Pittsfield9th June 1779SirI send you the enclosed hope you will present it to Congress the first opportunity not doubting their Disposition to do equal Justice to Persons of every Denomination in these united States, and that in justice in my instance must be owing rather to misinformation than anything else, altho in the present Case it is scarcely supposable.The very extraordinary trial alluded to in the Petition is truly a Matter of Surprize to every Officer and Citizen in this part of the World and is of such a dangerous tendency that I think it ought to be attended to, what is more extraordinary it is I am told the only trial of the kind ever had in Congress.—In the Year 1776 I petitioned to Congress for a trial who refused me, giving for reason that Congress was not a proper tribunal and therefore refered me to the Officer commanding the northern Department.Genl. Arnold on the First application obtained a hearing and determination on that Principle I am a StrangerI am with the greatest RespectYour hons. most obedt most hmbl Sert.Jno. Brown.The honle.Jno. Jay Esq.Predt. Congress
Pittsfield9th June 1779
Sir
I send you the enclosed hope you will present it to Congress the first opportunity not doubting their Disposition to do equal Justice to Persons of every Denomination in these united States, and that in justice in my instance must be owing rather to misinformation than anything else, altho in the present Case it is scarcely supposable.
The very extraordinary trial alluded to in the Petition is truly a Matter of Surprize to every Officer and Citizen in this part of the World and is of such a dangerous tendency that I think it ought to be attended to, what is more extraordinary it is I am told the only trial of the kind ever had in Congress.—In the Year 1776 I petitioned to Congress for a trial who refused me, giving for reason that Congress was not a proper tribunal and therefore refered me to the Officer commanding the northern Department.
Genl. Arnold on the First application obtained a hearing and determination on that Principle I am a Stranger
I am with the greatest Respect
Your hons. most obedt most hmbl Sert.
Jno. Brown.
The honle.Jno. Jay Esq.Predt. Congress
(Continental Congress Papers, no. 42, Petitions, vol. i. 179.)
The Honlethe CongressThe Memorial and Remonstrance of John Brown of Pittsfield in the State of the Massachusetts Bay humbly sheweth—That in the Month of Novr. 1777 Your Petitioner was passing through York Town to the Southord when he waited on the honbleCharles Thompson Esqr Secy to Congress, who favoured your petitioner witha Copy of the very extraordinary Trial of Genl. Arnold of which the following is an Extract Viz "In Congress May 20th 1777—A Letter this Day from Genl. Arnold with a printed Paper inclosed signed John Brown was read, order'd that the same be refered to the Board of War together with such Complaints as have been lodged agt. Genl. Arnold." By this your Petitioner would suppose that the Board of War were directed not only to take into consideration his Complaint, but all others that have been lodged agt. Genl. Arnold, particularly those lodged by a General Court Martial composed by thirteen of the principle Officers at Tycondoroga in the Year 1776 as well as those lodged by Colo. Hazen & others altho it does not appear that any other Matter of Complaint was determined on, but that contained in the hand Bill signed John Brown on which the Board of War Report—"That the Genl. laid before them a variety of original Letters orders and other papers,which together with the General's own account of his Conduct, confirmed by Mr. Carroll one of the late Commissioners in Canada now a Member of this Board, have given intire Satisfaction to this Board concerning the General's Character and Conduct, so cruelly and groundlessly aspersed in the Publication."Your Petitioner begs leave to affirm that Mr. Carroll whatever he might wish knew nothing more or less as a Witness concerning the Charges laid agt. Genl. Arnold owing to an unlucky Alieubi, which happened with respect to him in regard to all the Charges laid in the Complaint. Still how far his evidence might go in assisting Genl. Arnold in proving his negatives your Petitioner does not pretend to say, as this is an intire new mode of Trial.First Because one of the Parties was not notified or present at the same, consequently the trial ex parte unconstitutional and illegal on every principle.Secondly Because there was not one Witness at the Trial who will pretend he even had it in his Power to disprove one of the Charges in the Complaint.Thirdly with the greatest Respect to Congress they had not the least Right to take cognizance of the Crimes enumerated in my complaint, for the truth of this assertion I beg leave to refer them to the military Laws by them compiled and instituted for the Regulation of the Army, which are the only security and protection of the Officers and Soldiers belonging to the same, consequently no other Court or Tribunal would have any Right to take cognizance of the Crimes enumerated but that of a Court Martial, and therefore the trial of the Genl. above recited was strictly a nullety to all intents and purposes it being Coram non Judice. However should Congress be of a Different opinion with respect to this Matter, and that that the Trial of Genl. Arnold was legal & constitutional, he then expects that Congress will give him the same indulgence andlatitude, and that he may be heard by congress on the subject of his Impeachment of Genl. Arnold, in which Case the General's presents & witnesses will not be necessary. Your Petitioner therefore esteems it as a very great grieveance that the Honle. Congress by the trial aforesaid have resolved and published and authorised Genl. Arnold to publish to the World that he your Petitioner has been guilty of making and publishing false and groundless aspertions agt. a general Officer, when at the same time every article in the Complaint was sacredly true, and would have been proved so had a proper tribunal been obtained, of which Genl. Arnold was well apprised. 