George Washington Papers

General Orders, 23 October 1778

General Orders

Head-Quarters Frederick’sburgh Friday Octr 23rd 1778.

Parole ElizabethtownC. Signs Essex. Egypt.

At a General Court Martial of the Line Octr 15th 1778—Coll Patten President, Henry Despert, Daniel Thompson, John Kidder, John Cole, Asa Adams, Samuel Wortman, Jonathan More, Davis Brown & Edward Wiley of the Commander in Chief’s guard were tried for going out secretly with their side Arms in the night of the seventh instant with a design of being revenged on Captain Van Heer’s men for confining some of the Guard and acquitted of the charge exhibited against them;1 Also Thomas Piper of His Excellencys guard was tried for destroying and moving Mr Kean’s House; It appearing to the Court that said Piper carried away some of the boards after the house was pulled down; but from circumstances they are of opinion he is undeserving of any more punishment than what he has already received by confinement.2

The Commander in Chief confirms the opinion of the Court and orders the aforementioned Prisoners to be released & return to their duty.

At the same Court Hate-evil Colston of Coll Nixons Regiment was tried for entering the house of Reuben Crosby an Inhabitant of Frederick’sburgh, by force of Arms in company with one more, and taking from thence about three hundred dollars in Continental Money, one Musquet, one pair of plated Shoebuckles and sundry other Articles, found guilty of the charge exhibited against him being a breach of Article 21st—Section 13th of the Articles of War and sentenced to receive one hundred lashes on his bare back well laid on.3

At the same Court by Adjournment Octr 16th 1778. Joseph Timberlake a Soldier of His Excellency’s guard was tried for knocking down Lieutt David Zeigler when he was in the way of his duty. The Court are of opinion that altho’ it appears that the Prisoner did not knock Lieutt Zeigler down—yet as it appears he struck him his Conduct was highly blameable and unjustifiable being a brea[c]h of Article 5th—section 18th of the Articles of War and sentenced to receive one hundred lashes on his bare back.4

The Commander in Chief approves the two last mentioned sentences and orders them to be put in Execution tomorrow morning 9 ôClock near the Village of Frederick’sburgh.

Likewise Serjeant Roach, Corporal Forbs, John Smith[,] Solomon Townsend, William Palmer, Lewis Flemister, Henry Perry and William Jones5 were tried for striking Corporal Wingler of Captain Van Heer’s Troop and calling him a Hessian Bougre, likewise for swearing and unsoldierly behaviour when taken up by Captain Van Heer.

The Court acquit Serjeant Roach, Corporal Forbs[,] William Palmer, Lewis Flemister, Henry Perry and William Jones of the charge against them; They are of opinion that John Smith did call Corporal Wingler a Hessian Bougre and that Townsend struck him, also that John Smith and Solomon Townsend were guilty of swearing and unsoldierly behaviour after being in Custody of Captn Van Heer, but are of opinion that Smith and Townsend should not receive any more punishment than they have already receiv’d by confinement.6

The Commander in Chief confirms the Opinion of the Court—The last mentioned Prisoners to be released from confinement and return to their duty.

At the same Court-Martial Lieutt Coll Smith vice, Coll Patten appointed President Jesse Goldsmith[,] Gibbs Lamb, and Thomas Glover soldiers of the 1st North-Carolina Regiment were tried for plundering the house of Daniel Burch of some Cash, sundry Articles of wearing Apparel and Household Furniture—Thomas Glover also charged with stealing sundry Articles from the Inhabitants whilst encamped at White Plains—Also with stealing a piece of Linen from an Inhabitant on the march from White-Plains to Danbury.

The Court are of opinion that Jesse Goldsmith[,] Gibbs Lamb and Thomas Glover are severally guilty of plundering the house of Daniel Burch of the Articles mentioned in the Crime being a breach of Article 21st—section 13th of the Articles of War; They are also of opinion that said Thomas Glover is guilty of stealing several Articles from the Inhabitants whilst encamped at White-Plains, and they are also of opinion that said Thomas Glover is guilty of stealing a piece of Linnen aforementioned being breaches of the aforesaid Articles of War. The Court do sentence Jesse Goldsmith and Gibbs Lamb to receive one hundred lashes each on his bare back well laid on, and they do unanimously sentence Thomas Glover to suffer Death—Likewise William York and John Eldridge soldiers of the first North-Carolina Regiment at the same Court were tried for being concerned with Thomas Glover in stealing several Articles when encamped at WhitePlains—Also John Ferguson for being concerned with said Glover in stealing the aforesaid Linen, found guilty & sentenced to receive one hundred lashes each on his bare back.7

