General Orders, 3 January 1780
General Orders
Head-Quarters Morristown monday Jany 3rd 1780.
Parole Lapland— C. Signs Muscovy. Norway.
All soldiers before they are discharged from the service are to receive their full pay; Should the regimental Pay-Masters not have Money in their hands to answer the purpose they are to apply to the Deputy Pay-Master General, who will advance them the necessary sums on an estimate for one month.
At a Division Court-Martial held by order of Major General St Clair in camp West-Point Octr 28th 1779—whereof Lieutt Col. Francis Mentges was President, William Barrett a soldier in the 3rd Pennsylvania regiment charged with “Deserting with his Arms and Accoutrements and loading his Arms,” was tried, found guilty of a breach of article 1st section 6th of the Articles of War & sentenced to suffer death, more than two thirds of the Court agreeing.1
The Commander in Chief approves the sentence.
At the same Court, Charles McClain, soldier of the 3rd Pennsylvania regiment was tried for “Desertion” and found guilty of a breach of the aforesaid article and section of the Articles of War and sentenced to receive one hundred lashes on his bare back, well laid on.
The Commander in Chief approves the sentence.
Dominic Hand of the 3rd Pennsylvania regiment was also tried for “Desertion” and acquitted—The General approves the sentence.
At a Brigade Court Martial held in Camp near Morristown by order of Coll Cortlandt, Commandant of the New-York Brigade Decr 13th 1779—Lieutt Coll Weissenfels President, Edmund Burke soldier in the 3rd New-York regiment being charged with “attacking Andrew Gardner the Fife Major of said regiment in his tent at night with an unlawful weapon, for disobeying Ensign Bagley when in the line of his duty and for attempting his life by knocking him down senseless with the above mentioned weapon” was tried and found guilty of a breach of the 5th article of the 2nd section of the Articles of War & sentenced to be shot to death.2
The Commander in Chief approves the sentence.
At a Division Court Martial held in camp Morristown by order of Brigadier General Stark Commandant, December 28th 1779—Lieutenant Colonel Huntington Presidt.
Thomas Herrindeen a soldier of Col. Angell’s regiment was tried for, “desertion” and found guilty of a breach of the 1st article of the 6th section of the Articles of War & sentenced to receive one hundred stripes on his naked back.
Christian Myers and Philip Wild soldiers in Coll Henry Jackson’s regiment were also tried for “Desertion”—and severally found guilty of a breach of the 1st article of the 6th section of the Articles of War and sentenced to receive one hundred lashes each.3
The Commander in Chief approves the aforegoing sentences.
John Lewis a soldier in Colonel H. Jackson’s regiment (appealing from the judgment of a regimental Court Martial) was tried by the same Court for “Stealing & being drunk on duty,” found guilty of a breach of the 5th article of the 13th section of the articles of War and sentenced to receive one hundred lashes on his bare back.4
John McLean and William Harper soldiers in the 4th New-York regiment were tried for, “Desertion and being absent above twelve months.” and found guilty of a breach of the 1st article of the 6th section of the articles of War and sentenced, that McLean receive one hundred lashes on his naked back to be inflicted at four several times and that Harper run the Gauntlope thro’ the brigade to which he belongs.5
William Potter soldier in Colonel Angell’s regiment was also tried for, “Desertion and reinlisting,” found guilty of a breach of the 3rd Article of the 6th section of the Articles of War and sentenced to receive one hundred lashes on his naked back, to be inflicted at four different times.6
Joseph Waterhouse, soldier of Colonel H. Jackson’s regiment also tried by the same Court for, “Desertion” and found guilty of a breach of the 1st article of the 6th section of the Articles of War and sentenced unanimously to suffer death.
Amos Rounds a soldier of the same regiment also tried for, “Desertion” was found guilty of a breach of the 1st article of the 6th section of the Articles of War & sentenced to suffer death.
Jesse Peirce a soldier of the same regiment also tried for “Desertion” was found guilty of a breach of the same article of the same section of the Articles of War and sentenced to run the Gauntlope thro’ the brigade to which he belongs and be confined in the Dungeon for the space of one month on bread and water.7
Nathan Barney soldier of the same regiment also tried for “Desertion” was found guilty of a breach of the same section and article and sentenced to run the Gauntlope thro’ the brigade to which he belongs and be confined in the Dungeon for the space of one month on bread and water.
John Matthew a soldier of the same regiment also tried by the same Court, for the same crime, found guilty of a breach of the same article and section and sentenced to receive the same punishment.
William Straw a soldier of the same regiment also tried for “Desertion”—was found guilty of a breach of the 1st article of the 6th section of the Articles of War & sentenced unanimously to suffer death.
Corporal James Whitney of the same regiment also tried for “desertion” was found guilty of a breach of the same article and section and sentenced to do the duty of a private Centinel and to receive one hundred lashes on his bare back.
William Harman a Fifer of the same regiment also tried for “Desertion,” was found guilty of a breach of the same section and article and sentenced to receive one hundred lashes on his bare back.
Pelatiah Harman a soldier of the same regiment also tried for “Desertion” and found guilty of a breach of the same article and section and sentenced to receive one hundred lashes on his bare back.