'Tis possible that Genl. Arnold might have suggested to Congress that your Petitioner was not an Officer at the time of trial afd. as to this Matter your Petitioner has not as yet been informed whether his Resignation has been accepted or not, indeed he cannot suppose it compatible with the Wisdom Dignity and Justice of Congress to descharge any of their Officers for the Reason set forth in your Petitioners Letter accompanying his Resignation as he then stood impeach'd to Congress by the same Genl. Arnold of every high Crimes which if true effected the Reputation of the united States and Genl. Arnold's sacred Character stood then impeached by your Petitioners of thirteen capital Charges, which in the opinion of those most knowing would have effected the life of a more honest Man, in consequence of a proper trial before a generous Court Martial—on these considerations your Petitioner presumes his Resignation was not accepted but on Supposition it was, yet your Petitioner conceives that to make no material odds, as it can not be presumed that congress would try a Citizen without a hearing, whatever they may imagine their authority to be. However let this matter be as it may Congress are sensible that your Petitioner notwithstanding the most flagrant abuses received was not out of Service from the commencement of the War untill the reduction of the british Army under the Commandg genl. Burgoyne, in which he challenges to himself some show [?] of merit since no one else (to his knowledge) has been willing to give it him.Your Petitioner is sensible that Congress at the time of Genl. Arnold's application for a trial were imbarrassed on all Quarters, and no doubt laboured under high prejudices with Respect to your Petitioners Character owing perhaps to the Representations made them by Genl. Gates, who 'tis possible has been mistaken to his Sorrow with respect to his Friend—which prejudices your Petitioner hopes time and events have eradicated, he therefore can assure Congress, that he hopes and wishes for nothing more than common justice altho the History of the War and his present infirmities received therein, might entitle him to something more. But to stand conviction by a Decree of Congress of publishing cruel and groundless assertions or Libels without a hearing when actually fighting for Liberty is intolerable in a free Country and has a direct tendencyto check the ambition, and even disaffect those Men by whose wisdom Valour and perseverance America is to be made free, not to mention the dangerous president such trials may afford. Your Petitioner therefore implores Congress to reconsider their determination on the impeachment of Genl. Arnold, as there cannot at this Day remain a possibility of Doubt but that the same was premature, and furnished Genl. Arnold with a foundation to establish a Character on the Ruins of a Man who to speak moderately has rendered his Country as essential [?] Service as that Donquixote Genl. whose reasons for evading a trial at a proper tribunal are very obvious and fully set forth in my impeachment & which the Genl. has had his pretended trial by which impeachment it fully appears that Genl. Arnold was resqued from Justice by mere dint of unlawfull authority exercised by Genl. Gates.Your Petitioner relying on the Wisdom and Justice of Congress begs leave to submit [?] himself most Respectfully their very obedt. Humble Svt.Jno. Brown.Petition [?]9th June 1779     HonleJno. JayEsq.Presidt. Congress
The Honlethe Congress
The Memorial and Remonstrance of John Brown of Pittsfield in the State of the Massachusetts Bay humbly sheweth—
That in the Month of Novr. 1777 Your Petitioner was passing through York Town to the Southord when he waited on the honbleCharles Thompson Esqr Secy to Congress, who favoured your petitioner witha Copy of the very extraordinary Trial of Genl. Arnold of which the following is an Extract Viz "In Congress May 20th 1777—
A Letter this Day from Genl. Arnold with a printed Paper inclosed signed John Brown was read, order'd that the same be refered to the Board of War together with such Complaints as have been lodged agt. Genl. Arnold." By this your Petitioner would suppose that the Board of War were directed not only to take into consideration his Complaint, but all others that have been lodged agt. Genl. Arnold, particularly those lodged by a General Court Martial composed by thirteen of the principle Officers at Tycondoroga in the Year 1776 as well as those lodged by Colo. Hazen & others altho it does not appear that any other Matter of Complaint was determined on, but that contained in the hand Bill signed John Brown on which the Board of War Report—
"That the Genl. laid before them a variety of original Letters orders and other papers,which together with the General's own account of his Conduct, confirmed by Mr. Carroll one of the late Commissioners in Canada now a Member of this Board, have given intire Satisfaction to this Board concerning the General's Character and Conduct, so cruelly and groundlessly aspersed in the Publication."
Your Petitioner begs leave to affirm that Mr. Carroll whatever he might wish knew nothing more or less as a Witness concerning the Charges laid agt. Genl. Arnold owing to an unlucky Alieubi, which happened with respect to him in regard to all the Charges laid in the Complaint. Still how far his evidence might go in assisting Genl. Arnold in proving his negatives your Petitioner does not pretend to say, as this is an intire new mode of Trial.
First Because one of the Parties was not notified or present at the same, consequently the trial ex parte unconstitutional and illegal on every principle.
Secondly Because there was not one Witness at the Trial who will pretend he even had it in his Power to disprove one of the Charges in the Complaint.
