern) meant he was no longer in danger of execution. Ambrose Vanderpoel reproduces some of his letters expressing this fear: Asgill to Elias Dayton: "Chatham, Sep'br. 6th. 1782. Least by any accident you should not receive my letter of the 5th. inst. which an officer of the Jersey line took charge of, I judged it would be best to prevent your conceiving me remiss in answering yours to send this duplicate by the Post, thanking you for your very early attention in writing to me, tho I am sorry my request cannot be complied with — when you first informed me that it was General Washington's orders that I should be admitted on Parole, I naturally concluded that every Idea of retaliating upon me for the Murder of Capt. Huddy was given up by his Excellency, & my only remaining wish to compleat my happiness was, that you would procure Genl Washington's permission for me to go to Europe, buoyed with the hopes of soon revisiting those who must have long mourned my unhappy confinement, & since that time till the Receipt of yours, my Health and Spirits, which you with pleasure seemed to Notice, daily mended, but now how great & afflicting is the change, those pleasing Ideas are entirely vanished, & the prospect of continuing much longer in this dreadful Suspense will I fear if at a future time the decision proves favourable, be too late, to render comfort either to me or my aged Father. As soon as you become informed of the Determination of Congress, I hope you will be kind enough to communicate the Resolve to me — being absent from the Inn at Morris, where your letter was left, I did not hear of it till the next Day, & then it was received opened. Permit [me] to intreat you to intercede with Genl Washington in my behalf, & assist in relieving my present anxiety. believe me Dear Sir with Gratitude for your feeling & Humane conduct to me,..." Asgill writes to Dayton again six days later:

"Chatham, Sept'r 12th. 1782. Sir, I hope my great anxiety to obtain permission to return to Europe will plead my excuse for giving you so much trouble, the more I reflect on my present Situation the more desirous I am for the accomplishment of my Wishes, as I conceive myself by being admitted on Parole in every respect as before this unhappy affair, & not the Object of Reprisal. the Confidence I have in your goodness of Heart which prompts you to assist the truly unfortunate, leaves me no doubt that the consideration of the consequence that must follow much further delay in this affair will weigh with you to use your utmost endeavours toward procuring me Genl. Washington's Permission to revisit Friends in England. Believe me with Gratitude & Esteem,Your Obligd Ser't Chas. Asgill." [28]

As a consequence of the conditions Asgill experienced at the tavern, he wrote again to Washington on 27 September 1782, stating "I fear fatal consequences may attend much longer delay" and "I hope when your Exy considers that I am not in the situation of a Culprit, that while on Parole I never acted contrary to the Tenor of it that my Chief motives for being so eager for further Enlargment is on account of my Family, these facts, I hope, will operate with your Excellency, to reflect on my unhappy Case, & to relieve me from a state, which those only can form any Judgment of, who have experienced the Horrors Attending it".[29] Three weeks later, still not knowing his fate (a further month would pass before he knew he was free to return home), so Asgill decides to write to Washington once more, begging to be placed under close arrest again, since parole has made no difference to his awaiting the gallows daily:

"Chatham Octr 18th Sir — I have been honored with your Excellys Letter & am exceedingly Obliged by the attention to which mine received. I will not intrude on your time by repetitions of my Distress, which has lately been increased by accounts that my Father is on his Death Bed. I have only to entreat as it may be a long while ere Congress finally determine, that your Excellency will be pleased to allow me to go to New York on Parole & to return in case my reappearance should hereafter be deemed necessary — if this request cannot be granted I hope your Excellency will give orders that my Parole may be withdrawn, as that Indulgence without a prospect of further Enlargement affords me not the least satisfaction, I had rather endure the most severe confinement than suffer my Friends to remain as at present decieved, fancying ever since my first admission on Parole, that I was entirely liberated & no longer the Object of retaliation — if your Excelly could form an Idea of my sufferings I am convinced the trouble I give would be excused. I have the Honor to be your Excellency's Most Obedt Hbl Servt" [30]

R. Lamb, late Serjeant in the Royal Welch Fuzileers wrote: "As I am in possession, of more accurate information on this subject than most who have written on American affairs, I shall take the liberty of detailing on the facts. The spirit of political rancor in America had at this period risen to an uncommon height," ... "Captain Asgill had frequent opportunities of making his escape into New York; his whole guard (so greatly was he beloved by them) offered to come in along with him, if he would provide for them in England. Although these offers must have been very tempting to a prisoner, under sentence of death! yet he scorned to comply, as it would have involved more British officers in trouble. He nobly said: ‘As the lot has fallen on me, I will abide by the consequences.’" ... "Indeed the captain received very bad usage throughout his confinement; he was constantly fed upon bread and water. This harsh treatment constrained him to send his faithful servant to New York to receive and carry letters for him. This man ran great hazard in passing over the North River to New York."[31]

Ambrose Vanderpoel states that: "Intelligence of Asgill’s plight reached London on or about the 13th of July." [32] So, by the summer of 1782 Ministers in Whitehall, London, were becoming involved in the events taking place in America. King George III was informed, and was expressing his views too: On 10 July 1782 a letter from Sir Thomas Townshend, 1st Viscount Sydney, the British Home Secretary, to Sir Guy Carleton, 1st Baron Dorchester, Commander-in-Chief, North America, read:

"Whitehall. Private. Sir, The unhappy State of the Family of Captain Asgill of the Guards has occasioned my giving you this mantle. The News of that officer’s being confined by Gen. Washington in direct contradiction to the Articles of Capitulation has struck every body with astonishment. It is most probable that the current fate of this unfortunate affair will have been determined before this reaches you. But in case it should not, I can not help suggesting to your Excellency, that an application to M. de Rochambeau as a Party in the Capitulation seems to me a proper and necessary step. I think it most probable, that you have taken this measure before this time, but the time of extreme affliction is something which is represented to me as existing at present in that unhappy family makes it impossible for me to refuse in taking a step that may afford them any hope or consolation. M. de Rochambeau, and indeed Mr Washington too must expect that the execution of an officer under the circumstances of Captain Asgill must destroy all future confidence in Treatys (sic) & Capitulations of every kind, & introduce a kind of War that has ever been held in abhorrence among Civilized Nations. I am &" [33]

Again, on 14 August 1782, Sir Tomas Townsend is writing to Sir Guy Carleton:

"Whitehall. Sir, I had the honor of receiving on the 11th of last Month and laying before The King, your Letter No 4 of the 14th June, ─ with the several Inclosures relative to the unauthorized Execution of Captain Huddy of the New Jersey Militia by Capt Lippencott, and of the unprecedented and extraordinary resolution of Genl Washington with regard to Capt Asgill of the Brigade of Guards; and however unpleasing the subject may have been to His Majesty’s Ear, He cannot too highly approve of the very judicious Measure you have taken thereupon, and rests in full confidence that the footing on which it appears to have been placed by your Letter No 9 of the 17th of June, that Justice has taken its course, and that the perplexing affair has come to a final decision. …"[34]

Four days later, on 18 August 1782, Sir Guy Carleton writes to Sir William Petty, 2nd Earl of Shelburne, the Prime Minister:

