George Washington Papers
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From George Washington to Major General Nathanael Greene or Commanding Officer at West Point, 16 October 1780

XI
To Major General Nathanael Greene or Commanding Officer at West Point

Head Quarters near Passaic [N.J.] Octr 16. 1780

Dear Sir

It is represented to be indispensably necessary in the course of Smiths trial, that Col. Lamb, Col. Livingston, & Mr Kearse the Qr Master should attend the Court Martial as Witnesses—I have to request that you will Notify them, their presence will be necessary on thursday Next, and give them directions to attend accordingly if possible.1 I am Sir with great esteem Your Most Obedt Hble Servt

Go: Washington

LS, in David Humphreys’s writing, MHi: Heath Papers; Df, DLC:GW; Varick transcript, DLC:GW.

1The next Thursday was 19 Oct., which became the twelfth day of Joshua Hett Smith’s court-martial.

Col. James Livingston had testified for the prosecution on 2 Oct. about conversations with the defendant at King’s Ferry, New York. He testified for the defense on 19 Oct. (see Dawson, Trial of Joshua Hett Smith description begins Henry B. Dawson, ed. Record of the Trial of Joshua Hett Smith, Esq., for Alleged Complicity in the Treason of Benedict Arnold, 1780. Morrisania, N.Y., 1866. description ends , 17–18, 97–101).

Sworn as a defense witness on 20 Oct., Maj. Edward William Kiers, assistant quartermaster at King’s Ferry, answered Smith’s question: “‘Did I not always discover to you a desire to advance the interest of the country, and promote the general cause of America?’ … ‘You did, and bore with us the character of a warm friend to America’” (Dawson, Trial of Joshua Hett Smith description begins Henry B. Dawson, ed. Record of the Trial of Joshua Hett Smith, Esq., for Alleged Complicity in the Treason of Benedict Arnold, 1780. Morrisania, N.Y., 1866. description ends , 101–3, quotes on 102).

Col. John Lamb, called on 20 Oct. as Smith’s final witness, testified on Maj. Gen. Benedict Arnold’s desire to interview Loyalist colonel Beverly Robinson (see Dawson, Trial of Joshua Hett Smith description begins Henry B. Dawson, ed. Record of the Trial of Joshua Hett Smith, Esq., for Alleged Complicity in the Treason of Benedict Arnold, 1780. Morrisania, N.Y., 1866. description ends , 103–5; see also Document XII). Smith later commented on the value of the testimony from Lamb, “who declared that he was present at General Arnold’s table, when the subject of the flags was introduced in conversation; and he confirmed what I have already related on that subject” (Smith, Narrative description begins Joshua Hett Smith. An Authentic Narrative of the Causes which Led to the Death of Major Andrè, Adjutant-General of His Majesty’s Forces in North America. 1808. Reprint. New York, 1969. description ends , 194).

Smith described in his memoir that, in early September at his home, “it was mentioned at dinner by General Arnold, that the flags had brought letters from Colonel Beverly Robinson, who, General Arnold said, was very anxious to make terms for the recovery of his estates, that had been confiscated to the public use; and that Colonel Robinson was authorized to propose, through his medium, some preliminary grounds for an accommodation between Great Britain and America. Colonel Lamb of the Artillery, at West Point, an old and sagacious officer, who, with a number of other officers from the garrison, was present at dinner, immediately said, that any proposition of that kind ought with more propriety to be made to Congress, than to a General, only commanding a district; General Arnold replied, that the communication must at first be made through some channel, and here the conversation ended” (Smith, Narrative description begins Joshua Hett Smith. An Authentic Narrative of the Causes which Led to the Death of Major Andrè, Adjutant-General of His Majesty’s Forces in North America. 1808. Reprint. New York, 1969. description ends , 19–20).

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