To George Washington from John Morgan, 27 December 1779
From John Morgan
Philadelphia Decr 27. 1779
Sir
Your Excellencys Letter of the 17th Instant, inclosing the Judge Advocates of the 15th1 came to my hand but just before the post sat out again for Morris-Town, which put it out of my power to answer it till now.
Mr Laurance formed a right Judgment on the Contents of my former letters, they being only intended to shew that the Complaints against Dr Shippen were weighty in order to induce Congress to direct that he should be suspended from Office till the Event of his Trial could be known.2 My View therein was to put it out of his power to execute a Project which I found him engaged in, to try, if possible, to deprive me of the Means of appearing against him, by overawing & influencing Witnesses. But more particularly I hoped by his Suspension to take from him all excuse of not having time enough for his trial, whenever a Court Martial should be appointed, and for settling his books and Accompts; And Concluded that he could, in that Case, be the more easily induced to attend to the examination and taking the Depositions of the Evidences that might be necessary to prove or disprove my Charges against him—Those Charges are contained in the inclosed Paper (No. 1.).3
As they are chiefly founded on his transactions within the State of Pennsylvania, and as there is no law of this state to compell Witnesses to attend Courts-Martial in other states, I therefore on my return from the visit I made to Camp, applied to Congress in October last to pass such resolves, or to devise such Means, as in its wisdom should seem meet, to render good and reasonable evidence on facts firm & effectual, that I might be prepared for the Trial, whenever it should be appointed, and that if any delay of the Trial should take place, it might not be ascribed to any fault in me. In consequence of that Application, Congress did, on the 16th of November pass the following Vote, vizt.
“Resolved, that it be recommended to the executive Authority of the different States, upon Application of the Judge Advocate for that purpose, to grant proper writs to require and compell the person or persons whose Attendance shall be required by the said Judge to appear and give testimony in any Cause depending before a Court-Martial, and that it be recommended to the Legislatures of the several States to vest the necessary powers for the purposes aforesaid, in the executive Authorities, if the same be not already done.”4
The State of New Jerseys accordingly passed a Law for that purpose, a Copy of which I inclose for your Excellencys Satisfaction.5 But the Assembly of Pennsylvania, being then near the Close of its Session had not time to go through that bussiness, but adjourned to the 19th day of January next; proposing next Session to frame a law agreeable to the desire of Congress, expressed in the aforesaid Resolve; but that will be too late, in all probability, to be of any service in the trial of Doctr Shippen: Wherefore, on receipt of your Excellencys Letter, calling for a state of my charges against Dr Shippen, I again represented to Congress the necessity of establishing the mode of examining, and giving validity to the testimony of witnesses, so as to pass in evidence before Courts-Martial. Whereupon Congress, on the 24th Inst., by a unanimous Vote of the united states, came to the following Resolutions, vizt.
In Congress Decr 24. 1779
“Resolved, That in trials of Cases not capital before Courts-Martial, the Deposition of Witnesses not in the line or Staff of the Army, may be taken before some Justice of the Peace and read in Evidence; provided the Prosecutor & Person accused, are present at the taking the same, or that Notice be given of the times and places of taking such Depositions to the opposite party four days previous thereto, when the Witness resides within the distance of 30 Miles from such party, and six days when the Witness resides above the distance of thirty, and not exceeding eighty Miles, and a reasonable Time for a greater Distance.”
“Resolved That to encourage Witnesses who do not belong to the Army to attend on Courts-Martial, and give their Evidence viva voce, when required by the Judge Advocate, the reasonable Expences of such witnesses shall be defrayed by the united states, and paid by the Pay-Master to the Board of War & Ordnance, being first adjusted by the said Board.”6
In Consequence of the above, I have given Notice to Dr Shippen to attend on Saturday next, the taking of Depositions at and near the Yellow Springs;7 on Monday following at Lancaster; on tuesday at Ephrata, and Adams Town;8 On Monday following at Nazareth; on Tuesday at Bethlehem, on Wednesday and Thursday at Bucks County. By Wednesday the 18th of January,9 or thereabout I shall be prepared to set out for Camp; but I mean to go by the Way of Reading and Bethlehem, in order to bring on with me the necessary Viva voce Evidences, whom I beg leave therefore to name to your Excellence, that orders may be given to the Judge Advocate to summons them to appear on the day to be fixt for the Trial, of which I hope to recieve Notice on return from my first Tour already mentioned.