"My Lord, … The Arrest of Captain Asgill for the avowed Purpose of Retaliation, and the further Arrest of Captain Schaack, who is not protected by the Capitulation of York Town, together with the Perplexities which have attended the Trial of Captain Lippencot (sic), and which have produced his Acquittal, and concerning which so many Documents are transmitted to Your Lordship, are Matters which now approach to some Conclusion. The present Crisis I thought favourable, and I have accordingly written to General Washington and accompanyed (sic) my Letter with the Minister of the Court Martial, and such other Documents as I thought necessary for my Purposes and his Information; but what his Resolutions or those of Congress will be in this Matter I am Yet to learn. …"[35]

On hearing of her son's impending execution, Asgill's mother, Sarah Theresa, Lady Asgill (who was of French Huguenot origin), wrote to the French court, pleading for her son's life to be spared.[12][36] King Louis XVI and Queen Marie Antoinette ordered the comte de Vergennes, the Foreign Minister, to convey to General Washington their desire that a young life be spared.[12][37] Since France had also signed the Treaty of Capitulation, protecting prisoners of war from retaliation, they too were bound to honour the terms. Asgill was thus protected by the 14th Article of Capitulation in the document of Cornwallis's surrender, safeguarding prisoners of war. Such an unjustified execution would have reflected badly on France, as well as the newly emerging independent nation of America. Lady Asgill's letter, together with that from Vergennes, were presented to Congress for their consideration. These letters arrived just as Congress was about to vote to execute Asgill.

From Ambrose Vanderpoel we learn that Asgill’s fate was on a knife-edge in Congress: "One of the members of Congress at that time was Elias Boudinot of Elizabeth, N. J., who thus recorded in his journal the circumstances under which these letters were received, and the effect which they produced: A very large Majority of Congress were determined on his [Asgill's] Execution, and a Motion was made for a Resolution positively ordering the immediate Execution. Mr. Duane & myself considering the Reasons assigned by the Commander in Chief conclusive, made all the Opposition in our Power. We urged every Argument that the Peculiarity of the Case suggested, and spent three Days in warm Debate, during which more ill Blood appeared in the House, than I had seen. Near the close of the third Day, when every Argument was exhausted, without any appearance of Success, the Matter was brought to a Close, by the Question being ordered to be taken. I again rose and told the House, that in so important a Case, where the Life of an innocent Person was concerned, we had (though in a small Minority) exerted ourselves to the utmost of our Power. We had acquitted our Consciences and washed our Hands clean from the Blood of that Young Man. ... The next Morning as soon as the Minutes were read, the President announced a Letter from the Commander in Chief. On its being read, he stated the rec't of a letter from the King and Queen of France inclosing one from Mrs. Asgill the Mother of Capt. Asgill to the Queen [she actually wrote to the comte de Vergennes], that on the Whole was enough to move the Heart of a Savage. The Substance was asking the Life of young Asgill. This operated like an electrical Shock. Each Member looking on his Neighbor, in Surprise, as if saying here is unfair Play. It was suspected to be some Scheme of the Minority. The President was interrogated. The Cover of the Letters was called for. The General's Signature was examined. In Short, it looked so much like something supernatural that even the Minority, who were so much pleased with it, could scarcely think it real. After being fully convinced of the integrity of the Transaction, a Motion was made that the Life of Capt. Asgill should be given as a Compliment to the King of France." [38] After much debate Congress agreed that young Asgill should be released on parole to return to England.

In a letter from Robert R. Livingston to Benjamin Franklin, on 9 November 1782, he writes: "Mr Stewart, informing me that he shall set out tomorrow for Paris [where Franklin was negotiating the terms of the peace treaty], will be the bearer of this ... The only political object of a general nature, that has been touched upon in Congress since my last, is the exchange of prisoners, which seems at present to be as far as ever from being effected. The propositions on the side of the enemy were to exchange seamen for soldiers, they having no soldiers in their hands; that the soldiers so exchanged should not serve for one year against the United States; that the sailors might go into immediate service; that the remainder of the soldiers in our hands should be given up at a stipulated price. ... General Carleton has sent out the trial of Lippincott, which admits the murder of Huddy, but justifies Lippincott under an irregular order of the Board of Refugees. So paltry a palliation of so black a crime would not have been admitted, and Captain Asgill would certainly have paid the forfeit for the injustice of his countrymen, had not the interposition of their Majesties prevented. The letter from the Count de Vergennes is made the groundwork of the resolution passed on that subject."[39]

Once released by Congress, Asgill left Chatham immediately,"...riding for the British lines with Washington's passport in his pocket; riding, day and night, as hard as horse-flesh can bear it. And now, all breathless, all caked with the mire of the road, not pausing to make himself decent, he stands before Sir Guy Carleton. For has he not learned, as he hammered through the streets of New York, that a packet-ship, the Swallow, is weighing anchor for England? Sir Guy sparing formalities, pushing him through, he dashes for the waterside — for the Swallow’s moorings. The Swallow had just sailed! In a small boat with a willing crew he makes after her, overhauls her twelve miles and more out, and so is off on the long voyage [home]... As the Swallow skims eastward, making, as it chances, a phenomenally quick run, time wears into the third and fourth month since Asgill's last news from home — since the writing of those impounded family letters. He cannot but be desperately anxious concerning his father, of whose condition he is now aware anxious, too, concerning them all. None the less so in view of the fact that his own last farewell, written home when he learned of the acquittal of Lippencott, may have come to their hand soon after this voyage began. As England nears, his trepidation grows. And when the Swallow drops anchor in the Thames — when he himself, in an hour or two, for better or for worse, must face the fact, the kindly captain of the packet another wayside Samaritan like Hazen, like Jackson, like Dayton, like the rest - must fain put all aside and go home with the boy to see him somehow over the crisis. Out, then, to Richmond they journey, where, on a tower-foundation of the ancient destroyed Palace of Sheen, Sir Charles has raised his country villa. But as the pair near Asgill House, young Charles can dare no more. Hidden amongst the trees by the river-bank, he waits while his friend feels out the ground. Bad news has indeed flown before them - has but lately arrived borne by young Asgill's own good-bye. Sure, now, that the word of the Crown of France had come too late, all the family has put on mourning. And the mother, no longer sustained by hope, has at last surrendered. Shut away in her room, she will see no one. So, in effect, the Swallow's captain is told when he knocks at Asgill House door. "Very well," said he to the footman, when other pleading failed, "then say to her Ladyship that I have just now come from New York, that I have lately seen her son, and that perhaps things are less bad than she imagines." Open flies the door, down runs the lady, the captain finishes his blessed task; and the rest, even after the lapse of a century and a half, seems too sacred for strangers' intrusion."[40]

When Asgill spent those brief moments with Sir Guy Carleton, prior to sailing for home, he handed him a letter from his friend, Major James Gordon. It read as follows: "Major James Gordon to Sir Guy Carleton. 1782, November. Chatham. — Sir, Captain Asgill will have the honour to deliver this to Your Excellency, who is at last set at liberty by a Vote of Congress after a long and disagreeable confinement, which he bore with that manly fortitude that will for ever reflect honour upon himself. During the period that he was close confined he had frequent opportunities of making his escape, and was often urged to do it by anonymous correspondents, one of which assured him that if he did not make use of the present moment an order would arrive next day from General Washington that would put it out of his power for ever. This letter he gave me to read, and at the same time told me (that unless I wou'd advise him to do it) he never wou'd take a step that might be the means of counteracting measures adopted by Your Excellency to procure his release, or might bring one of the officers of Lord Cornwallis's army into the same predicament, and that he had made his mind up for the worst consequences that cou'd happen from rebel tyranny."[41]

