George Washington Papers

To George Washington from Nathaniel Scudder, 15 November 1779

From Nathaniel Scudder

Philadelphia Novr 15th 1779.

Sir,

In Pursuance of a Resolution of Congress of the 4th instant (a Copy of which is enclosed)1 I am directed by the medical Committee to transmit to your Excellency some Papers relative to a Complaint filed by the Inhabitants of the Town of Danbury against the Deputy director general of the eastern Department.

The Papers are marked from No. 1. to No. 4. inclusive, and will with this be handed you by Doctor Foster, who proposes to wait on your Excellency in his Way to the eastward to receive your Commands.2 I have the Honor to be with the highest Esteem And most perfect Respect Your Excellency’s most Obedient And very Humble Servant

Nathl Scudder Chairman

ALS, DLC:GW.

GW replied to Scudder from Morristown on 4 Dec.: “I had the honor of your favor of the 15th Novr with its several inclosures relative to Doctor Foster. Whenever the trials that have been previously directed are finished, I shall pay the earliest attention to the inquiry ordered” (Df, in James McHenry’s writing, DLC:GW; Varick transcript, DLC:GW). GW probably had in mind the trials of Maj. Gen. Benedict Arnold and William Shippen, Jr. For Arnold, see GW to Joseph Reed, 4 Dec., and the notes to that document. For Shippen, see Samuel Huntington to GW, 27 Nov., and n.1 to that document. Isaac Foster apparently met GW during the fall (see Foster to his wife, Polly, 21 Oct. and 8 Dec., in “A Bundle of Old Letters,” Atlantic Monthly 3 (May 1859): 558–59).

No records related to an inquiry into Foster’s activities have been identified, but he lost his position in the medical department after completion of a new arrangement. Foster subsequently wrote the Medical Committee of Congress from Boston on 29 Nov. 1780. That letter in part reads: “The first hint I had that it was possible I should not be reappointed in the Arrangement of the Hospl Department was in a Letter from Doctor Muhlenberg who is Chairman of your Committee of Octr Ult. I did not attend to it. I could not suppose it possible that my Country would permit a faithful servant who had Steped forward in the very earliest time of the Contest, who had Attended the Army in its most perilous Scituation, and almost ruined his Constitution to be turned off at the eve of a severe Winter to starve with a large family. This is unfortunately my Case and I must submit, but I think I have a right in Justice to myself and Other discarded Officers to Demand, that our pay be made good as it was fixed by Congress at the time of our last Contract, which at best will be but a poor Compensation, what will become of some of the Old Hospl Servants, who have served faithfully from the beginning and are now cast on the Wide World in a state little better than beggary I can not tell, at all Events I must be furnished with money, to pay the Debts due from the Department Including the Officers Sallarys, and Subsistence, which are due from the 1st of April I think it would be but Justice if the discarded Officers were to be paid in the New Emission. Repeated resolutions of Congress have passed in our favour as to Clothing, but we have received no benefit from them some attention is certainly due to us on that head, the Quarter Master has once stopped my Allowance of Wood, my Accounts are large and from their Nature intricate it will take the Whole Winter to settle them and unless my rations are Continued I know not how I shall get through them I can Attend to no private business untill they are settled” (DNA:PCC, item 78). Congress read this letter on 4 Jan. 1781 (JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 19:20). Foster died on 27 February.

1The enclosed copy of a resolution that Congress passed on 4 Nov. 1779 reads: “A letter of 26 Octr from Thadeus Benedict was read respecting the conduct of Doctr Forster.

“Ordered, That it be referred to the commander in chief and that he be directed to cause such proceedings to be had thereon as that the charges alluded to in it be speedily enquired into and justice done.

“Ordered That the medical comee transmit to the commander in chief the memorial of Thadeus Benedict and others against doctr Forster & such other papers as they may have respecting that matter” (DLC:GW; see also JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 15:1237).

2The enclosed letter from Thaddeus Benedict to Samuel Huntington, president of Congress, written at Danbury, Conn., on 26 Oct. and docketed “No. 3,” reads: “Some time in the Month of December last, a number of us sent in a Memorial to the Honorable Congress, (as we then understood it was likely a new Arrangement would soon take place in the Hospital Department for the better regulation of the same,) Did in consequence thereof, request that Isaac Foster Esqe Deputy Director Genl of the Military Hospital Eastern Department, might not be considered in the new Arrangement, on Account of the great Uneasiness that prevail’d among the Inhabitants of this Town, who were Eye Witnesses to his Conduct, Inattention and neglect of Duty, in not furnishing the Hospitals with Wood, so that the sick were Oblig’d, and did distress this Already too much distress’d Town, by Burning Rails and thereby laying open Inclosures of Wheat &c.

