The 2nd of June 1782, Captain Saumarez and the other twelve captains[16] taken prisoners with the army under Earl Cornwallis, were ordered by the American Congress and General Washington to assemble at Lancaster, in Pennsylvania; and to draw lots, that one might be selected to suffer death by way of retaliation, when the lot fell on Sir Charles Asgill, who was in consequence conveyed under a strong escort to the American army, stationed in the Jerseys, the place fixed upon for his execution. Here he remained in prison for six months, enduring the greatest hardships, expecting daily that his execution would take place. The manner adopted for drawing lots, was by placing the names of the thirteen captains in one hat, and in another twelve blank pieces of paper, beginning with the names one by one, and by each piece of paper, until the paper was drawn upon which was written the "_unfortunate_." It may be observed that Captain Asgill had to pass through Philadelphia, where the Congress was assembled; and he being attended voluntarily, and most humanely, by Major Gordon, of the 80th regiment, the senior officer of the British troops prisoners of war, he made it his business to wait upon the French Ambassador, and desired in the most impressive manner his Excellency's interference with the Congress, to prevent the execution of Captain Asgill. The Ambassador refused complying with the entreaty, but it was thought he afterwards relented, as he was seen going to Congress; and that his remonstrances, together with the strong representations of the captains, who wrote and applied in the most decided manner to General Count De Rochambeau, who commanded the French troops in besieging York Town, had the effect of at least suspending the sanguinary intentions of Congress and of General Washington, to put Captain Asgill to death, until the Government and the Queen of France, to whom application had been made to interfere in his behalf, and if possible save his life, were ascertained. The only reason alleged for the above transactions, was, that a rebel captain named Huddy, who was patrolling with Americans, fell in at night with another patrol of royalists commanded by Captain Lippencott, who was taken prisoner by Huddy, and who, without trial or any other cause but his being a loyalist attached to the British army, hung poor Lippencott. The latter's brother, shortly after this most infamous occurrence, was patrolling and took Huddy prisoner, upon which, to retaliate for the murder of his brother, he executed Huddy. The above transactions were made known to the thirteen captains whilst prisoners on parole, and credited by them. They were also informed very frequently, that General Washington had often declared, that of the two events of his life which grieved him and that he lamented most, one was his not having done his utmost to prevent the thirteen captains taken by capitulation drawing lots.