Asgill also delivered another letter to Carleton, written by Captain John Schaak, the unconditional officer Washington had hoped might be exchanged for Asgill, so he could go to the gallows in his stead. This explains that he had been confined in the prison huts for even longer than Asgill himself. "1782, November 15. Near Chatham. — Requesting His Excellency's aid to extricate him from the prison where he has been confined the last five months without any reason assigned. Marked "By Capt. Asgill." Autograph signed letter." "[42][43][44][45]

Katherine Mayo tells us: "Captain John Schaack of His Majesty's Fifty-seventh Regiment of Foot was made prisoner, it may be recalled, by Jersey privateersmen on May 20, 1782; and on June 11, by order of General Washington, was put under lock and key in the Jersey Line hutments to serve as substitute for Asgill, should Asgill run away. There and thus Schaack remained, held ready at all times for the emergency. But nothing ever was said of him. Where Asgill's name rang from every tongue, Schaack lay unheard of. Nor was this a matter of accident. Had his presence as an unconditional prisoner side by side with Asgill been publicly known, no useful excuse had remained for not letting Asgill go and hanging Schaack straightway. But a hanging, in terrorem, in Tom Paine's phrase, held values that must end with the jerk of the noose. Therefore the secret was so well kept that even the man himself, mouldering away in his cabin, could do no more than guess at the cause of his singular fate." [46]

Ambrose Vanderpoel explains that it wasn't until 15 January 1783 Washington wrote to Dayton congratulating him on his promotion to brigadier and went on to say: "If Captain Schaak is not yet gone to New York I must request you to take measures to oblige him to go in." Dayton replied to Washington on 20 January 1783 explaining that Schaak was still his prisoner and that he had mounting debts. He goes on to say that "he pretends he expects money from New York to discharge them." It is not known when Schaak was eventually released.[47][48]

Amelia Angelina Asgill (1757-1825), the eldest sister of Charles Asgill, 2nd Baronet

Ambrose Vanderpoel writes: "Captain Asgill left Chatham on November 17th; and he hastened to New York intent upon taking the first ship to England. Finding that the packet Swallow, Captain Green, of Falmouth, had just sailed, he abandoned his servant and baggage, procured a row-boat, and succeeded in overtaking the vessel. He reached his native land in safety on December 18th."[49]

A year later, together with his mother (who had been too ill to travel sooner) and his two eldest sisters, he went to France to thank the King and Queen for saving his life. The visit commenced on 3 November 1783. Asgill writes about this experience in his Service Records, in which he states, "The unfortunate Lot fell on me and I was in consequence conveyed to the Jerseys where I remained in Prison enduring peculiar Hardships for Six Months until released by an Act of Congress at the intercession of the Court of France."[50]

It was recorded in The Reading Mercury (a British local newspaper) on 30 December 1782, that Asgill (newly returned home following imprisonment in America) was at the levée for the first time since his arrival in town. This newspaper also recorded that Asgill's legs were still damaged from the use of leg irons.[51]

Following Asgill's return to England, lurid accounts of his experiences whilst a prisoner began to emerge in the coffee houses and press, and French plays were written about the affair.[25] Washington was angered that the young man did not deny these rumours, nor did he write to thank Washington for his release on parole.[52] Speculation mounted as to his reasons; Washington ordered that his correspondence on the Asgill Affair be made public.[53] His letters on the matter were printed in the New-Haven Gazette and the Connecticut Magazine on 16 November 1786, with the exception of his letter written to General Hazen on 18 May 1782, ordering him to include conditional prisoners in the selection of lots, in which he had violated the 14th Article of Capitulation.[54] However, Thomas Jones states: "Colonel David Humphreys (soldier) [Washington's former aide-de-camp] arranged and published them himself, not referring, of course, to Washington's agency in the matter..."[55]

It was five weeks before Charles Asgill was able to obtain a copy and sit down to read the account of his experiences, as recorded by George Washington. He wrote an impassioned response by return of post. His letter was also sent to the editor of the New-Haven Gazette and the Connecticut Magazine.[56]

Asgill's 18-page letter of 20 December 1786, including claims that he was treated like a circus animal, with drunken revellers paying good money to enter his cell and taunt or beat him, was not published.[50] Supposedly left for dead after one such attack, he was subsequently permitted to keep a Newfoundland dog to protect himself.[57]

I leave for the public to decide how far the treatment I have related deserv^d acknowledgements – the motives of my silence were shortly these      The state of my mind at the time of my release was such that my judgement told me I could not with sincerity return thanks     my feelings would not allow me to give vent to reproaches[58]

Aftermath

According to historian Peter Henriques, Washington made a serious error of judgement in deciding to revenge the murder of Joshua Huddy by sending a Conditional British officer to the gallows.[59]

Rumours about Asgill circulated, including that he had been taken to the gallows three times but led away on each occasion.[25] In his memoirs, Friedrich Melchior, Baron von Grimm wrote: "The public prints all over Europe resounded with the unhappy catastrophe which for eight months impended over the life of this young officer... The general curiosity, with regard to the events of the war, yielded, if I may so say, to the interest which young Asgill inspired, and the first question asked of all vessels that arrived from any port in North America, was always an enquiry into the fate of that young man. It is known that Asgill was thrice conducted to the foot of the gibbet, and that thrice General Washington, who could not bring himself to commit this crime of policy without a great struggle, suspended his punishment".[60] According to Anne Ammundsen, "Asgill became increasingly aware that his reputation was being besmirched by Washington, who felt aggrieved that Asgill had never replied to his courteous letter allowing him his freedom". Ammundsen notes that Asgill was "labelled a cad and a liar" for his refusal to deny the rumours about his experience as a prisoner. Ammundsen speculates that Asgill's silence was "perhaps [his] way of retaliating against the man who had threatened to take his life".[25]

For two and a half centuries, accounts of the Asgill Affair have painted Asgill's character, during these events, as dishonest and deficient in politeness.[25] Henriques argues: "George Washington was notoriously thin-skinned, especially on matters involving personal honor. The general angrily responded that Asgill's statements were baseless calumnies. He described in considerable detail a generous parole he had extended Asgill and Gordon, forgetting that earlier he had tightly limited Asgill's movements. Calling his former captive 'defecting in politeness,' he observed that Asgill, upon being repatriated, had lacked the grace to write and thank him".[52] In contrast to Henriques's account, Katherine Mayo writes that Asgill "seems to have published no statement at all concerning his American experience".[61]