Thirdly with the greatest Respect to Congress they had not the least Right to take cognizance of the Crimes enumerated in my complaint, for the truth of this assertion I beg leave to refer them to the military Laws by them compiled and instituted for the Regulation of the Army, which are the only security and protection of the Officers and Soldiers belonging to the same, consequently no other Court or Tribunal would have any Right to take cognizance of the Crimes enumerated but that of a Court Martial, and therefore the trial of the Genl. above recited was strictly a nullety to all intents and purposes it being Coram non Judice. However should Congress be of a Different opinion with respect to this Matter, and that that the Trial of Genl. Arnold was legal & constitutional, he then expects that Congress will give him the same indulgence andlatitude, and that he may be heard by congress on the subject of his Impeachment of Genl. Arnold, in which Case the General's presents & witnesses will not be necessary. Your Petitioner therefore esteems it as a very great grieveance that the Honle. Congress by the trial aforesaid have resolved and published and authorised Genl. Arnold to publish to the World that he your Petitioner has been guilty of making and publishing false and groundless aspertions agt. a general Officer, when at the same time every article in the Complaint was sacredly true, and would have been proved so had a proper tribunal been obtained, of which Genl. Arnold was well apprised. 'Tis possible that Genl. Arnold might have suggested to Congress that your Petitioner was not an Officer at the time of trial afd. as to this Matter your Petitioner has not as yet been informed whether his Resignation has been accepted or not, indeed he cannot suppose it compatible with the Wisdom Dignity and Justice of Congress to descharge any of their Officers for the Reason set forth in your Petitioners Letter accompanying his Resignation as he then stood impeach'd to Congress by the same Genl. Arnold of every high Crimes which if true effected the Reputation of the united States and Genl. Arnold's sacred Character stood then impeached by your Petitioners of thirteen capital Charges, which in the opinion of those most knowing would have effected the life of a more honest Man, in consequence of a proper trial before a generous Court Martial—on these considerations your Petitioner presumes his Resignation was not accepted but on Supposition it was, yet your Petitioner conceives that to make no material odds, as it can not be presumed that congress would try a Citizen without a hearing, whatever they may imagine their authority to be. However let this matter be as it may Congress are sensible that your Petitioner notwithstanding the most flagrant abuses received was not out of Service from the commencement of the War untill the reduction of the british Army under the Commandg genl. Burgoyne, in which he challenges to himself some show [?] of merit since no one else (to his knowledge) has been willing to give it him.
Your Petitioner is sensible that Congress at the time of Genl. Arnold's application for a trial were imbarrassed on all Quarters, and no doubt laboured under high prejudices with Respect to your Petitioners Character owing perhaps to the Representations made them by Genl. Gates, who 'tis possible has been mistaken to his Sorrow with respect to his Friend—which prejudices your Petitioner hopes time and events have eradicated, he therefore can assure Congress, that he hopes and wishes for nothing more than common justice altho the History of the War and his present infirmities received therein, might entitle him to something more. But to stand conviction by a Decree of Congress of publishing cruel and groundless assertions or Libels without a hearing when actually fighting for Liberty is intolerable in a free Country and has a direct tendencyto check the ambition, and even disaffect those Men by whose wisdom Valour and perseverance America is to be made free, not to mention the dangerous president such trials may afford. Your Petitioner therefore implores Congress to reconsider their determination on the impeachment of Genl. Arnold, as there cannot at this Day remain a possibility of Doubt but that the same was premature, and furnished Genl. Arnold with a foundation to establish a Character on the Ruins of a Man who to speak moderately has rendered his Country as essential [?] Service as that Donquixote Genl. whose reasons for evading a trial at a proper tribunal are very obvious and fully set forth in my impeachment & which the Genl. has had his pretended trial by which impeachment it fully appears that Genl. Arnold was resqued from Justice by mere dint of unlawfull authority exercised by Genl. Gates.
Your Petitioner relying on the Wisdom and Justice of Congress begs leave to submit [?] himself most Respectfully their very obedt. Humble Svt.
Jno. Brown.
Petition [?]
9th June 1779 Â Â Â Â HonleJno. JayEsq.Presidt. Congress
Note4.
§1. Military Record of John Brown.
First.Fourteen (14) days in Ticonderoga expedition, engaged in capture. (See "Connecticut in Revolution," p. 32.)
Second.Major, Colonel Easton's Regiment, service from May 10, 1775, to December 30, 1775, in list of men who marched to Canada. (See "Massachusetts Soldiers and Sailors," vol. ii. p. 642.)
Third.Major of the New York Line, Additional Corps, Green Mountain Boys. "Major Brown's detachment in Genl. Arnold's Regiment." Colonels Ethan Allen and Seth Warner, Quebec, 1776. (See "New York in the Revolution," vol. i. p. 61.) On list sent Provincial Congress of New York, 4 July, 1775.
Fourth.Lieutenant-colonel.Colonel Samuel Elmore's Regiment, raised for one year from Connecticut and Massachusetts, appointed by Congress July 29, 1776, resigned March 15, 1777. Regiment took field July, 1776, under General Schuyler. August 25, marched from Albany into Tryon County. Posted remainder of term at Fort Stanwix. Broke up in spring of 1777. (See "Connecticut in Revolution," p. 113.) The Massachusetts roll states that John Brown was among the men who went to German Flats April 1, 1776, and was discharged May 18, 1777. Service, thirteen months, eighteen days.
