From George Washington to the Board of War, 24 December 1779
To the Board of War
Head qrs Morris Town Decr 24th 1779
Gentn
General Arnold, whose trial is now going on, has represented that the Evidence of Colo. Mitchell is so material that he cannot dispense with it—and that without it—his Trial cannot be brought to a conclusion.1 I had on the application of the General, summoned him to attend,2 but by a Letter from him of the 17th he has deferred coming till he should receive farther directions, alledging “that the business of his department at present is in such a situation as to render it next to impossible for him to be absent—and that the Virginia Troops could not be furnished with necessaries and means of proceeding on their rout, if he were to come and that the duties of his Department could not be exercised by any Other in the present critical situation.” General Greene to whom I transmitted a Copy of Colo. Mitchells Letter has informed me in answer, “there is no doubt but the public business will receive injury, from calling Colo. Mitchell away at this very critical season.”3 From this state of facts the Board will see the embarrasments which it is said will arise, either from the attendance or non attendance of Colo. Mitchell—and I beg leave to submit it to them, who are on the spot, and who from this circumstance and their knowledge of the intended movements of the Virginia Troops4 and other matters which come within the Quarter Master’s department, can better decide on the validity of his reasons, to direct Col⟨o⟩. Mitchell with respect to the conduct he is to pursue. It is a very desireable Object to get the Trial of General Arnold brought to a conclusion—both public & private justice require it; at the same time, if Colo. Mitchell’s place cannot be supplied by another & his attendance would involve the interesting consequences which he mentions—it would seem of necessity, that the trial must be adjourned, if his personal appearance before the Court is ultimately thought essential. I wish to be honoured with the Board’s Answer as soon as possible upon the subject—and if they deem his attendance impracticable at this time—that they will say when it can be given. The Board will be pleased to communicate their determination to Colo. Mitchell, who at present is in a state of suspense & if he can come on, his arrival here cannot be too early.5 I have the Honor to be &c. &c.
Go: Washington
P.S. By a Letter received in the course of last night from Genl Wayne—the Enemy’s fleet sailed yesterday. I have transmitted a copy of his intelligence to Congress.6
Df, in Robert Hanson Harrison’s writing, DLC:GW; Varick transcript, DLC:GW.
1. Maj. Gen. Benedict Arnold’s court-martial resumed on 23 Dec. and reached a verdict on 26 Jan. 1780 (see GW to Joseph Reed, 4 Dec., n.2).
2. See GW to John Mitchell, 14 Dec., found at Mitchell to GW, 17 Dec., n.1.
3. Q.M. Gen. Nathanael Greene’s communication, if written, has not been found, but see GW to Greene, 23 Dec., and notes 1 and 2 to that document.
4. For the march of the Virginia line to the southern department, see GW to Samuel Huntington, 29 Nov., and the source note to that document.
5. GW wrote Mitchell from Morristown on this date: “I have written to the Board of War on the subject of your letter of the 17th; you will receive your answer from them, and be governed accordingly” (Df, in James McHenry’s writing, DLC:GW; Varick transcript, DLC:GW).
The Board of War wrote GW from Philadelphia on 26 Dec.: “Mr Pettit having applied to the Board respecting Col. Mitchell’s going to Camp as an Evidence in the Case of General Arnold it appears to us from the Reasons contained in Mr Pettit’s Representation that Col. Mitchell cannot be spared from this post at this Time. It will at all Times in the critical State of the Department be inconvenient for Mr Mitchell to be absent but until the Troops destined for the Southward are passed thro’ the Post it will be of material Injury to the Service; as the Preparations for expediting the Troops so much depend on his personal Exertions. We have therefore taken the Liberty to direct the Stay of Col. Mitchell until every Thing is in Readiness for the Virginia Troops. We suppose the Delay will be but for six or seven Days after which he is to proceed agreeably to your Excellency’s Orders. Nothing but the Importance of the Bussiness about which Col. Mitchell is employed would have induced us to delay his Compliance with your Excellency’s Direction. The Frost having prevented the Troops going by Water has occasioned a particular Necessity of Col. Mitchell’s being here at this Time to expedite their Progress by Land. There is also a great Extra-Demand for Waggons for the Transportation of Provisions to relieve the Distresses of the Army & Col. Mitchell is of material Consequence in forwarding this indispensibly necessary Bussiness. We have directed Col. Mitchell to proceed the Moment his Bussiness will admit of it & if he can get Matters in Train sooner than the Period we have mentioned he has Orders to do it” (ALS, DLC:GW). Mitchell testified at Arnold’s court-martial on 19–20 Jan. 1780.