Nathaniel Miliken soldier of the same regiment also tried for “Desertion” was found guilty of a breach of the same article and section and sentenced to receive one hundred lashes on his bare back.
Joel Miliken a soldier of the same regiment also tried for the same crime, was found guilty of a breach of the same article and section and sentenced to receive the same punishment.8
The Commander in Chief approves each and every of the aforegoing sentences.
Varick transcript, DLC:GW.
Adj. Gen. Alexander Scammell’s orderly book entry for this date includes the following additional general orders: “The Detachment under Command of Lt Coll Willett is not to March ’till further orders” (orderly book, 17 Oct. 1779–22 March 1780, DNA: RG 93, Orderly Books, 1775–1783, vol. 33).
1. The first article of the sixth section of the articles of war reads: “All officers and soldiers, who having received pay, or having been duly inlisted in the service of the United States, shall be convicted of having deserted the same, shall suffer death, or such other punishment as by a court-martial shall be inflicted” ( 5:792).
GW pardoned Barrett (Barret, Barratt) on 10 Feb. (see the general orders of that date).
2. The fifth article of the second section of the articles of war reads: “Any officer or soldier who shall strike his superior officer, or draw, or shall lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon him by the sentence of a court-martial” ( 5:790).
Josiah Bagley joined the 3d New York Regiment in November 1776 as an ensign and became a lieutenant in January 1780. In January 1783, he transferred to the 1st New York Regiment and served to the close of the war.
GW pardoned Burke on 20 Feb. (see the general orders of that date).
3. GW pardoned Myers and Wild (Wilds) on 10 Feb. (see the general orders of that date; see also Henry Jackson to GW, 9 Feb.).
4. The fifth article of the thirteenth section of the articles of war reads: “Whatever commissioned officer shall be found drunk on his guard, party, or other duty under arms, shall be cashiered for it; any non-commissioned officer or soldier so offending, shall suffer such corporal punishment as shall be inflicted by the sentence of a court-martial” ( 5:797).
5. Apparently John McLean (McClain) had just joined the regiment. He deserted again in March and was removed from the regimental rolls.
Running the gantlope, or gauntlet, consisted in being stripped to the waist and forced at bayonet point to pass between two lines of the whole regiment while receiving a blow from every man’s cane, whip, or knotted cord. This punishment, common in many European armies, had not been imposed by a court-martial in general orders since 1777 (see General Orders, 3 Sept. 1777 and 31 Oct. 1777, n.2).
6. The third article of the sixth section of the articles of war reads: “No non-commissioned officer or soldier shall inlist himself in any other regiment, troop or company, without a regular discharge from the regiment, troop or company, in which he last served, on the penalty of being reputed a deserter, and suffering accordingly: And in case any officer shall, knowingly, receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the corps in which he last served, he, the said officer so offending, shall, by a court-martial, be cashiered” ( 5:793).
For the execution of the sentences against Charles McClean (McClane), Thomas Herrindeen, William Potter, John Lewis, John McLean, and William Harper, see General Orders, 11 February.
7. Confinement to the “Dungeon” refers to the army provost’s jail. No court-martial reported in general orders had imposed sentences of confinement to the provost’s “Dungeon” or to a ration of bread and water since 1776 (see the general orders of 29 May and 9 June of that year).
8. Peirce and Nathaniel Barney (c.1756–1812), both of Swansea, Mass., had deserted multiple times (see Jackson to GW, 9 Feb.). GW subsequently pardoned Matthew (Matthews, Mathews; born c.1753), Whitney (1755–1800), Pelatiah (Peletiah) Harman (Harmon; 1756–1841), William Harman (Harmon; c.1763–1848), Joel Milliken (Millikin; 1762–1839), Nathaniel Miliken (Milliken, Millikin; b. 1754), Rounds, Straw (born c.1755), and Waterhouse (see General Orders, 10 Feb.; see also Joseph Waterhouse, Sr., to GW, 27 Jan., and Jackson to GW, 9 Feb.).
Straw was from Sanford; Matthew, Pelatiah Harman, William Harman, and Joel Milliken were from Scarborough; and Whitney was from Gorham. All these towns were in the southwestern part of the District of Maine (York and Cumberland Counties, Mass.). Straw had enlisted in Jackson’s regiment in September 1777. He deserted the following November and was retaken in May 1779. Whitney had enlisted (as a substitute) in Jackson’s regiment for three years in March 1777 and been promoted to corporal in August 1778. Matthew had enlisted in Jackson’s regiment for three years in January 1779.
Both Harmans had enlisted in June 1777. Pelatiah had been promoted to corporal in September 1778 but was reduced to private in July 1779, probably following his desertion.
Joseph Waterhouse, Jr. (1754–1837) of Scarborough had enlisted in Jackson’s Additional Continental Regiment in July 1777 and by October 1778 had become a sergeant. He deserted in June 1779, returned or was retaken in August, and was reduced to the rank of private the same month. He left the army in September 1780.
Amos Rounds, of Swansea, enlisted in Jackson’s regiment for a term of three years in August 1777 and had become a sergeant before deserting in August 1778. After returning or being retaken in June 1779, Rounds was reduced to the rank of private and had nine months added to his term of enlistment.