At the same Court by Adjournment October 22nd—Moses Walton and John Herring soldiers and Elias Brown Fifer of His Excellency the Commander in Chief’s guard were tried for breaking into the house of Mr Prince Howland on or about the 3rd instant and robbing him of several silver spoons, several silver dollars, some Continental dollars and sundry kinds of wearing Apparel to a considerable amount; Also in company with John Herrick for plundering of Mr John Hoag on the fifth instant late at night of a number of silver Spoons a quantity of hard Money, four hundred and fifty pounds in Continental Bills and sundry kinds of wearing Apparel with several other Articles to a large Amount.

The Court are of opinion that John Herring, Moses Walton and Elias Brown are severally guilty of all the Charges exhibited against them being breaches of Article 21st section 13th of the Articles of War. They are also of opinion that John Herrick is guilty of plundering Mr John Hoag on the 5th instant late at night of sundry Articles being a breach of the Article aforesaid.

The Court (upwards of two thirds agreeing) do sentence John Herring to suffer Death.

The Court (two thirds agreeing) do sentence Moses Walton to suffer death.

The Court (upwards of two thirds agreeing[)] do sentence Elias Brown to suffer Death and John Herrick to receive one hundred lashes on his bare back well laid on.8

His Excellency the Commander in Chief approves these sentences—Shocked at the frequent horrible Villainies of this nature committed by the troops of late, He is determined to make Examples which will deter the boldest and most harden’d offenders—Men who are called out by their Country to defend the Rights and Property of their fellow Citizens who are abandoned enough to violate those Rights and plunder that Property deserve and shall receive no Mercy.

Thomas Glover will be hanged tomorrow morning at Guard mounting at the Camp in presence of all the troops on the Ground who will be assembled for the purpose near Frederick’sburgh. Herring will be sent to the Division under Baron De Kalb to suffer the same Punishment. Brown to the Division under Major Genl MacDougall and Walton to that under Major Genl Gates to be executed in like manner; Their Execution to take place as soon as they arrive.

The sentences of corporal punishment to be put in execution tomorrow morning near the Village at the time aforesaid.9

At a Division General Court-Martial held at Danbury October 8th 1778—by order of Major General Gates, Brigadier General Paterson President, a certain David Farnsworth and John Blair were tried for being found about the Encampment of the Armies of The United-States as Spies and having a large sum of counterfeit Money about them which they brought from New-York, found guilty of the charges exhibited against them and sentenced (two thirds of the Court agreeing) to suffer death.

The Commander in Chief approves the sentence and orders them to be executed as soon as they arrive at General Gates’s Division.10

Varick transcript, DLC:GW.