As Katherine Mayo reports, when becoming aware of the rumours circulating, two of Asgill’s American Westminster school-friends decided to take action to help their friend: "Yet, when the war was over and quiet days restored, Major Alexander Garden (soldier), late of Lee's Legion, like many another young American Revolutionary of his class and cultural background, betook himself straight to England eager to resume the connections of earlier time. ...[and] To Henry Middleton (governor) Garden turned. This is the page that the two American Old Westminsters brought forth: Garden first touches on Washington’s conduct toward Asgill, not personally known to himself but noble and generous as he is sure it must have been. Then: I had been a school-fellow of Sir Charles Asgill, an inmate of the same boarding-house for several years, and a disposition more mild, gentle, and affectionate I never met with. I considered him as possessed of that high sense of honour which characterizes the youth of Westminster in a pre-eminent degree. Conversing sometime afterwards with Mr. Henry Middleton, of Suffolk, Great Britain, and inquiring if it was possible that Sir Charles Asgill, could so far forget his obligation to a generous enemy as to return his kindness with abuse, Mr. Middleton, who had been our contemporary at school, and who had kept up a degree of intimacy with Sir Charles, denied the justice of the accusation, and declared, that the person charged with an act so base not only spoke with gratitude of the conduct of General Washington, but was lavish in his commendations of Colonel Dayton [with whom Asgill spent his first weeks as a prisoner under threat of execution], and of all the officers of the Continental army whose duty had occasionally introduced them to his acquaintance [such as General Hazen, at the drawing of lots]. It may now be too late to remove unfavourable impressions on the other side of the Atlantic, (should my essay ever reach that far,) but it is still a pleasure to me, to do justice to the memory of our beloved Washington and to free from the imputation of duplicity, and ingratitude, a gentleman [Asgill] of whose merits I had ever entertained an opinion truly exalted. Whatever it may have effected in General Washington's behalf on the European side of the Atlantic, Garden's defence was powerless to save his school-mate's name in America. From note-makers such as Boudinot through the historians and essayists of the next half century, until the whole drama was forgotten few or none gave Asgill the benefit of the doubt."[62]

Allegations regarding Asgill's character were addressed in his letter to the New Haven Gazette and Connecticut Magazine, of 20 December 1786, which was published in The Journal of Lancaster County's Historical Society in December 2019, 233 years after it was written.[63] In the letter, Asgill wrote:

— the extreme regret with which I find myself oblg^d to call the attention of the publick to a subject which so peculiary if not exclusively concerns my own Character & private feelings will induce me to confine what I have to say within as narrow a Compass as possible — very little is necessary to the anonymous letter of the American Correspondent, who boasts his introduction to Coffee house Sages & making his assertions on coffee house authority so confidently affirms that Charges were exhibited against General Washington, by Young Asgill of illiberal treatment and cruelty towards himself...

It is sufficient to say that this Gentleman whoever he is never took the pains of ascertaining the truth of the intelligence he received from his Coffee house sages, by an application to me, tho I almost resided Constantly in London & that by neglecting so to do he has expos^d himself to the degrading circumstance of having positively asserted a groundless falsehood for I never did either suggest or countenance the report of a Gibbet having been erected before my prison Window — a Prison was indeed a Comfort that was denied me nor had the fact been so would it among the many indignities & unnecessary hardships I endur^d...

— in Truth no Gibbet was erected in sight of my window Tho during my Confinement I was inform^d at different times & by various persons that in Monmouth County a Gallows was Erected with this inscription "up goes Asgill for Huddy" for the truth of this I cannot vouch as I never saw it myself...[58]

Vanderpoel writes of the lack of gratitude shown by Asgill, on his return to England, since it is assumed by him that Asgill was treated well: "Whether Asgill entertained any gratitude toward his captors for the kindness and forbearance with which he was treated while a prisoner at Chatham is very doubtful; it is more likely that he carried with him on his return to England a feeling of resentment toward those who had compelled him to pass through this trying period of anxiety and terror ... and he may have attributed the leniency with which he was treated [this is Vanderpoel's assumption - history has not recorded that Asgill was treated well, but Asgill had alluded to his state of mind and physical health in his letter to Washington of 27 September 1782 - history has only recorded that Washington's order was that he be treated with kindness], and the delay in carrying his sentence into effect, to Washington's fear of the consequences of such an act, rather than to his tenderness and humanity." Whether Washington knew of the appalling treatment (which was the reality of Asgill’s situation during his captivity) is not known, but Vanderpoel did not have the benefit of reading Asgill’s account, written in 1786, since that document was hidden for two and a half centuries.[64]

Asgill's unpublished letter was offered for sale by an antiquarian bookseller in the United States in 2007, priced at $16,500. It was purchased by an anonymous private collector.[50] It has since been published, in the Winter 2019 issue of the Journal of Lancaster County's Historical Society.[15][63]

On 12 April 1982, a bicentennial commemorative cover for the Huddy-Asgill affair was produced.[65]

Historian Louis Masur argues that the Huddy-Asgill affair, in particular, "injected the issue of the death penalty into public discourse" and increased American discomfort with it.[66]

Impact on Paris peace talks

Historian John A. Haymond notes that some commentators on the Asgill Affair "feared the legal controversy might derail the slow steps toward a peaceful resolution to the conflict that were already underway". Haymond notes that the British prime minister, Frederick North, Lord North, "in a secret dispatch to Carleton, wrote of his concern that the matter 'not provide an obstacle in the way of accommodation'".[67] Holger Hoock, however, attributes this quote to a letter to Carleton not from North but from William Petty, 2nd Earl of Shelburne, who became prime minister in July 1782.[68] After defeat at Yorktown in October 1781, North had remained as prime minister in the hope of being allowed to negotiate peace in the American Revolutionary War, but following a House of Commons motion demanding an end to the war, he resigned on 20 March 1782.[69] Peace negotiations leading to the Treaty of Paris, which eventually brought to an end the war, started in April 1782. American statesmen Benjamin Franklin, John Adams and John Jay negotiated the peace treaty with British representatives.[70] On 12 April 1782, the day Huddy was hanged by order of William Franklin, his father Benjamin was in Paris, where he was holding preliminary negotiations with a British official, and the hanging "was to have international repercussions and threaten the peace talks".[71]

Ambrose Vanderpoel writes: "Baron de Grimm is the authority for the statement that she [Lady Asgill] applied to the king, who directed that the author of a crime [Lippincott acting on William Franklin’s orders] which dishonored the English nation should be given up to the Americans; but, incredible as it may seem, his command was not obeyed. Richard Oswald, a gentleman whom the British ministry had sent to Paris a short time before to sound the French government on the subject of peace, endeavored to persuade Benjamin Franklin, our representative at the Royal Court of Versailles, to exert his influence in Asgill's favor; but Franklin assured him that nothing but the surrender of Lippincott could save the prisoner's life." The irony is that Benjamin Franklin’s son, William, was the author of the crime, but he may not have known this when he gave this response.[72] Thomas Jones has this to say about the British negotiator: “Richard Oswald, of Philpot Lane, London, merchant, was a Scotchman who had been a contractor for biscuits and provisions in Germany during the Seven Years’ War.”[73]

However, the preliminary articles of peace were signed on 30 November 1782 and the Treaty of Paris itself, which formally ended the war, was signed on 3 September 1783. The Continental Congress ratified the Treaty on 14 January 1784.[70] In a letter to Robert R. Livingston in January 1783, John Adams wrote: "The release of Captain Asgyll was so exquisite a Relief to my feelings, that I have not much cared what Interposition it was owing to— It would have been an horrid damp to the joys of Peace, if we had heard a disagreable account of him".[74]