Fifth.Colonel Third Berkshire Regiment.Commissioned April 4,1777. Services in Northern Department not stated. April 14, 1780, further appointment as Colonel. Service, three months, five days. Killed October 19, 1780. (See Massachusetts Rolls.)
The above memoranda are imperfect, but I print them from printed records. I have not searched the original sources, believing the public officials have done all that could be done.
§2.Colonel John Brown's Command July 14, 1780, to October 19, 1780.
Claverack to Stone Arabia, N.Y.Colonel, John Brown.Adjutant, James Easton, Jr.Major, Oliver Root.Quartermaster, Elias Willard.Surgeon, Dr. Oliver Brewster.
CAPTAIN WILLIAM FOORD'S COMPANY.
Foord, William,captain.Dean, Joel,private.Spencer, Alpheus,lieutenant.Easton, Calvin,private.Pearson, Abel,lieutenant.Ellison, James,private.Benden, Timothy,sergeant.Foot, Asahel,private.Rothborn, Daniel,sergeant.Gleason, Benoni,private.Sloson, Eleazer,sergeant.Goodrich, Nathaniel,private.Wheaton, Samuel,sergeant.Gates, Jonah,private.Barber, James,corporal.Hatch, William of Nobletown, N.Y.,private.Bond, Bartholomew,corporal.Harrison, Asahel,private.Tobie, Nathaniel,corporal.Hewitt, Zadok,private.Goodrich, Gilbert, of Lenox,private.Huet, Jeremiah,private.Austin, Shubael,drummer.Hull, Warren,private.Andrews, Colman,private.Handy, Joseph, of Stockbridge or Lee,private.Alcock, Stephen,private.Hide, Charles,private.Adams, Aaron,private.Ingraham, Nathan,corporal.Burt, Thomas,private.Juhel, Joseph,private.Baker, William,private.Knolton, Thomas,private.Bell, Henry,private.Ladd, Joel,private.Bateman, Jonathan,private.Lewis, John,private.Blen, Solomon,private.McKnite, Thomas,fifer.Balding, Oliver,private.Meres, John,private.Bond, Seth,private.Milliken, William,private.Cumington, John,private.McKnight, William,private.Case, Ezekiel,private.Mack, Warren,private.Clarke, David,private.Noble, John,private.Carlton, Peleg,private.North, John,private.Carlton, Reuben,private.Newell, Seth,private.Carter, Elisha,private.Cogswell, Levi,private.Phelps, John,private.Sears, David,private.Parks, Nathan,private.Tailor, David,private.Porter, Joseph, Jr.,private.Tomblin, Moses,private.Porter, Joseph, Sr.,private.West, William,private.Robbins, Jason,private.Wilson, Shubael,private.Reed, Joseph,private.Woodroof, Amos,private.Reed, James,private.Wollison, Shubael,private.Smith, Ezekiel,private.Thomas (surname undecipherable),private.Stearns, Zehiel,private.Dunham, Calvin,private.Stiles, Josiah,private.Stoddard, Philemon,private.
CAPTAIN LEVI ELY'S COMPANY.
Ely, Levi,captain.Day, Asa,private, killed Oct. 19, 1780.Smith, Martin,lieutenant.Dewey, Heman, of Westfield,private.Fowler, Bildad, of West Springfield,lieutenant.Dewey, Oliver, of Westfield,private.Stiles, Gideon,lieutenant.Dimmouth, John,private, killed Oct. 19, 1780.Smith, Jonathan,quartermaster sergeant.Ely, Edmond,private.Kendal, William,sergeant.Farmar, Elisha,corporal.Noble, Jacob,sergeant.Francis, Aaron,private.Ainsworth, Luther,private.Francis, Simeon,private.Ashley, James, of Westfield,private.Gleason, Daniel,private, killed Oct. 19, 1780.Allen, William,private.Hill, Dan,private, killed Oct. 19, 1780.Anderson, Samuel, Jr., of Blandford,private.Hough, Justus,private.Bruk, Wainwright,private, killed.Herrick, Ebenezer,private.Bills, William, of Westfield,private.Haley, William,private.Baird, John,private.Hubbard, Jonas,private, killed Oct. 19, 1780.Blackwood, Albright, of Soudon,private.Hill, Primus,private.Badcock, Nathan,private.Ingowol, Stephen,drummer.Blair, Alexander,private.Jones, Judah,corporal, killed Oct. 19, 1780.Church, John, of Westfield,private.Jones, Ithamar,private.Colgrove, Joseph,private.Kent, Ezekiel,private.Chapin, John,private, killed.Kellegg, Daniel,private.Crooks, James,private.Leonard, Russel,private, killed Oct. 19, 1780.Colhiren, Abner,private.Loomis, Josiah,private.Conners, Abraham,private, killed.Converse, Isaac,private.Crow, John,private.Copley, Matthew,private.Day, Moses,private.Loyhead, Thomas,private, killed Oct. 19, 1780.Smith, David,fifer.Miller, Abner,corporal.Smith, James,private.Morgan, Simeon,private.Stewart, Moses,private.Moor, William,private.Shephard, Elijah ?Mathew, Nathan I.,private.Taylor, Joseph,corporal.Nott, Selden,private.Taylor, Jonathan,private.Noble, Paul, of Westfield,private.Taylor, Thomas,private.Noble, Jared,private, killed Oct. 19, 1780.Vanslow, Justus,private.Plumm, Jared,private.Worthington, Seth,sergeant.Pepper, William,private.Worriner, Lewis,corporal.Pitts, Gideon,private.Worthington, Stephen,private.Rimington, Jonathan,private.Whitney, David,private.Rogers, Isaac,private.Williams, Roswell,private.Read, Amos,private.Walker, John,private.Stewert, Jesse,corporal.Woodworth, Roswell,private.Woolworth, Samuel,private.Walton, Elijah,private.
