From George Washington to George Clinton or Philip Van Cortlandt, 29 October 1780
XVI
To George Clinton or Pierre Van Cortlandt
Head Quarters Prackness Octr 29th 1780
Sir
I have the honor to transmit your Excellency the proceedings of the Court Martial upon Joshua Smith; by which you will perceive out of four charges exhibited against him the Jurisdiction of the Court was only found competent to one, of which they have acquitted him for want of sufficient evidence.1 As he was brought out of Your State into this for trial, I have thought proper to send him back to West Point.2 I think it necessary to inform you, that he will be shortly released from confinement unless the Civil Authority should interpose to demand him.3 I have the honor to be with the greatest respect Your Excellency’s Most Obedient and Humble Servant.
Go: Washington
P.S. When you have considered the Proceedings you will please to return them.
Go: W——n
LS, in David Humphreys’s writing, NjMoHP; Df, DLC:GW; Varick transcript, DLC:GW. Clinton wrote GW on 3 Nov. that he received this letter on that date (DLC:GW).
1. The enclosure has not been identified, but see the “ADVERTISEMENT” page near the start of ; see also the editorial essay above, and notes 14 and 19.
2. See Documents XV and XVII.
3. Following Smith’s imprisonment at Goshen, N.Y., on 12 Nov., by Clinton’s order, his case went before a grand jury. Smith later recalled: “Much art and industry were employed by the attorney-general, to induce the grand jury to find a bill of indictment against me; but the injustice and cruelty of attempting to place a man’s life in danger twice for one and the same offence, was spiritedly rejected by them; of this I was informed by several members who composed the grand jury, who reprobated the measure as illegal, unconstitutional, and barbarous. After this attempt, many who had been refused access to me, were now admitted; my family were allowed to visit me, and to administer those supplies, and consolations, which the state of my health rendered indispensably necessary, from the length of my confinement, and the vicissitudes I had undergone” (, 229–30; see also Clinton to William Heath, 8 Nov., in , 6:396–97, and Heath to GW, 10 Nov., postscript, DLC:GW). Smith subsequently petitioned for his discharge but was denied consideration “until the direction of the commissioners of conspiracy had been obtained” (, 254–55). For Smith’s escape from prison, see the editorial essay above, and n.21.