Epilogue

In his review of General Washington's Dilemma by Katherine Mayo, Keith Feiling writes: "If in any sense a novel, because it is a human story, it is right that it should have a hero. It is not Washington, alas, not young Asgill; not the murdered Huddy. But Major James Gordon of the 80th Foot, whose plain courage and humanity shines in this ugly, tangled business, who spent himself till death for the imprisoned British soldiers, steeled Asgill to his fate, and shared all his prisons and trials, spurred Frenchmen and British and Americans to action, and shamed them back to a semblance of civilised man. There have been, as readers of Sir John Fortescue know, or of Mr. Churchill, other such men in British armies, of all tempers from Cameronian saints under Marlborough down to sinners with a part in the great game of Asia. To find another such a one is to get a reward in history, and a rich compensation for meanness or timidity in high places. It is for this that most of us will be specially grateful to Miss Mayo, as the curtain falls on her intensely-wrought, moving, brief, and rounded tragedy".[75]

Subsequent career

This detail from a 1791 portrait of the Duchess of York by John Hoppner shows Asgill's wife Sophia sitting at her feet. Lady Asgill was Lady of the Bedchamber to the Duchess,[76] and was godmother to Hoppner’s granddaughter, Helen Clarence.[77]

Asgill was appointed equerry to Frederick, Duke of York in 1788;[78] he would hold this post until his death.[79] On 15 September 1788 he inherited the Asgill baronetcy upon the death of his father,[80] and on 3 March 1790 he was promoted to command a company in the 1st Foot Guards,[81] with the rank of lieutenant-colonel.[82][83] On 28 August 1790 he married Jemima Sophia, sixth daughter of Admiral Sir Chaloner Ogle, 1st Baronet.[84][85] He joined the Army on the Continent in late 1793, and served in the Flanders campaign under the Duke of York. He was present during the retreat through Holland in the winter of 1794, then returned to England.[82] On 26 February 1795 he was granted the rank of colonel,[86] and later that year commanded a battalion of the Guards at Warley Camp, intended for foreign service.[82]

In June 1797, Asgill was appointed brigadier-general on the Staff in Ireland. He was granted the rank of major-general on 1 January 1798,[87][82] and was promoted Third Major[88] of the 1st Foot Guards in November that year.[89] In his Service Records, he states he "was very actively employed against the Rebels during the Rebellion in 1798 and received the repeated thanks of the Commander of the Forces and the Government for my Conduct and Service." General Sir Charles Asgill marched from Kilkenny and attacked and dispersed the rebels.[90] Kathleen Toomey writes: "If the men of the Glengarry Fencibles had suffered from the ennui of inaction on Guernsey, the transfer to Ireland brought it to an abrupt end … Within the next few months, the regiment was kept on the march. In July [1798] they were in Kilkenny and Hacketstown; in August, they were part of Sir Charles Asgill's force in the Shlievenamon mountains prior to the attack on Callan."[91]

Liam Chambers states that "the fundamental purpose of the United Irish rebellion of 1798 was the overthrow of the Irish administration based in Dublin; hence their primary military objective was the capture of the capital." He goes on to say that "In Queen's County the pacification was better organized by General Sir Charles Asgill". However, "Rebel failure was the result of the partial nature of the rising, isolated not only by the still-born Dublin effort but by the general inactivity outside the Kildare/south east Meath area". Asgill once more served under Lord Cornwallis, who was Commander-in-Chief, Ireland.[92] In an extract of a letter received from Major-General Sir Charles Asgill, Bart., by Lord Viscount Castlereagh, (who assumed many of the onerous duties of the often-absent Irish Secretary during the Rebellion of 1798) Asgill himself writes: "Kilkenny, 26 June 1798 My Lord, - Fearing the consequences that might result from allowing the Rebels who fled from Wexford to remain for any length of time in this country, I preferred attacking them with the troops I already had to waiting till a reinforcement arrived. My force amounted to eleven hundred men. The Rebels consisted of about five thousand. I attacked them this morning at six o'clock in their position on Kilconnell Hill, near Gore's Bridge, and soon defeated them. Their chief, called Murphy, a priest, and upwards of one thousand men were killed. Ten pieces of cannon, two swivels, their colours, and quantities of ammunition, arms, cattle, etc., were taken, and I have the pleasure to add that four soldiers who were made prisoners the day before, and doomed to suffer death, were fortunately released by our troops. Our loss consisted of only seven men killed and wounded. The remainder of the Rebels were pursued into the County of Wexford, where they dispersed in different directions. I feel particularly obliged to Major Mathews, of the Downshire Militia, who, at short notice and with great alacrity, marched with four hundred men of his regiment, and Captain Poole's, and the yeomanry corps of Maryborough, under the command of Captain Gore, to co-operate with me. Lord Loftus and Lieutenant-Colonel Rem, of the Wexford Militia, Lieutenant-Colonel Howard and Lieutenant-Colonel Redcliffe, of the Wicklow, Major Donaldson, of the 9th Dragoons, who commanded the cavalry, as well as all the officers and privates, are entitled to my thanks for their spirited exertions. Nor can I withhold the praise which is so justly due to all the yeomanry corps employed on the occasion; and I also beg leave to mention my aide-de-camp, Captain Ogle [his wife’s younger brother, Thomas, 1776-1801], Lieutenant Higgins, of the 9th Dragoons, who has acted as my brigade major.- I have the honour to be, my Lord, your Lordship's most obedient servant, C. ASGILL, Major-General"[93] The Irish song Sliabh na mBan remembers this.[94][95]

The hot water urn presented to Charles Asgill by the people of Clonmel at the end of the Irish Rebellion of 1798.

Asgill was presented with a silver hot-water urn by the people of Clonmel in appreciation of his part in the uprising. The inscription on the urn reads: "PRESENTED by the Inhabitants of the Town and Neighbourhood of CLONMEL to MAJr. GENl. SIR CHAs ASGILL BARt. in token of their great regard for His unremitting exertions as General Commanding in the district in defeating the Schemes of the Seditious and Protecting the loyal Inhabitants. CLONMEL MDCCCI".[96] The city of Kilkenny presented Asgill with a snuff box for his "energy and exertion" which was praised by the Loyalists.[97]

In William Farrell's autobiography, the author explains how Lady Asgill was instrumental in saving his life. She had persuaded her husband, General Sir Charles Asgill, that since a Lady (Queen Marie Antoinette of France) had saved his life, that he must, therefore, save the life of William Farrell who faced the gallows on account of his part in the Irish Uprising of 1798. Farrell was thus spared the gallows, but was deported for seven years. Asgill's story seems to have gone full circle as a consequence.[98]

On 9 May 1800 Asgill was transferred from the Foot Guards to be colonel commandant of the 2nd Battalion, 46th (South Devonshire) Regiment of Foot.[99][100] He went onto half-pay when the 2nd Battalion was disbanded in 1802.[101][90] Later that year he was again appointed to the Staff in Ireland, commanding the garrison in Dublin and the instruction camps at the Curragh.[82]

