George Washington Papers
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From George Washington to Jeremiah Powell, 31 May 1780

To Jeremiah Powell

Head Qrs Morris Town May 31st 1780

Sir

I had the Honor Three days ago to receive your Letter of the [ ] Instant, covering a Resolve of your Honourable assembly, for annexing Colo. Jackson’s Regiment to the line of the State—and an Act for preventing & punishing Desertion &c.1 I shall take an early occasion agreable to the desire of the Assembly, to arrange & number this Regiment.2

I have the honor to inclose the Draft of a proclamation, founded in the spirit of the Act with respect to Deserters, Copies of which you will be pleased to have printed and dispersed through the State, if you think it proper.3 This Act in it’s design, appears well calculated to answer the Objects of it, and if well executed, will have very salutary consequences. There is nothing more injurious to the public and nothing more practised, than engaging Deserters on board privateers and other Armed Vessels—and our exertions cannot be too great to prevent it. I have the honor to be with very great regard & respect Sir Yr Most Obedt sert

Go: Washington

LS, in Robert Hanson Harrison’s writing, M-Ar; Df, DLC:GW; Varick transcript, DLC:GW. According to notations on the LS, the Massachusetts Council and House of Representatives both read this letter on 10 June and authorized publication of GW’s proclamation in the state’s newspapers (see n.3 below).

1Powell had written GW an undated letter from Boston: “Upon the application of Lieut. Colo. Cobb of Colo. Jacksons Regiment in behalf of said regiment, The General Assembly passed the enc[l]osed Resolve by which you will be acquainted with the Intention of the Assembly to annex Colo. Jacksons regiment to the Line of this State. I am directed to give this information to your Excellency and request you to arrange and Number the same Regiment in the Line of this State of Massachusetts Bay in the Continental Army according to their rank” (LS, DNA:PCC, item 74; copy, DNA:PCC, item 11; copy, ICHi; for the letter’s date, see General Orders, 24 July). Powell apparently sent the letter on or after 5 May, the date of the enclosure on desertion.

The Massachusetts House of Representatives passed the enclosed resolution on 4 May. The measure directed that “the Regiment Commanded by Colo. Henry Jackson in the Continental Army be and hereby are deem’d and consider’d to belong to this Line of the State of Massachusetts Bay in said Army, and shall for the future be entitled to receive all benefits and advantages arising to the said Line, and that the Major part of the Council be desired to address a Letter to his Excellency General Washington requesting him to arange and number the said Regiment in the Line of the said State according to their Rank” (DNA:PCC, item 74).

Powell also enclosed a “true Copy” of “An ACT to prevent and punish Desertion, and for apprehending and securing Deserters from the Continental Army” that passed the Massachusetts legislature on 5 May. The measure detailed responsibilities for apprehending deserters, imposed penalties for assisting deserters, and directed the state council to write GW “immediately, inclosing a copy of this act; and in the name of the General Assembly of Massachusetts Bay, requesting him to proclaim a pardon to all deserters from the Massachusetts line of the army, who shall within three months after the publication of this act, return to their several companies” (DNA:PCC, item 74).

2GW fulfilled his promise when he wrote the Committee at Headquarters on 18 July, asking that they execute the Massachusetts law regarding Col. Henry Jackson’s Additional Continental Regiment, and noting that the regiment would become the 16th Massachusetts Regiment (DLC:GW; see also General Orders, 24 July).

3GW’s draft proclamation with this date reads: “Whereas the Honourable the Council & House of Representatives of the State of Massachusett’s Bay, by an Act passed on the 5th day of this Month, entitled ‘An Act to prevent and punish desertion, and for apprehending & securing Deserters from the Continental Army,’ have suggested among other things, That it appeared many Deserters from the Battallions belonging to the State, sensible of their folly and wickedness in violating their Oaths—and in dishonourably abandonning the cause of their Country, would gladly be restored to the favour of their fellow Citizens, by a speedy return to their several Companies & Regiments in the Continental Army, were it not for the apprehension of an ignominious punishment; And Whereas the said Honble Council and House of Representatives have been pleased to recommend it to the Commander in Chief of the said Army, to proclaim a pardon to All Deserters described in the said Act, who being on Land should return to their several Companies & Regiments within Three months after the publication of the said Act, and if at Sea, within one Month after they returned into port; In Order therefore to remove on the one hand every apprehension and fear of punishment from the minds of those who have repented of their base and wicked conduct and wish to return, and on the other, to prevent all appearance of excuse on the part of those who shall reject the indulgence herein set forth—I hereby make it known to All Soldiers of the descriptions contained in the said Act, who have deserted from the Battallions or Companies of the said State, serving in the Continental Army, or who were intended as Recruits or Levies inlisted or detached from the Militia for the same and deserted before or after they joined the Army, that a free and full pardon is proclaimed and Granted to them, on condition that they join their respective Regiments and Companies, or where they had not been incorporated, surrender themselves to any Officer of their State, present with the Army, within the times and on the terms particularly limited & specified in and by the said recited Act.

“And being anxious to save wherever it is possible—I further admonish & warn All Deserters in the said State, belonging to any Regiment—Corps or Company whatsoever in the Army, to avail themselves of the Mercy & offer of pardon held forth by this Proclamation—and if they do not, that they will reject it at the peril & hazard of their lives. Given at Head Qrs in Morris Town, this 31st day of May Anno Dom. 1780” (Df, in Robert Hanson Harrison’s writing, DLC:GW; Varick transcript, DLC:GW). For instances of the proclamation’s publication, see The Independent Chronicle and the Universal Advertiser (Boston), 15 June; The Independent Ledger, and the American Advertiser (Boston), 19 June; and Thomas’s Massachusetts Spy Or, American Oracle of Liberty (Worcester), 22 June.

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