The Names of those persons are Mr Michael Bright, Capt. John Mears, Mr John Fry of the town of Reading10 Baltzar Geer Esqr. of Berks County. This last named person was lately, and I know not but he still continues to act as a Deputy, in the Quarter Masters Department, under Col. Jacob Morgan of Reading;11 Nicholas Rimmel of Northampton County,12 and Wm Bennet of Buckingham Township, Bucks County,13 Tavern-keeper; Joseph Tatum of Wood-berry in the Jerseys, (to whom the Jersey law will extend,) being 9 Miles from Philadelphia;14 Likewise Dr Benjamin Rush, Dr James Hutchinson, and Mr Peter Ozeas of Philadelphia.15
All these are so necessary for the proving of fraud & misconduct that I cannot dispense with their personal Attendance if it is any ways possible to induce them to appear at the Trial. Most of them have, on my Application to them for that purpose declared that if they recieve a Summons from the Judge Advocate, they shall think it their Duty, and be willing to attend and give Evidence of what they know; but otherwise most of them would decline going, least they should be looked upon as Officious, or be objected to as forward Evidences, to the Idea of which they have an utter Aversion. If the Judge Advocate will be pleased to make out the necessary Citations, and inclose under Cover to me, so that I may recieve them by the time of my expected Return to Philadelphia on the 14th or 15th day of January, I will charge myself with their safe Conveyance to the respective Gentlemen.
To the above List of Evidences, whose personal appearance at the Trial I consider as essentially requisite, I add the following Names of the Gentlemen belonging to the Line and Staff of the Army, whose Attendance I take the Liberty to point out as also necessary, to convict Dr Shippen of Ignorance, or criminal Neglect of Duty; from which the Sick suffered amazingly, and dyed in great Numbers in Consequence thereof. vizt Majr Burnet, of General Green’s family, Dr Brown Physician General of the Hospital, Dr Tilton, Dr Binney,16 Dr Wm Smith of Long Island,17 Gilbert Tennent,18 John Rogers19 and Robert Henry, Surgeons and Mates of the General Hospital; Jacob Hall, regimental Surgeon, now at Philada, I believe he belongs to Col. Scammel’s New Hampshire Battalion,20 and James Finley Surgeon of Col: Biggelow’s; and Mr John De la Mater, Clerk and Pay-Master of the General Hospital, in the Eastern Department.21 These Gentlemen being in the Service, Your Excellencys Order, or the Judge Advocates summons to attend the Trial will be necessary and affectual.
Here I cannot refrain from expressing my particular wish that Dr Shippen might be informed officially by the Judge Advocate that I call for all his Books, as Vouchers at the Trial to support or invalidate my third Charge. If his Books are not produced when I prove his selling hospital Stores, he may alledge he has given Credit for them, or may call them his own; or declare they are not posted. Should this Plea be allowed after an Order of Congress has passed near two Years ago, on taking the Purveyorship out of Dr Shippens hands for the settlement of his Accompts,22 and his being repeatedly called upon by the Commissioners of Accompts for that purpose, he will have it in his power to cover part of one Crime by the Commission of another, and may make or give directions to make Post-Entries to elude the full detection of his Malpractices under this Charge.
I take it for granted the Charges against Dr Shippen as stated in the inclosed Paper (No. 2) are sufficiently specific to answer the Intentions mentioned in your Excellencys Letter, being as I am well advised, as particular as is usual in like Cases.23 If I enter into a further specification of particulars, I must state the Substance of all the Evidences under each Charge, which would be immoderately lengthy, &, I imagine, unnecessarily minute. I only add that I expect to have my Materials so well arranged for the Trial, under each respective charge, as to save the Judge Advocate a great deal of Trouble in that part of the Bussiness; and by taking depositions before the Trial, I hope to shorten the Session of the Court Martial, & save Considerable Expences to the united States.
In expectation of your further Commands, I remain, with all Deference—Your Excellency’s Most Obedt Servant
John Morgan
ALS, NHi: McDougall Papers; ADfS, DNLM.
1. John Laurance’s letter to GW of 15 Dec. has not been found.
2. For an overview of Morgan’s allegations against William Shippen, Jr., and the latter’s eventual court-martial, which resulted in his acquittal, see Samuel Huntington to GW, 27 Nov., and n.1 to that document.
3. The enclosed paper with Morgan’s charges against Shippen has not been identified, but Morgan wrote Samuel Huntington, president of Congress, from Philadelphia on 30 Dec. in a letter that in part reads: “I beg leave to represent to Congress that in consequence of a Letter from his Excellency Genl Washington for that purpose I have forwarded my Charges against Dr Wm Shippen jun., in support of which I shall have occasion for Authentic Copies from the Secretarys Office of the following Letters and Returns of Dr Shippen to the Presidt of Congress, Chair Men of the Medical Committee & Board of War to be produced at his Trial as Proofs of his Misleading Congress by Misrepresentations of the State of the Sick & of the Hospital. I flatter myself I shall recieve orders of Congress for Copies of the same” (DNA:PCC, item 63). Congress read Morgan’s letter on 1 Jan. 1780 and ordered that his “request be complied with and that those of the papers which are in the possession of the Medical Committee be lodged in the Secretary’s office for that purpose” ( 16:1–2).