Much of Asgill's military career was spent at Dublin Castle

In 1801, before being appointed to the garrison in Dublin, Asgill found himself defending the right of Henry Ellis (in the neighbourhood of Kilkenny) to be properly remunerated for the invaluable intelligence he had provided during the rebellion. His information had made a significant contribution to the suppression of the rebels, but he paid a severe price for his loyalty after the fighting was over. His neighbours persecuted him; tried to kill him; and ruined his business as a miller. The British were very slow to pay his annuity of £30 per annum for life, and he became a ruined man. Sir Charles Asgill and Lord Castlereagh took up his cause (with a Mr A Marsden) to see that he was properly compensated. Nevertheless, Ellis suffered greatly because of "his grievious situation, and losses, on account of his loyalty to his king and government". When he died he was buried in "an inverted burial in the unconsecrated ground of his own farmland, …The lack of any memorial stone or grave marker is mysterious. Perhaps one was destroyed generations ago by inhabitants of the locality or never erected in anticipation of such an act."[102]

Asgill was promoted to lieutenant general in January 1805,[103] At a Court Martial held at the Barracks, Dublin, on 30 December 1805, charges were laid against Lieutenant Colonel Charles Philip Belson of the 2nd Battalion of the 28th Regiment of Foot regarding a punitive punishment he ordered against Private Patrick Reardon of that regiment: "causing to be carried into immediate execution a corporal punishment of two hundred lashes, and, after his recovery from the effects of his punishment, by keeping him two or three hours a day at the dumb-bells". Reardon had been transferred from the first battalion, "in which he had served several years, to the second, in consequence of infirmity and inability to undergo the duties and fatigues of general active service". Belson’s orders had been carried out while Reardon’s case was still under consideration by Lieutenant General Sir Charles Asgill. The Court, therefore, sentenced Belson to be "reprimanded in such manner as His Majesty may think proper to direct"... "In his defence they cannot adjudge him Guilty of any criminal disobedience of orders", and was acquitted of that charge. Although "in some of the matters of the preceding charges, there has been a degree of irregularity and want of due discretion on the part of Lieutenant Colonel Belson". The Court also found Belson not guilty of gross disrespect to Asgill.[104]

Asgill was appointed Colonel of the Regiment of the 5th West India Regiment (February 1806);[105] of the 85th Regiment of Foot (October 1806);[106] and, of the 11th (North Devonshire) Regiment (25 February 1807),[100][107] for which he raised a second battalion in the space of six months.[108]

Lieutenant General Sir Arthur Wellesley, 1st Duke of Wellington, Dublin Castle, wrote to Henry Wellesley, 1st Baron Cowley, Joint Secretary to the Treasury, dated 3 January 1809. Asgill, having established a Second Battalion of the 11th Regiment of Foot, had to pay to equip his men out of his own pocket – he then experienced difficulty receiving a refund from the Treasury: "I enclose some papers which I have received from Sir Charles Asgill relative to the issue of 8 months off reckonings for the Second Battallion 11th Regiment [no copies present]. He is entitled to this issue, but the ground on which he desires to have the money at an early period is that he raised the regiment in this country and purchased for them the accoutrements and other articles the expense of which this advance is intended to defray and that whenever articles of this description are purchased in Ireland they must be paid for in ready money, as the tradesmen are unable to give credit as they do in England. An officer, therefore, who incurs the expenses here ought to receive the money from the Treasury to defray them as soon as possible, otherwise he must [borrow] the amount which is his due and pay interest for it. I shall be obliged to you if you will endeavour to manage this matter in such a manner as *will* that Sir Charles Asgill may receive his 8 months off reckonings immediately."[109]

Asgill continued to serve on the Staff until 1812,[82] and on 4 June 1814 he was promoted to general.[110] In 1820 he was made a Knight Grand Cross of the Hanoverian Guelphic Order.[111]

Death and legacy

Coat of arms of Sir Charles Asgill, 2nd Baronet. The motto translates as "regardless of his own interest".[112]

On Christmas day 1788, just three months after his father had died, Asgill’s younger sister Harriott Maria wrote her will, with no witnesses and no legal representation. By April 1790 she had died, leaving a substantial fortune to her family; her will also stating "if there is money left unemployed I desire it may be given in charity"; and going on to say: "I hope there will be no objections made …". Whether it had been her intention, or not, the fact is that £2,000 was left "unemployed" which amounts to the equivalent of £303,531.56 in 2020.[113] After their mother had died, then, on 27 February 1818, Charles Asgill’s youngest sister, Caroline, and her husband Richard Legge, took the matter to court (and appeal), with the final judgement declaring that the money "left unemployed" must go to charity, stating "There never has been a case in which the executors have been permitted to take the residue for their own use …"[114]

The following year, on 7 December 1791, Asgill was once more involved in a court case, this time at the Old Bailey. His servant, Sarah Paris, had stolen some items from him. She had passed some of these items on to the servant of Colonel Banastre Tarleton (who had fought in the American Revolution with Asgill) by whom she was pregnant. Asgill pleaded for clemency under her circumstances: "I am induced to think it was extreme poverty which drove her to it, for she is with child, and has another, and the supposed father was absent; I had the best character with her." He went on to say: "My lord, I beg leave to observe, that I was induced to be lenient to this man, in hopes that he will take care of the children." At the conclusion of the hearing he also said: "My lord, I beg leave to recommend her strongly to mercy." The judgement was read as: "Court. Sarah Paris, you have been indicted and convicted of a felony, in stealing a quantity of linen, and other things, the property of Sir Charles Asgill, your master, who has very humanely recommended you to mercy, as also the Jury have recommended you with equal humanity; your situation influences me to pass on you the mildest punishment that I can pass upon you; and as I have a power, by the late act of parliament, to commute burning in the hand for a pecuniary punishment, my sentence is, that you be fined 1 s. and discharged."[115] Her fine amounted to approximately £7.58 in 2020.[116]

From 1791 to 1821 No. 6 York Street (subsequently renamed 7 Duke of York Street) was occupied by General Sir Charles Asgill, who was succeeded, from 1822 to 1824, by General Sir Ulysses Burgh.[117] The final two years of his life were spent at the home of his mistress, Mary Ann Goodchild (otherwise Mansel)[118] (who was also mistress to General Robert Manners) at 15 Park Place South near The Man in the Moon, Chelsea.[119] Two codicils to his will were written and signed there shortly before his death.[120] Asgill died on 23 July 1823, and was buried in the vault at St James's Church, Piccadilly on 1 August. His wife, Sophia Asgill, had predeceased him in 1819 and she too was buried in the vault at St. James's. Upon his death, the Asgill baronetcy became extinct. Most biographies claim he died without issue (excepting A New Biographical Dictionary of 3000 Cotemporary (sic) Public Characters, Second Edition, Vol I, Part I, printed for Geo. B. Whittacker, Ave-Maria Lane, 1825, which states Sophia bore him children).[121]

St. James's Church was damaged in the Blitz of London on 14 October 1940.[122] After the war ended, specialist contractors, Rattee and Kett, of Cambridge, under the supervision of Messrs. W. F. Heslop and F. Brigmore, undertook restoration work, which was completed in 1954.[123]

The Lady Olivia character in the 1806 novel Leonora by Maria Edgeworth was rumoured to have been based on Lady Asgill, portraying her as a "coquette".[124][125] Lady Asgill herself maintained a two-decades long secret correspondence with Thomas Graham, 1st Baron Lynedoch.[118] The two had agreed to destroy each other's correspondence, but some letters survived[126] as Lynedoch did not destroy them all.[127] A graphite drawing of Lady Asgill's setter dog was created at the Lynedoch Estate in Scotland by Charles Loraine Smith.[128]