1These nine soldiers were among the one hundred men who had been transferred to the Commander in Chief’s Guard from various regiments at Valley Forge in March 1778 (see General Orders, 17, 18 Mar. 1778). Henry Desperate (Desperett, Despert) had enlisted in the 5th Pennsylvania Regiment in January 1776. Captured at Fort Washington, N.Y., on 16 Nov. 1776 and exchanged a short time later, he had reenlisted for the duration of the war in February 1777 in the 6th Pennsylvania Regiment, from which he had transferred to GW’s guard. Desperate deserted at Philadelphia in March 1782. Daniel Thompson (1754–1835) had transferred to GW’s guard from the 2d New York Regiment, in which he had enlisted for three years in April 1777. Thompson was discharged at Morristown, N.J., in April 1780. John Kidder (1752–1835), who had served in Col. John Fellows’s Massachusetts Regiment in 1775 and the 8th Continental Regiment in 1776, had enlisted for three years in July 1777 in the 13th Massachusetts Regiment, from which he had transferred to GW’s guard. Furloughed for fifteen days at West Point on 31 Aug. 1779, Kidder deserted the following month. John Cole had served in Col. Samuel Drake’s regiment of New York militia levies during 1776 and had enlisted for the war in May 1777 in Col. Oliver Spencer’s Additional Continental Regiment, from which he had transferred to GW’s guard. Cole was furloughed at Newburgh, N.Y., in June 1783, and he was discharged the following November. Asa Adams had transferred to GW’s guard from the 7th Connecticut Regiment, in which he had enlisted for three years in May 1777. Adams was discharged at Morristown, N.J., in May 1780. Samuel Wortman had transferred to GW’s guard from the 1st New Jersey Regiment, in which he had enlisted for one year in November 1775 and had reenlisted for the war in December 1776. Promoted to third corporal in July 1781 and second corporal in April 1782, Wortman was reduced to the ranks in November 1782, and in March 1783 he transferred to the New Jersey Regiment. Wortman was furloughed at New Windsor, N.Y., in June 1783, and he was discharged the following November. Jonathan Moore (More; 1754–1853), a tailor who had served in the 1st New York Regiment during the last half of 1775, had enlisted for one year in the 3d New Jersey Regiment in April 1776 and had reenlisted in that regiment for the war in January 1777. Moore served in GW’s guard from the time of his transfer to it in March 1778 until June 1783, when he was furloughed at Newburgh, New York. He was discharged in November 1783 and later moved to Ohio and then to Indiana. Davis Brown (b. 1756) had enlisted in March 1777 for three years in the 2d Rhode Island Regiment, from which he had transferred to GW’s guard. Promoted to second corporal in June 1780, fourth sergeant in July 1781, and third sergeant in February 1783, Brown was furloughed at Newburgh, N.Y., in June 1783, and he was discharged the following November. Edward Wiley had transferred to GW’s guard from the 2d New York Regiment, in which he had enlisted for the war in January 1777. Absent in June 1778 and sick in July 1778, Wiley was sick again at the Quaker Hill, N.Y., hospital from 6 Nov. 1778 to 1 Jan. 1779. He was furloughed at Newburgh, N.Y., in June 1783, and he was discharged the following November.

2Thomas Piper (1756–1787) of Gilmanton, N.H., had enlisted for three years in May 1777 in the 3d New Hampshire Regiment, from which he had transferred to GW’s guard at Valley Forge in March 1778. Furloughed for sixty days on 1 Nov. 1779, Piper deserted on 1 April 1780.

3This article said that any officer or soldier who was convicted of leaving “his post or colors to go in search of plunder” should “suffer death, or such other punishment as by a court-martial shall be inflicted” (JCC description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends , 5:799). Hate-evil (Hatevil) Colson (Colston) of the 6th Massachusetts Regiment applied for a military pension in Hancock County, Maine, in 1819, and he was living at Frankfort, Maine, without any family two years later when he was declared insane.

4This catchall article covered “All crimes not capital, and all disorders and neglects which officers and soldiers may be guilty of, to the prejudice of good order and military discipline” that were not mentioned in the other articles of war (JCC description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends , 5:807). Joseph Timberlake (1752–1841) of Louisa County, Va., who had enlisted for three years in the 7th Virginia Regiment in February 1776 and had transferred to GW’s guard in May 1777, reenlisted in the guard in January 1779. Promoted to sergeant and furloughed in June 1783, he was discharged the following November.

5The orderly book of Brig. Gen. Henry Knox’s artillery brigade for 23 July–31 Dec. 1778 includes the words “of his Excellency’s Guard” at this place in the general orders of this date (NHi).

