. The letter to Francis Dana of the 29th contained a detailed account of the case of
Capt. Charles Asgill of the 1st Foot Guards. Captured at Yorktown, Asgill was selected
for execution in retaliation for the murder of an American prisoner, Capt. Josiah
Huddy, by a loyalist officer, Capt. Richard Lippincott. George Washington demanded
that Lippincott be turned over to the Americans for trial. General Clinton condemned
the actions of the loyalists, but he refused Washington's request, ordering instead
that Lippincott be court-martialed. This led to Asgill's selection to be executed
in Lippincott's stead. For a variety of reasons, including an appeal by his mother
through the French government, Captain Asgill was released and returned to England
on parole (
; Mackesy, War for America
, p. 490–491;
, 23:845–846). In his reply of 6 Sept.
indicates that Dumas translated the portion of Livingston's letter to Dana pertaining
to Asgill. It appeared in the Gazette d'Amsterdam
of 13 September.