Washington declined to interfere, and Andre went to the gallows.
The British, at the time, and some of their writers afterwards, attacked Washington for insisting on this mode of execution, but there never was an instance in his career when he was more entirely right.
Andre was a spy and briber, who sought to ruin the American cause by means of the treachery of an American general.

It was a dark and dangerous game, and he knew that he staked his life on the result.

He failed, and paid the penalty.

Washington could not permit, he would have been grossly and feebly culpable if he had permitted, such an attempt to pass without extreme punishment.

He was generous and magnanimous, but he was not a sentimentalist, and he punished this miserable treason, so far as he could reach it, as it deserved.