“Secondly his providing no Check against the most Profuse Expence of Publick Stores—& Lastly his Arbitrary and Tyrannical Conduct, and Even his Threats which we Said were not to be Borne.

“We did not at that time take Evidences thinking it would be premature, but concluding that if the Honorable Congress thought the Matters therein mentioned were worthy so much Notice, they would Appoint a Court of Inquiry, to which we Expected to Notice and point out the Witnesses to prove the Grounds of the Uneasiness Aforesd—but having heard nothing about the Matter, untill from a Spectator in the Public Papers, and from Doctr Foster in his Reply thereto, we think ourselves in Duty Bound to the Publick as well as to Justify our own Conduct, in what we therein hinted to the Honorable Congress. we have Accordingly Taken a number of Depositions and have them ready to Transmit to your Honour for Inspection or to be Laid before any Board the sd Memorial may be Committed to” (DLC:GW). Congress read Benedict’s letter on 4 Nov. (see n.1 above). Congress had read the December 1778 memorial on 14 Jan. 1779 and referred it to the Medical Committee (see JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 13:64).

The enclosed letter from Foster to Huntington, written in Philadelphia on 4 Nov. and docketed “No. 4,” reads: “Some of the Authority, Selectmen and other Persons of the Town of Danbury in the State of Connecticutt, having in December last presented a memorial to the honourable Congress, complaining of great uneasiness respecting my Conduct, especially in that Town; and requesting I might not be considered in the new Arrangement of the Hospitals, which was then supposed to be about taking Place: As soon as my Health would permit I repaired to Philadelphia, and lodged an Answer with the medical Committee of Congress, to whom that memorial had been referred: and expected to hear no more of it, untill a time should be appointed for my Tryal. But an illnatured and illiberal Attack having been made upon my Character by a Person unknown, under the Signature of Spectator, in the Pennsylvania Packett of last August, avowedly founded on that memorial; and not without some reflections on the honourable Congress itself: which Attack has been renewed in the Packett of the 26 of October; I am under the necessity in Justice to my own Character, of most humbly requesting, that the honourable Congress will be pleased to direct his Excellency the Commander in Chief, to order a Court of Inquiry into my publick Conduct—that I may have an Oppurtunity of convincing the world, that I have discharged my Duty with Zeal, Diligence, Fidelity and Oeconomy.

“I humbly pray Sir, that this Court of Enquiry may be granted me as soon as possible” (DLC:GW). Congress read Foster’s letter on 5 Nov. and ordered it transmitted to GW (JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 15:1240).

Another enclosure apparently was a copy of Foster’s letter to the Medical Committee written in Philadelphia on 28 May: “Having been informed while I lay sick at Danbury, that a Memorial to the Honble Congress of the united States intended to my prejudice, was handing about by Thaddeus Benedict Esq. to obtain Subscribers, I wrote to several Members of that august Body, to desire nothing might be done upon it untill I had an Oppurtunity of answering for myself, they refered the Memorial to you, and with your usual Candour you have waited my Arrival, I am now on the Spot and ready to meet my Accusers face to face, or to hear any Evidence they may have against me, but as it is not the nature of Assissins to shew themselves in open Day I do not expect they or any person on their behalf will appear, yet it being generally known that a memorial has been forwarded against me (‘tho its contents have been carefully concealed from all but the Subscribers) I am bound in Justice to my own Character to desire you would act upon it, and beg your Patience while I make some remarks on the Memorial itself, and your Indulgence to hear as soon as is convenient to you such evidence as I can offer in vindication of my Conduct.

