Greene rephed, that it was liecessary for them to know at the out-set on what ground they stood : that he was not there in the character of an officer ; that he was allowed by General Washington to meet him as a private gentleman, but that the case of an acknowledged spy admitted of no discussion. Robertson said his design was to state facts, wljich he hoped would have their due weight, in whatever character he might be supposed to speak.

He then entered largely into the subject, endeavoring to show, first, that Andre landed under the sanction of a flag ; secondly, that he acted wholly by the directions of Arnold; from both of which positions it was inferred, that he could not in any just sense of the word be regarded as a spy. The facts having all been examined by the board of oncers, and being well understood, this new statement of them made no change in Greene's opinion or impressions ; and when Arnold's testimony was introduced, he said the Americans would believe Andre in preference to Arnold. General Robertson said, that no military tribunal in Europe would decide the case of Andre to be that of a spy, and he proposed to refer the question to Count de Rochambeau and General Knyphausen. Other considerations w^ere urged by him, not so much in the way of argument as on the score of reciprocal benefits and humanity. He added that he should confide in General Greene's candor to represent in the fairest light to General "Washington the arguments he had used ; that he should stay on board all night, and hope in the morning to take back with him Major Andre, or an assurance of his safety. a