Asgill and his wife Sophia were part of the Duchess of Devonshire's Whig social group and were reported in each other's company in The Times from time to time. One such occasion was on 16 September 1802: "Lord Say and Sele gave a dinner at Broadstairs, and in the evening a Concert of vocal and instrumental music. The Duchess of Devonshire, the Duchess of Manchester...Sir Charles and Lady Asgill...were of the party".[129] They enjoyed the theatre too and through one of Sophia's Ogle cousins, who was Richard Brinsley Sheridan's second wife, were frequently in his company. "Sheridan was over forty-three and his bride not yet turned twenty, when, on April 27, 1795, he wedded Esther Jane Ogle, the youngest daughter of Newton Ogle, Dean of Winchester"..."while she, at first reported to have exclaimed,'Keep away, you terrible creature,' ended by declaring, so testifies Thomas Grenville, that Sheridan was the 'handsomest and honestest man in England'". The Asgills were prominent at Sheridan’s funeral after his death on 7 July 1816, where he is buried at Poets' Corner in Westminster Abbey: "personal friends like Erskine and Lynedoch, the Dukes of York, Sussex and Argyll followed the coffin. Burgess, Bouverie [Sophia's sister, Arabella's husband], and Asgill followed".[130]

During the months leading up to Asgill's death in 1823, he was the victim of fraud. "The Swindler Asgill" was touring southern England persuading his victims to send the bill for his luxury purchases to his "uncle", Sir Charles Asgill. He was never caught, but the Southern Reporter and Cork Commercial Courier of Saturday 13 September 1823 states: "There is good reason to believe that the real name of 'Mr Asgill' has been discovered, and that it is not altogether unknown to fame in the annals of police: but for obvious reasons, we omit it for the present". The Swindler perpetuated his lies, through his children, so that the present-day generation believed themselves to be descendants of Asgill's "disinherited son", William Charles Asgill. Even his obituary, in the Blackburn Standard of Wednesday 22 February 1854, declared that he was the "second son of the late Charles Asgill" – stating the latter was "of Regents Park". General Sir Charles Asgill never had an address in "Regents Park".[131]

Images

Depictions of Asgill include:

• The Thomas Phillips RA portrait of Charles Asgill, painted in 1822 and exhibited at the Royal Academy of Arts London that year, is listed in the National Portrait Gallery, London catalogue for the 1822 exhibition, and is recorded as: 107 Portrait of Gen. Sir Charles Asgill, Bart. G.C.G.O. T Phillips. R.A.

By 1821 Asgill had sold his London home, so he is writing from his Pall Mall club, to his tailor (name and location omitted). He says that he is "writing in haste" to confirm an appointment to attend the tailor's premises "next Wednesday at Eleven". While all that he gives by way of a date is that the letter was written on Saturday 9 February, with no year included, the 9th fell on a Saturday in 1822, the year he had his portrait painted by Thomas Phillips. He writes: "Pall Mall, Saturday 9 Feb, Dear Sir - I beg leave to enclose a Draft for the advance you requested --- I will be much obliged to you if you will have the goodness to return to me my Uniform as soon as you possibly can, as it has become very much tarnished, & will be spoilt unless it is carefully wrapped up, & excluded from the Air ---".[132]

The current whereabouts of this portrait is unknown. Asgill bequeathed it to his brother-in-law Sir Charles Ogle, 2nd Baronet for his family, in perpetuity.[133] After Asgill's death Ogle wrote to the artist to ask if he could take possession and whether he was still due payment.[134]

Sir Charles Ogle requests Mr Philips will have the goodness to deliver the picture of the late Sir Charles Asgill to the bearer Mr Goslett - If Mr Philips has any demand on Sir Charles Asgill, he is requested to send it to Mr Domville, [at] No. 6 Lincolns Inn. 42 Berkeley Sq, Oct 23 1823.

At the time of his death Ogle disinherited his eldest son, Chaloner, 1803–1859 (who died less than a year after his father), so it is not known whether the portrait did remain in the Ogle family as Asgill had requested.[135]

• Charles Asgill as a Captain in the First Foot Guards, held at the Library of Congress[136]
• General Sir Charles Asgill. Mezzotint by Charles Turner, 1822 (c), after Thomas Phillips, held at the National Army Museum, London[137]
• Sadler’s cartoon image of Uniform of British Army in 1820. Four military officers in different regimental uniforms. Inscribed in ink above their heads are their names or rank: Col. Perry 16th Lancers; A Regimental Doctor 70th Reg. The 70th called the "Black Dogs"; An officer of the Green Horse, 5th Dragoon; Sir Charles Asgill – Col. of the 11th.[138]

The Asgill Affair in literature

Asgill depicted in Two Girls of Old New Jersey: A School-Girl Story of '76, written by Agnes Carr Sage and illustrated by Douglas John Connah. The image's caption reads "'Clemency! For the British prisoner, Your Excellency!'".[139]

• A historical novel written by Agnes Carr Sage, Two Girls of Old New Jersey: A School-Girl Story of '76, was published in 1912. It follows the events of 1782, and Asgill's impending execution. This fictionalised account introduces Asgill as a romantic hero who becomes engaged to be married to a Loyalist schoolteacher, Madeline Burnham, in Trenton, New Jersey.[139][140]
• French author Charles-Joseph Mayer's 1784 novel, Asgill, or the Disorder of Civil Wars (French: Asgill, ou les désordres des guerres civiles), also tells the story of 1782.[141] Scholar Kristin Cook cites analysis of Mayer's book as an example of the critical attention the Asgill Affair has received, noting that "literary scholar Jack Iverson...reads the political impasse of its exposition as initially translated through two editions of Charles Joseph Mayer's 1784 French novel, Asgill, ou les désordres des guerres civiles...situating the American Affair, in relation to its French reception, as something of a dramatic Pièce de Théâtre. By introducing it as a reality-based plot that slides readily from fact into fiction, he illustrates a growing interest in the complex interconnections between 'real life' and 'imaginary conceit' among those affiliated with late eighteenth-century French print culture".[142]
• In his novel, Jack Hinton, The Guardsman by the Irish novelist Charles Lever he explains in his Preface "My intention was to depict, in the early experiences of a young Englishman in Ireland, some of the almost inevitable mistakes incidental to such a character. I had so often myself listened to so many absurd and exaggerated opinions on Irish character, formed on the very slightest acquaintance with the country, and by persons, too, who, with all the advantages long intimacy might confer, would still have been totally inadequate to the task of a rightful appreciation ..." Basing all his characters on real people, Sir Charles Asgill makes an appearance in Chapter 6 which covers the Irish Rebellion of 1798, and in Chapter 9 (which covers a dinner in Dublin) his wife Lady Asgill joins him "…anticipations as to the Castle dinner were not in the least exaggerated; nothing could possibly be more stiff or tiresome; the entertainment being given as a kind of ex officio civility, to the commander-of-the-forces and his staff, the conversation was purely professional, and never ranged beyond the discussion of military topics, or such as bore in any way upon the army. Happily, however, its duration was short. We dined at six, and by half-past eight we found ourselves at the foot of the grand staircase of the theatre in Crow Street"; and at the theatre "The comedy was at length over, and her grace, with the ladies of her suite, retired, leaving only the Asgills and some members of the household in the box with his Excellency." This was followed by a ball for the "Asgills, and that set" at which "above eight hundred guests were expected". In Chapter 17 Asgill is mentioned only very briefly.[143]