4. See 15:1277–78; see also Huntington to GW, 19 Nov., n.2.
5. The enclosed copy of the New Jersey law has not been identified, but see “An ACT to vest the Justices of the Supreme Court with Power to grant Process to compel the Attendance of Witnesses at Courts-Martial,” adopted on 8 Dec. ( 21).
6. See 15:1409–10; see also Morgan to Huntington, 28 March 1780, in DNA:PCC, item 63. Morgan had written Huntington from Philadelphia on 20 Dec. 1779 appealing for congressional action to allow him to gather at various places in Pennsylvania depositions admissable in court-martial proceedings (see DNA:PCC, item 63; see also 10:303, and GW to Henry Laurens, 21 March 1778). Congress read Morgan’s letter on 22 Dec. and referred it to a three-member committee ( 15:1400).
7. Morgan intended to take depositions around Yellow Springs, Pa., on Saturday, 1 Jan. 1780. For the itinerary that Morgan sent Shippen from Philadelphia on 24 Dec. 1779, see , 29 (1905): 375–76.
8. Adamstown, Pa., founded in 1761 by William Addams as Addamsburry, sits primarily on the northeastern edge of Lancaster County with a small portion in Berks County. Adamstown is about eight miles northeast of Ephrata.
9. Morgan miswrote the date for that Wednesday, which was 19 January.
10. Michael Bright (Brecht; 1732–1814), trained as a saddler, owned taxable property in Reading, Pa., as early as 1759, and began successful operation of an inn in 1762. Bright supported the Patriot cause from the start of the Revolution. For Bright’s deposition in Shippen’s court-martial, see The Pennsylvania Packet or the General Advertiser (Philadelphia), 19 Sept. 1780; see also 215–16.
John Mears (1738–1819) served as an ensign with the Pennsylvania troops during the French and Indian War. He joined the 4th Pennsylvania Regiment in January 1777 as a captain and resigned in May 1778. Mears, described as “a famous Quaker preacher and physician,” subsequently became “the virtual founder” and “patriarch” of Catawissa Township, Columbia County, Pa., where he died ( 103–4). Mears later testified at Shippen’s court-martial about “neglect and inhumanity towards the sick and wounded then at Reading; and that no wine was to be got for many of the sick and wounded who stood in need of it, tho’ upon enquiry, he learned that Doctor Shippen sold wine, from the Hospital cellars to Tavern Keepers and such as applied for necessaries for the suffering sick were deemed Busy Bodies” (Pennsylvania Packet or the General Advertiser [Philadelphia], 21 Oct. 1780).
“John Fry” may have been John Frey (Fry; 1732–1819), who lived in Bucks County, Pa., until the later 1770s or early 1780s, when he moved to Westmoreland County, Pa., and with his second wife raised another family. In his deposition presented at Shippen’s court-martial, Frey, who served as assistant barrack master at Reading, stated: “That the sick and wounded, as well in private houses as in the large hospitals, were often miserably neglected: that it was a custom, however, that when men, who were sick in private houses, seemed to be on the recovery, and in a fair way of doing well; they were ordered to the large hospitals, to lessen the trouble of looking after them, where, he was sorry to observe, that many, thereupon, grew worse and died … that he has seen the dead soldiers laid in the church yard, indecently exposed, for many days together, so that passengers would cry out, Oh shameful! nor are these, added he, the only instances of shocking neglect of the sick belonging to the general hospital at Reading; under the direction of doctor William Shippen, or of surprizing disregard to that decency which all christians generally observe in respect to the dead” (Pennsylvania Packet or the General Advertiser [Philadelphia], 28 Oct. 1780).
11. Balser (Baltzar) Geehr (1740–1801) worked as a gunsmith in Berks County, purchased nearly 500 acres, supported the Patriot cause from the start of the Revolution, and served as a lieutenant colonel in the Pennsylvania militia. He held numerous public offices during his life, including county judge and state legislator. For further details, see 227–30.
Jacob Morgan (1716–1792), a French and Indian War veteran, was an early settler of Reading who represented Berks County in the 1776 provincial convention to form a new state government. Morgan subsequently served as a colonel in the Pennsylvania militia and as a member of the Pennsylvania Supreme Executive Council. He also played an important role in the creation of Morgantown, Va., now West Virginia. For further details, see 247–50.