CAPTAIN JOHN SPOOR'S COMPANY.
Spoor, John,captain.Bigsbey, Peletiah,private, killed Oct. 19, 1780.Brooks, Jonathan, of Lanesboroughlieutenant.Barry, John,private.Ball, Isaac, of Stockbridge,lieutenant.Moses, Charles, of Stockbridge,private.Fish, John,sergeant.Comstock, Medad,private.Jones, William,sergeant.Curk, John,private.Davis, William,corporal.Chapman, Gershom,private.Edmun, Andrew,corporal.Calender, Ezekiel,private.Edy, Briant,private.Charles, Darius,private.Foster, Jeremiah, of Williamstown(also given Weston),corporal.Campbel, Sam,private.Lemmon, Moses,sergeant, killed Oct. 19, 1780.Dickerman, Joel,sergeant.Tylor, Russell,corporal.Davis, Robert,private, killed Oct. 19, 1780.Jones, Josiah,fifer.Dewey, Lalson, of Stockbridge,private.Cetcham, Joseph,drummer.Egleston, Elijah,private.Adams, Peter,private.Fuller, Boswell,private, discharged September 28.Abbe, John,private.Fitch, Nat,private.Bennett, Jeremiah,private.Foster, Jeremiah, Jr., of Williamstown(also given Weston),private.Babcock, Jonathan,private.Gaff, Jacob,private, killed Oct. 19, 1780.Bradley, Josiah, of Stockbridge,private.Giles, James,private.Bush, Japhet,private.Bondish, Asa,private.Gregory, "Isband,"private.Pixley, Jonah,private.Hubbard, Baley,private.Pior, Abner,private.Heart, Leveret,private.Raymond, John,private.Horsford, Ambrose,private, killed Oct. 19, 1780.Rool, "Hewek,"private.Hatch, Solomon,private, killed Oct. 19, 1780.Ransom, Elias,private.Holmes, John,private.Root, Roswell, of Sheffield,private.Ingersole, Moses,private.Rool, Stephen,private.King, George, of Sheffield,private.Standish, Asa,private.Lorris, Jacob,private, killed Oct. 19, 1780.Starr, Thomas,private.Meeken, Oliver,private, killed Oct. 19, 1780.Saxton, Jesse,private.Mansfield, Josiah,private.Sprague, Barnabas,private.Mash, Abijah,private.Shearwood, Jonathan,private.Monrsurir, Gabriel,private.Tylor, Bezaleel,private.Noble, Joseph,private, killed Oct. 19, 1780.Winchel, David,private.Orton, James,private.Watson, Samuel,private.Wright, Miles,private.Winchel, Ephraim,private.Wood, Amaziah,private.Webb, Will,private.
CAPTAIN SAMUEL WARNER'S COMPANY.
