Vindication of the Captors of Major André (1865)

Egbert Benson (1746 New York City – 1833 New York) was U.S. Founding Father--member of the Continental Congress, Annapolis Convention, and Chief Justice of the New York Supreme Court.

"Vindication of the Captors of Major André" (Reprinted for J. Sabin, in 1865), was written by Benson after the Revolutionary War when he returned to the private practice of law in New York City in 1803. In this book Benson defends the three American Patriots who captured the spy Major John André, which led to the discovery of the plot to surrender West Point to the British by Benedict Arnold.

THE history of our Revolutionary contest were it all a fiction might form the plan and outline of a most noble epic poem. It abounds in fine examples of the moral sublime, in traits of heroic self devotion, in strongly marked diversity of character and extreme vicissitudes of fortune, as wonderful and interesting as the most ardent admirer of romance could desire.

Nor were incidents wanting suitable to form beautiful and affecting episodes, among which, perhaps, the story of Arnold's treason and major Andre's death has excited the strongest and most general feeling of interest. The unhappy fate of Andre deplored alike by friends and enemies has been the cause of many a tear and the theme of many a song, and the incorruptible integrity of his captors, as a characteristic of the yeomanry of the country has irresistible claims upon our frequent and fond recollection; claims which will we trust acquire new force by the ultimate effect of the attack upon them which a highly respectable gentleman in Congress unfortunately thought it his duty to make.

We acknowledge ourselves to be among those who have been anxiously ready to be convinced that our long established and recently disturbed opinion of the magnanimity of Paulding, Williams, and Vanwart, was founded on a just and correct appreciation of their conduct. We felt our national pride wounded by the statement of Col. Tallmadge, and therefore rejoice to find in the 'Vindication 'of the Captors of Major Andre,' a complete and satisfactory refutation, as we conceive, of the charges so publickly brought against them in Congress. We believe it is universally regretted that the honourable member happened to find himself in a situation which called for a disclosure of his sentiments; those even who were convinced of the correctness of his opinion admitted the conviction with reluctance, and there were not a few that were so much exasperated as to fall into a very unreasonable suspicion against the candour and generosity of Col. Tallmadge himself. His high character and long sustained eminence however place him above the effect of all such unfavourable conjectures, though nothing can exempt him from the liability to err, which he shares with all mankind. And we trust a very slight consideration of the circumstances will suffice to show that Col. Tallmadge must have been in this instance entirely mistaken.

The three militiamen who captured Andre — John Pauding, Isaac Van Wart, and David Williams—were awarded by Congress a silver medal and the sum of $200 per annum. John Andre" suffered his ignominious death at Tappan, N. Y., he having been refused his request of meeting his end as a soldier by being shot. A rough boulder marks the spot, on which is cut in deep letters: "Andre", executed Oct. 2, 1780."