12. Nicholas Reimel (Rimmel), who apparently came to Pennsylvania from overseas in 1751, lived “4 miles from Bethlehem, on the Road to Springford” (, 29 [1905]: 376). Reimel deposed that he “was pressed by force” to conduct one of Shippen’s allegedly improper transactions (Pennsylvania Packet or the General Advertiser [Philadelphia], 9 Sept. 1780).
13. William Bennet (Bennett) operated a tavern “in Bucks County, on the Old York Road 28 miles from Philada” (, 29 [1905]: 376). For Bennet’s deposition on his purchases of Madeira wine and brown sugar from Shippen, see The Pennsylvania Packet or the General Advertiser (Philadelphia), 9 Sept. 1780.
14. Joseph Tatum (d. 1793) apparently had kept a tavern at Woodbury in Deptford Township, Gloucester County, N.J., since 1767. The Tatum (Tatem) family had a significant presence in that vicinity during the eighteenth and nineteenth centuries.
15. Peter Ozeas (Ozias; 1738–1824) came to Philadelphia from Germany in 1753, later worked as a grocer, and purchased several properties. He received a warrant from Congress for $25,000 “for the use of the barrack master general” on 13 March 1778 ( 10:247). After the war, Ozeas supported ratification of the Constitution and served many years as a customs inspector. For his deposition presented at Shippen’s court-martial, see The Pennsylvania Packet or the General Advertiser (Philadelphia), 28 Oct. 1780. At his courtmartial, Shippen dismissed Ozeas and other deponents as witnesses “[w]ho deserve no credit” (Pennsylvania Packet or the General Advertiser [Philadelphia], 6 Dec. 1780).
16. Barnabas Binney (1751–1787) graduated from Brown University in 1774, studied medicine in London and Philadelphia, and served as a hospital surgeon in the Continental army from 1776 until the end of the war. For Binney’s role in uncovering the identity of Deborah Sampson, who entered the army disguised as a male, see 146–52.
17. William Pitt Smith (1760–1796) served as a surgeon’s mate in the hospital department and after the war was a member of the medical faculty at Columbia. He also published on political and Universalist subjects. For an obituary, see The Argus, or Greenleaf’s New Daily Advertiser (New York), 15 Feb. 1796. In his deposition presented at Shippen’s court-martial, Smith stated that “four or five” died “successively, on the same straw, in the same bunk, and of the same fever; some of whom were admitted for other slight disorders, that did not appear dangerous in themselves, till, after lying some time on that straw, they were seized with the usual symptoms of a malignant hospital fever, the straw not being changed for a whole month, or longer: that, of eleven junior surgeons and mates, who attended the sick at Bethlehem, ten were seized with the disease, most of them dangerously ill, of whom one died” (Pennsylvania Packet or the General Advertiser [Philadelphia], 28 Oct. 1780).
18. Gilbert Tennent, Jr. (d. 1780) studied at Princeton, where his father, an influential clergyman, was an original trustee. He left college without a degree in 1775 to study medicine in Philadelphia with Benjamin Rush and joined the Continental army in April 1777 as a surgeon’s mate. Tennent served in the army until December 1779 and perished in a ship lost at sea.
19. John Richardson Bayard Rodgers (1757–1833), son of a prominent Presbyterian minister, graduated from Princeton in 1775 and then apprenticed to study medicine with Rush. Rodgers became surgeon for the 1st Pennsylvania Regiment in October 1779, later transferred to the 3d Pennsylvania Regiment, and remained in the army until June 1783. He subsequently received medical degrees from the University of Pennsylvania and Edinburgh and practiced medicine in New York City.
20. Jacob Hall, Jr. (1747–1812), who graduated from the University of Pennsylvania in 1770 and subsequently studied medicine at Edinburgh, joined the 14th Massachusetts Regiment as a surgeon’s mate in June 1778 and then became a surgeon in Col. Alexander Scammell’s 3d New Hampshire Regiment that fall. Hall resigned from the army in April 1780 and moved to Maryland in 1782 (see J. Hall Pleasants, “Jacob Hall, Surgeon and Educator, 1747–1812,” Maryland Historical Magazine 8 (1913): 217–35).
21. John (Johannes) Delamater (De La Mater; 1720–1793) continued as a medical department employee at least through 1781.
22. Morgan is referring to a resolution that Congress adopted on 6 Feb. 1778 (see 10:128–31).
23. The enclosure marked “No. 2” has not been identified, but when GW replied to Morgan from Morristown on 5 Jan. 1780, he wrote: “You[r] letter of the 27th of Decr last with its inclosures has been received. Doctor Shippen is ordered by this conveyance in arrest, on the charges you have exhibited” (DLC:GW; draft manuscript mistakenly dated 1779).