Warner, Samuel,captain.Brooks, Shadrack,private.Norton, Jonathan,lieutenant.Bradle, Isaac,private.Chadwick, Ebenezer, of Tyringham,lieutenant.Bond, Joseph,private.Tracy, David,sergeant.Brown, Reuben, of New Marlboro,private.Jackson, Joshua,sergeant.Blackmer, Isaac,private.Brown, Nathaniel,sergeant.Bird, Amos, of Tyringham,private.Rand, James,sergeant.Benton, David, Jr., of Sheffield,private.Greppen, Alpheus,sergeant.Brookner, Reuben,private.Bush, Caleb, of Sandisfield,corporal.Beckett, William,private, killed Oct. 20, 1780.Jewet, Joseph,corporal.Boods, Joel R.,private.Down, Stephen,corporal.Bradle, Isaac,private.Powel, Joseph, of Sheffield,corporal.Core, Noah,private.Belton, Stephen,corporal.Clark, Reuben, of Sheffield,private.Griffins, Thomas,drummer.Clark, Wells,private.Pope, Gideon,fifer.Cooper, Benjamin,private.Noble, Saul,private.Carter, Elisha,private.Allen, Rufus,private.Cole, Elisha,private.Bogworth, Frederick, of Sandisfield,private.Conch, William, of Sandisfield,private.Bogworth, John, of Sandisfield,private.Comstock, Rufus,private.Marel, Abner,private.Callender, Daniel,private, received bounty at Sheffield.Marcone, Stephen,private.Denely, John,private.Mack, Warren,private.Dunham, Calvin,private.Orten, Roger,private.French, Ebenezer,private.Owen, William, of Sheffield,private.? French, Elisha,private.Remington, Simeon,private.Graten, Care,private.Rhods, Adam,private.Gichel, Joseph,private.Root, "Rosel,"private.Gillet, John,private.Sage, David,private.Glaston, Willard,private.Smith, Henry, of Sandisfield,private.Guild, Orrange,private.Spring, Henry,private.Hodg, Daniel,private.Skinner, Samuel,private.Huggins, Joseph, of Sheffield,private.Shed, Samuel,private.Heath, George,private.Shed, Daniel,private.Hines, Ezekiel,private.Todge, Elias,private.Hoskins, Anthony,private.Turner, Uriah,private.Hyde, Theophilus, of Sheffield,private.Tuttle, Benjamin,private.Higgins, Zenas,private.Underwood, Silas,private.Hatch, Seth, of Bennington,private.Warner, Levi, of Sandisfield,private.Jaqua, Seth,private.Warker, Thomas,private.Keyes, Elias,private.Webster, Daniel,private.Kilbernt, Robert,private.Wollen, Moses,private.Kelegg, Joel,private.Whitne, Silas,private.Kingsbury, Nathaniel,private.White, Solomon,private.Lummis, Noah,private.Bradle, Isaac,private.Wording, John M.,private.
CAPTAIN WILLIAM WHITE'S COMPANY.
White, William,captain.Bryant, John,private.Beckit, Silas,lieutenant.Barus, Aaron,private.Sprague, John,lieutenant.Briggs, Benjamin,private.Day, Elkanah,sergeant.Cleaveland, Jedediah,private.Stearns, Isaac,sergeant.Cook, Amasa,private.Barker, Ezra, of Lanesborough,corporal.Coree, Josiah, Jr.,private.Allen, Benjamin,corporal.Chafee, John,private.Brown, Luther, of Windsor,fifer.Coree, Josiah,private.Allen, John,private.Carpenter, Benjamin, of Hancock,private.Arnold, Jonathan, of Hancock,private.Cole, Solomon,private.Bundee, Elisha,private.Cowing, Elisha,private.Barnes, Asa, Jr.,private.Cole, William, Jr.,private.Doolan, Patrick,private.Eddy, Andrew,private.Pettabone, Amos,private.Gallop, William,private.Pearce, Levi,private.Hanks, Levi,private.Parker, Philip,private.Haringdon, William,private.Parker, Giles,private.Holt, Titus,private.Powel, Daniel, of Lanesborough,private.Harris, Joseph,private.Pettabone, Roger,private.Hall, Calvin,private.Richardson, Nehemiah,private.Hill, Gardner, of Hancock,private.Ross, Willard,private.Harringdon, Peter,private.Robbins, Jonathan,private.McFarling, William,private.Reed, Simeon,private.Jarvis, Joseph,private.Rice, Daniel,private.Keeler, James,private.Smith, Jonathan,private.Lewis, Richard, of Lanesborough,private, killed October, 1780.Stevens, John,private.Leanord, Soloman,private.Smith, Simeon,private.Lusk, Asa,private.Slater, James,private.McGuire, James,private.Tracey, William,private.Morehouse, Matthew, of Hancock,private.Thrasher, Charles, of New Ashford,private.Narramore, Asa,private.White, William, Jr.,private.Oles, Horace,private.Wollcut, Moses,private.Parker, Charles,private.
Summary.
Captain William Foord's Company may have been stationed at Middle Fort, Schoharie Valley, under command of Major Melancton L. Woolsey. See his report of Sept. 27, 1780. It had
2 Lieutenants,4 Sergeants,1 Drummer,1 Fifer,4 Corporals, and 63 men76Captain Levi Ely's Company had3 Lieutenants,1 Quartermaster Sergeant,3 Sergeants,6 Corporals,1 Drummer,1 Fifer and 66 men81Captain Ely and 15 men were killed Oct. 19, 1780.Captain John Spoor's Company.2 Lieutenants,4 Sergeants,4 Corporals,1 Drummer,1 Fifer, and 59 men72One man taken prisoner, 11 killed Oct. 19, 1780,2 killed Oct. 20, 1780.Captain Samuel Warner's Company may have been leftat Fort Paris or stationed elsewhere.2 Lieutenants,5 Sergeants,5 Corporals,1 Drummer,1 Fifer, and 73 men88Captain William White's Company.2 Lieutenants,2 Sergeants,2 Corporals,1 Fifer, and 56 men641 private killed, 1 private wounded, 1 taken prisoner.—-Whole force381Total killed Oct. 19, 1780, 29; wounded, 1; prisoner, 1.
Besides these Berkshire men, perhaps Captain John Kasselman's Tryon Company Rangers were at Fort Paris, and Captain John Zelley's Company at Fort Keyser.
From "New York in the Revolution":—
Tryon County Rangers.