The Asgill Affair in drama

• J.S. le Barbier-le-Jeune, Asgill.: Drama in five acts, prose, dedicated to Lady Asgill, published in London and Paris, 1785. The author shows Washington plagued by the cruel need for reprisal that his duty requires. Washington even takes Asgill in his arms and they embrace with enthusiasm. Lady Asgill was very impressed by the play, and, indeed, Washington himself wrote to thank the author for writing such a complimentary piece, although confessed that his French was not up to being able to read it.[144] A copy of this play is available on the Gallicia website.[145]
• Gallica listing of 78 references to Charles Asgill in French Literature[146]

See also

• Robert Taylor
• 2nd Canadian Regiment
• Ogle Baronets

Footnotes

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3. "Perfidious America". The Economist. 20 December 2014. pp. 64–66. Retrieved 3 September 2019.
4. Augustus Samuel Bolton (1885). "Asgill, Charles" . In Stephen, Leslie (ed.). Dictionary of National Biography. 2. London: Smith, Elder & Co. p. 159.
5. "No. 11855". The London Gazette. 7–10 March 1778. p. 1.
6. "CPI Inflation Calculator".
7. Vanderpoel, Ambrose (1921). History of Chatham New Jersey. Charles Francis Press. p. 449.
8. "No. 12160". The London Gazette. 6–10 February 1781. p. 1.
9. Lamb, Roger (1809). An Original and Authentic Journal of Occurrences During the Late American War, From Its Commencement to the Year 1783. Dublin: Wilkinson & Courtney. p. 434. Asgill. Gregory.
10. "To George Washington from Not Assigned, 1 May 1782 (Early Access Document)". The Papers of George Washington. Founders Online. 1 May 1782. Archived from the original on 5 June 2020.
11. "Perfidious America". The Economist. 20 December 2014. pp. 64–66. Retrieved 8 February 2021. Accounts of his death differ: his brother Aaron, captured with him, signed an affidavit attesting that he was killed while trying to escape. Aaron later recanted, claiming that his captors had threatened to kill him unless he signed; the truth, he now maintained, was that the American militiamen had executed Philip White in cold blood.
12. "General Washington's terrible dilemma". Massachusetts Historical Society. Retrieved 21 August 2019.
13. Mayo, Katherine (1938). General Washington's Dilemma. New York: Harcourt, Brace and Company. p. 174.
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Further reading

• Belonzi, Joan, (1970) The Asgill Affair. Seton Hall University.
• Billardon de Sauvigny, Louis-Edme, (1785) Dramatization of the Asgill Affair, thinly reset as Abdir Study of critical biography. Paris.
• D'Aubigny, Washington or the Orphan of Pennsylvania, melodrama in three acts by one of the authors of The Thieving Magpie, with music and ballet, shown for the first time, at Paris, in the Ambigu-Comique theatre, 13 July 1815.
• De Comberousse, Benoit Michel (1795) Asgill or the English Prisoner, a drama in five acts and verse. Comberousse, a member of the College of Arts, wrote this play in 1795. The drama, in which Washington’s son plays a ridiculous role, was not performed in any theatre.
• De Lacoste, Henri (1813) Washington, Or The Reprisal A Factual Drama, a play in three acts, in prose, staged for the first time in Paris at the Théâtre de l’Impératrice, on 5 January 1813. (In this play Asgill falls in love with Betty Penn, the daughter of a Pennsylvanian Quaker, who supports him through his ordeal awaiting death).
• De Vivetieres, Marsollier (1793) music by Dalayrac, nl:Nicolas-Marie Dalayrac Asgill or The Prisoner of war – one act melodrama and prose, performed at the Opera-Comique for the first time on Thursday, 2 May 1793.
• Duke, Claire A., History 586, "To Save the Innocent, I Demand the Guilty": The Huddy-Asgill Affair, 12 May 2017, Kansas State University
• Graham, James J., (1862) Memoir of General Graham with notices of the campaigns in which he was engaged from 1779 to 1801, Edinburgh: R&R Clark, pp. 91–92.
• Haffner, Gerald O., (1957) "Captain Charles Asgill, An Incident of 1782," History Today, vol. 7, no. 5.
• Humphreys, David, (1859) The Conduct of General Washington Respecting The Confinement of Capt. Asgill Placed in Its True Point of Light. New York: Printed for the Holland Club.
• Jones, T. Cole, Captives of Liberty, Prisoners of War and the Politics of Vengeance in the American Revolution 2019 | ISBN 9780812251692
• Lambe, John Lawrence, (1911) Experiments in Play Writing, in Verse and Prose. London: Sir Isaac Pitman & Sons, p. 252. (Section entitled An English Gentleman, the story of The Asgill Affair retold, in which Asgill declares his love for Virginia Huddy, Captain Joshua Huddy's daughter).
• Leveson-Gower, Granville. (1916) Private Correspondence 1781-1821 edited by his Daughter-in-Law Castalia Countess Granville in two volumes
• Melbourne, Lady Elizabeth Milbanke Lamb (1998) Byron's "Corbeau Blanc" The Life and Letters of Lady Melbourne Edited by Jonathan David Gross. p. 412, ISBN 978-0853236337
• McHugh, Rodger, (1998) Voice of Rebellion: Carlow in 1798 – The Autobiography of William Farrell. Introduction by Patrick Bergin. Dublin: Wolfhound Press.—First published in 1949 as Carlow in '98.
• Pakenham, Thomas, (1969) The Year of Liberty: The Great Irish Rebellion of 1798. London: Hodder and Stoughton.
• Pierce, Arthur D., (1960) Smugglers' Woods: Jaunts and Journeys in Colonial and Revolutionary New Jersey. New Brunswick, NJ: Rutgers University Press.
• Shelley, Frances, (1969) The Diary of Frances Lady Shelley 1787–1817. Hodder and Stoughton.
• Smith, Jayne E, (2007) Vicarious atonement: revolutionary justice and the Asgill case. New Mexico State University.
• Tombs, Robert and Tombs, Isabelle, (2006) That Sweet Enemy: The British and the French from the Sun King to the Present. London: William Heinemann.

External links

• "Documents of the American Revolution: Joshua Huddy Era," Monmouth County Archives, Monmouth County, New Jersey. www.co.monmouth.nj.us/ —Catalog of an exhibition at Monmouth Country Library Headquarters, October 2004
• C-Span 3 American History TV. Philadelphia - Museum of the American Revolution. Talk by Professor Gregory Urwin, of Temple University, Doylestown on 4 October 2019
• The Asgill Affair - The Random Execution That Almost Reignited the Revolutionary War by Jason Mandresh, on 25 May 2020
• Peter Henriques and C-SPAN founder Brian Lamb talk about Henriques's book, First and Always: A New Portrait of George Washington vis-a-vis his chapter on the Asgill Affair, on 18 November 2020
• Talk on the Asgill Affair by Peter Henriques, Prince William Public Libraries, on 8 December 2020
• A Portrait of Washington’s Greatness—and His Limitations In the National Review by Michael Knox Beran, 7 January 2021