General Orders, 13 March 1780
General Orders
Head-Quarters Morristown Monday March 13th 1780.
Parole Venerable— C. Signs Veteran Vigor.
A General Court Martial of the line is to sit tomorrow 10 ôclock at the new store room in Morristown for the trial of Doctor William Shippen junior and such other persons as may be brought before them—Brigadier General Hand is appointed President—Colonels Hazen and Proctor Lieutenant Colonels De Hart and North and Majors Thayer and Grier are appointed members—a Captain from each Brigade in Camp except the second Maryland & 1st Pennsylvania and the Brigade of Artillery will also attend as members.1
By a Division General Court Martial of the Pennsylvania line held the 22nd day of February last Col. W. Stewart President—Samuel Bell and Robert Powers, soldiers of the 10th Pennsylvania regiment and Thomas Brown and Jacob Justice soldiers of the 7th Pennsylvania regiment confined for “Plundering Mr Bogart an Inhabitant near Paramus” were tried and found guilty of a breach of the 21st article, 13th section of the articles of war2 and sentenced each of them to be hanged, more than two thirds of the Court agreeing.
The Commander in Chief approves the sentence.3
After Orders—
Colonel Johnston is appointed officer of the day tomorrow in place of Colonel Ogden who is to sit on general court martial in place of Colonel Hazen—Lieutt Col. Mentges is appointed member of the same Court in place of Col. Proctor, excused.
Varick transcript, DLC:GW.
Adj. Gen. Alexander Scammell’s orderly book entry for this date includes an additional general order: “Two good Masons from the Pennsylvania Line to be sent to the Adjt Genls this afternoon” (orderly book, 17 Oct. 1779–22 March 1780, DNA: RG 93, Orderly Books, 1775–1783, vol. 33).
GW’s warrant book for this date indicates that Maj. Caleb Gibbs received $3,000 “for the use of the Commander in Chief” (Revolutionary War Warrant Book 5, 1780–1783, DLC:GW, ser. 5). Gibbs wrote a receipt for this money “for the use of defraying the expence of His Excellency General Washington’s family” on 14 March (Revolutionary War Receipt Book, 1776–1780, DLC:GW, ser. 5).
1. John Morgan had pressed GW since June 1779 to court-martial William Shippen, Jr., for maladministration of the medical department (see GW to Morgan, 24 June 1779, and n.1; John Jay to GW, 20 July 1779, and n.4; Morgan to GW, same date, and n.1 to that document; the first Council of General Officers, 26 July 1779; and GW’s second letter to Jay, 29 July 1779). The initiative regained momentum later in 1779 (see Samuel Huntington to GW, 27 Nov., and GW to Huntington, 4 Dec.; see also GW to Morgan, 17 Dec., and Morgan to GW, 27 Dec.). For GW’s decision to arrest Shippen, see his letter to Morgan of 5 Jan. 1780. Shippen’s court-martial, which lasted until 27 June, resulted in his acquittal. GW neither approved nor disapproved the verdict when he transmitted the proceedings to Congress (see GW to Huntington, 15 July, DNA:PCC, item 152). Congress acted similarly before ordering Shippen’s release from arrest on 18 Aug. (see , 17:744–46).
2. The twenty-first article of the thirteenth section of the articles of war reads: “If any officer or soldier shall leave his post or colors to go in search of plunder, he shall upon being convicted thereof before a general court-martial, suffer death, or such other punishment as by a court-martial shall be inflicted” (, 5:799).
3. For GW’s pardon of the convicted soldiers and for the plundering victim’s full name, see General Orders, 9 May.
Samuel Bell enlisted as a private in the 10th Pennsylvania Regiment in January 1777 and served at least through the summer of 1780.
Robert Powers enlisted in the 10th Pennsylvania Regiment in April 1777 and apparently served until 1781.
Thomas Brown enlisted in the 7th Pennsylvania Regiment in November 1777.
Jacob Justice enlisted in the 7th Pennsylvania Regiment in December 1776 to serve during the war, but he apparently left the army in 1781.