Captain, John Kasselman.Lieutenant, John Empie.Ensign, George Gittman.Badier, John.Kasselman, John.Bickerd, Adolph.Kutzer, Leonard.Dusler, Jacob.Kulman, Henry.Empie, John.Shnell, John.Ettigh, Conrad.Smith, Henry.Fry, Jacob.Smith, William.Gittman, Peter.Strater, Nicholas.Harth, Daniel.Tillenbach, ChristHayne, George.Vanderwerke, John.Hortigh, Andrew.Walter, Adams.House, Peter.Walter, Christian.
Probably at Fort Paris.
Captain John Zelley's Company, Second Regiment, Tryon County, Colonel Jacob Klock.
Also John Wafel, William Wafel, Conrad Spraker, George Spraker, William (?) Dygert.
Probably at Fort Keyser.
Note5.
See "Rules and Articles for better Government of the Troops of the Thirteen United English Colonies of North America." Printed by William and Thomas Bradford, 1775. John Hancock, President. Philadelphia, Nov. 7, 1775. (Massachusetts Historical Society Collections.)
Plunder or pillage always incident to war, and, whatever rules exist for restraint, the conflict usually leads to authorized devastation and plunder, retaliatory to exhaust the enemy. For instances, in Civil War of 1861-65, Sherman's destruction of property in march through Southern territory, Sheridan's destroying agents in the Shenandoah Valley.
By Hague rule of 1899, July 29, pillage of a town or place even when taken by assault is prohibited.
How about Allies in Pekin?
See Instructions to United States Army in the field. General Orders, April 24, 1863, War of Rebellion:—
All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbing, all pillage and sacking even after taking a place by main force, all rape, wounding, maiming or killing of such inhabitants are prohibited, under penalty of death or such other severe punishment as may seem adequate to the gravity of the offence.
A soldier, officer, or private may be killed by superior officer for such act. See John Bassett Moore's "Digest of International Law."
Note6.
Brown was more outspoken than General Wayne. See "Major-general Anthony Wayne, and the Pennsylvania Line," by Charles J. Stillé, President Historical Society of Pennsylvania. J. B. Lippincott Company, 1893. (Pages 235et seq.)
General Anthony Wayne to H. A. Sheel.
Haverstraw near Stoney Point2d Oct 1780.Dear SheelI am confident that the perfidy of Genl. Arnold will astonish the multitude—the high rank he bore—the eclat he had obtained (whether honestly or not) justified the world in giving it him.But there were a few Gentlemen who at a very early period of this war became acquainted with his true character! when you asked my opinion of that officer I gave it freely & believe you thought it rather strongly shaded.I think I informed you that I had the most despicable Idea of him both as a Gentleman & a Soldier—& that he had produced a conviction on me in 1776 that honor & true Virtue were Strangers to his Soul and however Contradictory it might appear—that he never possessed either fortitude or personal bravery—he was naturally a Coward and never went in the way of Danger but when Stimulated by liquor even to Intoxication, consequently Incapacitated from Conducting any Command Committed to his charge.I shall not dwell upon his Military Character or the measures he had adopted for the surrender of West Point—that being already fully Elucidated but will give you a small specimen of hispeculatetalents.What think you of his employing Sutlers to retail the publick Liquors for his private Emolument & furnishing his Quarters with beds & other furniture by paying for them with Pork, Salt, Flour &c. drawn from the Magazine—he has not stopped here, he has descended much lower—& defrauded the old Veteran Soldiers who have bled for their Country in many a well fought field—for more than five Campaigns among others an old Sergeant of mine has felt his rapacity by the Industry of this man's wife they had accumulated something handsome to support them in their advanced age—which coming to the knowledge of this cruel Spoiler—he borrowed 4500 dollars from the poor Credulous Woman & left her in the lurch.The dirty—dirty acts which he has been capable of Committing beggar all description—and are of such a nature as would cause theInfernals to blush—were they accused with the Invention or Execution of them.The detached & Debilitated state of the Garrison of West Point—Insured success to the assailants—the enemy were all in perfect readiness for the Enterprise—& the discovery of the treason only prevented an Immediate attempt by open force to carry those works whichperfidywould have effected the fall of, by a slower & less sanguine mode.—Our army was out of protecting distance the troops in the possession of the Works a spiritless Miserabile Vulgus—in whose hands the fate of America seemed suspended in this Situation his Excellency (in imitation of Cæsar& his tenth legion) called for his Veterans—the summons arrived at one o'clock in the morning & we took up our line of March at 2.
Haverstraw near Stoney Point2d Oct 1780.
Dear Sheel
I am confident that the perfidy of Genl. Arnold will astonish the multitude—the high rank he bore—the eclat he had obtained (whether honestly or not) justified the world in giving it him.
But there were a few Gentlemen who at a very early period of this war became acquainted with his true character! when you asked my opinion of that officer I gave it freely & believe you thought it rather strongly shaded.