“They begin ‘we the Subscribers being the Authority, Selectmen and others of the town of Danbury[‘] it ought to have been rather, we the Subscribers being part of the Authority &c., I am not enough acq⟨uain⟩ted with the internal Police of that town to know how many the Authority Selectmen &c. consist of, but this is a fact the Memorialists dare not deny that their memorial was offered to Colonel Cook to sign (a Gentleman undoubtedly of the most Sense and best education amongst them, who has as great an Attatchment to the Cause of his Country as any one in the place, and who is at the head of the Authority) but he refused, altho’ he had a better Oppurtunity of judging of my Conduct than any other person, as (except for the first six weeks) I kept at his house the whole time I resided in Danbury, and transacted most of my Bussiness there. They proceed to express a deep Sensibility of the uneasiness respecting me especially in that town, I am at a loss to guess wether this uneasiness arises from my Conduct in Office, or from my holding an Office which they wish for Another. I suspect the latter, notwithstanding they in the next Paragraph aim at fixing the neglect of supplying the Hospitals with wood on me, I blush for them at this Attempt, for altho’ I am still doubtfull wether the furnishing wood is properly in my Department, they can not be ignorant that the wood was procured, but hardly a team in town could be got to cart it ’tho I offered them immediate payment, nor would the Authority give me any assistance in pressing ’tho repeatedly applied for, this happened the latter end of the year 1777, and the begining of 1778, at which time I believe some fences were burnt, I never gave any orders for it, but could not find in my heart to punish the Tenders who out of Compassion to the Sick committed this irregularity & which the exertion of less than common Industry in the Inhabitants would have rendered needless, there was never but one Person who claimed payment for his fence that was so burnt, and as he had exerted himself more than any in drawing wo⟨od⟩ I had his damage apprized and paid him for it, but when I came to pass my Accounts at the Treasury Board the charge was disallowed, This last winter the Hospitals have been plentifully supplied with wood, and when I came through Danbury there was enough to last them untill the fall.

“They complain of my providing no check against the most profuse expence of publick Stores, I do not believe that the Stores have been profusely expended, but if they have I am not accountable for it, as by the resolves of feby 1778 the Controul of the expenditure was taken out of my hand and put into that of the Surgeon General, if he has neglected regulating the expenditure let him answer for it.

“By my arbitrary and tyrannical Conduct I suppose they mean my taking little notice of and having no Connection with them ex[c]ept when the Bussiness of the Hospital mad[e] it absolutely necessary, I recollect no threats except on[e] to Thaddeus Benedict Esq., having repeatedly remonstrated to him against his selling Liquor to, and suffering the Patients to tipple and debauch themselves in his house, he told me he would sell Liquor to whom he pleased, upon which I threatned to complain to the Commander in cheif of the Department, which I did and by that means put an End to the destructive Practice.

“I am not without Suspicion that a Gentleman of the Department has been deeply concerned in promoting the memorial, yet were I sure of it I should not remonstrate against his being considered in the New Arrangement, but leave him to that Contempt of all good Men which constantly attends Ignorance in the Profession a Man pretends to, negligence in the Post he is entrusted with, and that meaness of Spirit which is capable of endeavouring Secretly to undermine another’s Charecter.

“Conscious of my own Integrity and ignorant of what I was accused I had collected no Evidence before I came on, but am happy in finding here Doctors Hutchinson, Latimore and Fallon who not belonging to our Department are uninfluenced by the little feuds of it, at the same time having done Duty in it they are able to inform you how Matters have been conducted, I beg they may be called before you and their evidence taken. happy in the Confidence that you will never suffer a man who has at least endeavoured to serve his Country to fall a Sacrifice to the Malevolence of the revengeful, or the aspiring Ambition of the ignorant” (DLC:GW). Congress also read a petition from Foster and other officers of the hospital in the eastern department on 28 May and referred it to the Medical Committee (see JCC, description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends 14:661).

The fourth enclosure may have been the statement of William Burnet, Sr., written at Philadelphia on 27 May in support of Foster: “Whereas a Complaint has been made, by a Number of the Inhabitants of the Town of Danbury against Isaac Foster Esq. D. Director of the Eastern Department, this is to certify, that Dr Foster as far as I have been acquainted with his Conduct, has managed the Business [of] the Department very prudently, & much to the Advantage of the Continent, & I have Reason to believe, sd Complaint proceeded from Envy & Resentment” (DLC:GW). Burnet served as surgeon general of the eastern department.

For further details on Foster’s controversial management of his medical responsibilities, see Smith, Letters of Delegates, description begins Paul H. Smith et al., eds. Letters of Delegates to Congress, 1774–1789. 26 vols. Washington, D.C., 1976–2000. description ends 13:22–23 and 14:197–99; see also Saffron, Cochran, description begins Morris H. Saffron. Surgeon to Washington: Dr. John Cochran, 1730-1807. New York, 1977. description ends 51–52, 67.

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