6Five of these eight men—Roach, Smith, Palmer, Flemister, and Jones—had transferred to the Commander in Chief’s Guard from various regiments at Morristown, N.J., in May 1777, and the other three—Forbes, Townsend, and Perry—had transferred to it at Valley Forge in March 1778 (see General Orders, 6 May 1777, and 17, 18 Mar. 1778). William Roach had transferred to GW’s guard in May 1777 from the 3d Virginia Regiment, in which he had enlisted as a private for three years in March 1776. Roach had been promoted to second corporal in the guard on 1 April 1778, first corporal on 2 Aug. 1778, and sixth sergeant on 1 Sept. 1778, and he continued to be promoted over the next several months until he became first sergeant in March 1780. Roach remained on the rolls of the guard until at least January 1781. Joshua Forbes had enlisted for three years in the 7th North Carolina Regiment in December 1776, and he had moved the following spring to the 1st North Carolina Regiment, from which he transferred to GW’s guard in March 1778. Forbes had been promoted to fourth corporal in the guard on 1 Sept. 1778. He was discharged at Morristown, N.J., in December 1779. John Smith had transferred to GW’s guard in May 1777 from the Virginia line, in which he had enlisted for three years in August 1776. Although Smith reenlisted in January 1779, his failure to return from his one-hundred-day reenlistment leave the following April made him a deserter. Solomon Townsend, who had enlisted for the duration of the war in the 10th Pennsylvania Regiment in March 1777 and had transferred to GW’s guard in March 1778, was sick at the Quaker Hill, N.Y., hospital from 26 Nov. 1778 to 1 Jan. 1779 and at the Fishkill hospital from 1 Jan. to 31 Mar. 1779. He remained on the rolls of the guard until at least April 1781. William Palmer had enlisted for three years in January 1777 in the 15th Virginia Regiment, from which he transferred to GW’s guard in May 1777. He was discharged at Morristown, N.J., in January 1780. Lewis Flemister had transferred to GW’s guard in May 1777 from the 7th Virginia Regiment, in which he had enlisted for three years in February 1777. Promoted to sergeant and furloughed in June 1783, Flemister was discharged the following November. He subsequently moved from Virginia to Georgia. Henry Perry (1755–1816), who had enlisted for three years in the 7th Virginia Regiment in January 1777 and had transferred to GW’s guard in March 1778, was discharged at Morristown, N.J., in January 1780. William Jones had transferred to GW’s guard in May 1777 from the Virginia line, in which he had enlisted for three years in August 1776. Jones reenlisted in January 1779. He was in a hospital in January 1782, and he was discharged at Philadelphia the following March.

7These six soldiers had enlisted for the duration of the war in August 1777 in Capt. Tilghman Dixon’s company in the 1st North Carolina Regiment, and at this time Capt. James Read was their company commander. Jesse Goldsmith served as both a fifer and a private, and in 1790 his heirs received a military warrant for 640 acres of land, based on his seven years of service. Gibbs Lamb was promoted to corporal in April 1782, and he later qualified for a military pension. William York (c.1758–1830) later received a military warrant for 533 acres, based on five years of service. He eventually moved to Georgia. John Eldridge apparently was John Ethridge (Etheridge, Etherige), who had enlisted for the war in Capt. Tilghman Dixon’s company in 1777 and who later received a military warrant for 640 acres, based on seven years of service. For Sgt. Thomas Glover’s execution on 24 Oct., see note 9.

8Elijah Fisher, who served as a private in GW’s guard, writes in his diary entry for 6 Oct. that on returning from leave and rejoining the guard, he found “an alteration in the Dress of my mates I asked one of them J[ohn] Herrick it seams as though there had been a alteration since I have been gon. He said that he had that Money sent to him that he sent for (Now I know that he had sent for som Money from his father) I said that I was glad off it for I hoped that we should not be so putout for money to bye things with now and that you will be able to pay me that trifill you owe me (Sixteen Dollars) he said he hoped he should. Presently in comes one or two more I said have you had money sent you from home too I fear that you have taken some other way to git it than that; then Herrick said that as J[ohn] Herrin [Hurring] was out after things for the General’s famely (now Herrin was one that was sent after to bye things for the General’s Famely and he had a horse and a pass to go where he Could git such things as was wanted for the General’s Famely) he Come to an old Tory’s house and they would not Let him have any thing and he see several things that he wanted so when he Come home he gos to his messmates and tales them and they gos and robed him of several things. I said that Whether he be a tory or not If it should be found out (which such things as Robery seldim is) some or all of you will be hung which surprised them Vary much but there was no more heard about it” (Godfrey, Commander-in-Chief’s Guard description begins Carlos E. Godfrey. The Commander-in-Chief’s Guard: Revolutionary War. Washington, D.C., 1904. description ends , 282–83).

In his diary entry for 18 Oct., however, Fisher says that the victim, Prince Howland, complained about the incident and identified the men who had robbed him as wearing round hats “with a peace of Bare skin” on them, the kind of hats that were worn only by GW’s guards. An investigation was immediately launched by the officers of the guard. John Herrick, Moses Walton, and Elias Brown were arrested on 18 Oct., and John Hurring, who had been absent from camp, was arrested on his return the next day (Godfrey, Commander-in-Chief’s Guard description begins Carlos E. Godfrey. The Commander-in-Chief’s Guard: Revolutionary War. Washington, D.C., 1904. description ends , 284–85).