I think I informed you that I had the most despicable Idea of him both as a Gentleman & a Soldier—& that he had produced a conviction on me in 1776 that honor & true Virtue were Strangers to his Soul and however Contradictory it might appear—that he never possessed either fortitude or personal bravery—he was naturally a Coward and never went in the way of Danger but when Stimulated by liquor even to Intoxication, consequently Incapacitated from Conducting any Command Committed to his charge.
I shall not dwell upon his Military Character or the measures he had adopted for the surrender of West Point—that being already fully Elucidated but will give you a small specimen of hispeculatetalents.
What think you of his employing Sutlers to retail the publick Liquors for his private Emolument & furnishing his Quarters with beds & other furniture by paying for them with Pork, Salt, Flour &c. drawn from the Magazine—he has not stopped here, he has descended much lower—& defrauded the old Veteran Soldiers who have bled for their Country in many a well fought field—for more than five Campaigns among others an old Sergeant of mine has felt his rapacity by the Industry of this man's wife they had accumulated something handsome to support them in their advanced age—which coming to the knowledge of this cruel Spoiler—he borrowed 4500 dollars from the poor Credulous Woman & left her in the lurch.
The dirty—dirty acts which he has been capable of Committing beggar all description—and are of such a nature as would cause theInfernals to blush—were they accused with the Invention or Execution of them.
The detached & Debilitated state of the Garrison of West Point—Insured success to the assailants—the enemy were all in perfect readiness for the Enterprise—& the discovery of the treason only prevented an Immediate attempt by open force to carry those works whichperfidywould have effected the fall of, by a slower & less sanguine mode.—Our army was out of protecting distance the troops in the possession of the Works a spiritless Miserabile Vulgus—in whose hands the fate of America seemed suspended in this Situation his Excellency (in imitation of Cæsar& his tenth legion) called for his Veterans—the summons arrived at one o'clock in the morning & we took up our line of March at 2.
Hugh A. Sheel to General Wayne.
PhilaOct. 22, 1780My dear General... the character you gave me in confidence of Arnoldseveral monthsago made a strong impression on my mind it has been verified fully—his villany & machinations never could have been carried on but through the medium of his Tory acquaintance in this place....
PhilaOct. 22, 1780
My dear General
... the character you gave me in confidence of Arnoldseveral monthsago made a strong impression on my mind it has been verified fully—his villany & machinations never could have been carried on but through the medium of his Tory acquaintance in this place....
A very valuable map of the Province of New York, by Claude Joseph Sauthier, drawn for Major-general William Tryon in 1779, is found in "The Documentary History of New York," showing the Mohawk Valley grants, old forts, etc.
Fort Paris, Dec. 19, 1776, Captain Christian Getman's Rangers, Tryon County militia, were stationed at Stone Arabia, and were ordered, when not ranging, to cut timber for building a fort, under direction of Isaac Paris, Esq. (Mr. Paris was in Provincial Congress and later in State Senate.) It was a palisaded enclosure of stone and block-houses for a garrison of from two to three hundred (200-300) men. Begun in December, 1776, it was completed in the spring of 1777. It was situated on a most beautiful plain three or four miles north-east of Fort Plain, one-half a mile north of Stone Arabia churches, twelve (12) rods from the road. North of it water would run into the Sacondaga, and thence into upper waters of the Hudson; south into Mohawk waters. It is easily reached from Palatine Bridge, and is nearly one thousand feet above sea-level. In the fall of 1779, Colonel Fred. Fisher (Visscher), of Third Regiment, Tryon County militia, was at Fort Paris.
May 12, 1780, Colonel Jacob Klock, Second Regiment of Tryon County men, was there.
June 24, 1780, General Robert Van Rensselaer, of Second Brigade of Albany militia, was ordered to Fort Paris.
July 26, 1780, he left there (perhaps, however, to return), to assist the Canajoharie men at Fort Schuyler.
When John Brown took command there I do not know.
The conclusion of the matter of Oct. 19, 1780 wasbattle of Klock's FieldorFox's Mills. On that day and the 18th Sir John Johnson laid waste the whole of Stone Arabia district after burning Caughnawaga.
Brown's defeat in the morning of October 19 did not, however, involve Fort Paris, which was held by Major Root. Although immediate relief of the fort and pursuit of Johnson were essential, Van Rensselaer did not cross the Mohawk until afternoon, crossing at Fort Plain. The enemy was entrenched on the north side of the river, about St. Johnsville, near a stockade or block-house at Klock's. Fort House, a small block-house, was the exact place where just before night a "smart brush" occurred between the British and the Americans under Colonel Dubois. Colonel Dubois took a position above Johnson, on the heights of the north side, to prevent his passage up the river. Colonel Harper, with the Oneida Indians, was on the south side of the river, nearly opposite. General VanRensselaer after all this forward movement and the slight attack, did not hold his position, but fell back three miles down the river.
The enemy camped on land of the late Judge Jacob G. Klock, I suppose, colonel of Second Regiment, Tryon County militia, and, "soon after the moon appeared," moved to a fording-place just above a well-known citizen's (Nathan Christie) residence, and retreated on the south side of the Mohawk, passing Oneida Castle, and pushing westward for Canaseraga on Chittenango Creek, near Lake Oneida.