From George Washington to Brigadier General William Woodford, 13 January 1780
To Brigadier General William Woodford
Head qrs Morris Town January the 13. 1780
Dr Sir
I received Your Letter of the 6th with the proceedings of the Court Martial in the case of Thomas Warren. From the frequency of sentences affecting life, and the Many executions that have been in consequence, I wish the Court Martial, altho the conduct of the prisoner was certainly criminal, had given a sentence less severe; and for the same reasons that the proceedings had not been sent me. I return them with a Copy of an Article of War of the 14th of April 1777—by which you will perceive that you have power to order the sentence to be executed—or to suspend it till the pleasure of Congress can be known on your submitting the proceedings to them.1 You will use your discretion in the matter—If it is the first Great Offence, it might be best perhaps for him to be pardoned.2 Your natural disposition to humanity especially in so interesting a point, if you think the execution of the prisoner can be dispensed with, will lead You to mention I am certain, whatever was favourable in his past character. I am &c.
G.W.
Df, in Robert Hanson Harrison’s writing, DLC:GW; Varick transcript, DLC:GW.
1. The enclosure has not been identified. On 14 April 1777, Congress repealed four of the articles of war and replaced them with four revised articles. GW is referring to the fourth revised article, in which Congress gave the power to the Continental general commanding in a state to appoint general courts-martial and to pardon or mitigate any punishment, except execution, which he could only suspend pending the decision of Congress (see 7:264–66). Woodford, who was marching the Virginia brigade to South Carolina, was the highest-ranking Continental officer at Philadelphia. He left Philadelphia on 14 Jan. (see Woodford to GW, this date).
2. GW subsequently confirmed Thomas Warren’s death sentence in general orders, but the next day he sent orders granting him a pardon (see General Orders, 4 Feb., and GW to Lewis Nicola, 5 Feb.).