On examination, Herrick said that on the night of the robbery he had been “loth to go[.] after they had set out and gon a little way he would fane have had them gon back but they told him that if he did not go that they would Despach him for they would not have him Enform against them so he was obliged to go so he turned States Evedence aga[i]nst the others so after Examination was found gilty and what things that Could be found that they had not Desposed of was Restored to them again that they belonged too and where they had Payd any Dets they was obliged to Restore it to them again and they to the ones they got it from, then the Same Day they was all sent to the purvey guard.” Their trial occurred on 22 Oct. (Godfrey, Commander-in-Chief’s Guard description begins Carlos E. Godfrey. The Commander-in-Chief’s Guard: Revolutionary War. Washington, D.C., 1904. description ends , 285–86).

John Hurring (Herring) of Nantucket, Mass., had enlisted for one year in the 6th Continental Regiment in January 1776, and a year later he had reenlisted for the duration of the war in the 1st Massachusetts Regiment, from which he had transferred to GW’s guard in March 1778. Moses Walton of Westfield, Mass., had enlisted for the war in January 1777 in the 4th Massachusetts Regiment, from which he had transferred to GW’s guard in March 1778. Elias Brown (1758–1843), a farmer from Windsor, Conn., who had enlisted for the war as a fifer in the 5th Connecticut Regiment in April 1777, had transferred to GW’s guard at White Plains, N.Y., on 1 Aug. 1778. Walton and Brown escaped before they could be executed (see note 9), and Brown, after working for several months “as a mechanick in the service of the United States, remote from the army & unknown,” was pardoned by GW in the spring of 1779 at the request of his father, Ephraim Brown of Windsor, Conn. (see Ephraim Brown to GW, 15 May 1779, DLC:GW). Rejoining the 6th Connecticut Regiment, Elias Brown was promoted to fife major in September 1781. He was furloughed at New Windsor, N.Y., in June 1783, and he was discharged the following November. John Herrick of Brookfield, Mass., had enlisted for the war in January 1777 in the 4th Massachusetts Regiment, and he had transferred to GW’s guard in March 1778. Herrick was listed as sick in a hospital on 31 Oct. 1778, and he was a patient at the Quaker Hill, N.Y., hospital from 26 Nov. 1778 to 1 Jan. 1779 and at the Fishkill hospital from 1 Jan. to 31 Mar. 1779. Promoted to fourth corporal in April 1782, third corporal in October 1782, and second corporal in March 1783, Herrick was furloughed at Newburgh, N.Y., in June 1783, and he was discharged the following November.

9Elijah Fisher says in his diary entry for 22 Oct. that “Walton made his escape from the purvey gard and Herrin was hung at Fishkills and Brown made his escape from the gard that was sent to gard him to the Place of Execusion to New Millford to the part of the army that lay there. Herrick was Carried to Fredrixburg and had a hundred Lashes” (Godfrey, Commander-in-Chief’s Guard description begins Carlos E. Godfrey. The Commander-in-Chief’s Guard: Revolutionary War. Washington, D.C., 1904. description ends , 286; for Elias Brown’s escape, see also Alexander McDougall to GW, 3 Nov.).

In his diary entry for 24 Oct., Fisher says: “The Gard Marcht down to Fredrixburg to see a man hung for Robing he was Executed at Eleven in the fournoon Thomas Glover by Name and there was five Whipt one hundred Lashes apeace all save one for Robing two of them belonged to the Gard Viz. John Harrick and Joseph Timberlek was for striking an offiser” (Godfrey, Commander-in-Chief’s Guard description begins Carlos E. Godfrey. The Commander-in-Chief’s Guard: Revolutionary War. Washington, D.C., 1904. description ends , 286).

10For the trials of David Farnsworth and John Blair, see Horatio Gates to GW, 9 Oct., and note 1 to that document, and GW to Gates, 10 Oct.; see also GW to Alexander McWhorter, 12 October. They were executed at Hartford on 3 November.

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