Major General William Heath to George Washington, 20 April 1781
From Major General William Heath
West point, April 20. 1781.
Dear General,
This being the day appointed by your Excellency’s orders for the execution of Robert Maples, alias John Walker, and Nathan Gale, directions were given for the necessary preparations to be made—and the troops have been paraded.1 Mr Hutton the Provost-marshal, who had received your Excellency’s warrants for the execution of the culprits, has attended—but has refused to perform the execution himself, and has not provided any other person.2 The Deputy Adjutant-general would have furnished him with one if to be found, rather than let the execution pass: but it has been impracticable.3 I conceive it to be the undoubted duty of the Provost-marshal to perform the execution himself if he does not procure some other person, as it is the duty of the High-sherrif to execute criminals in his county. I have sent Mr Hutton in arrest to your Excellency, to be dealt with for his disobedience as you may think proper. The day will be so far spent, that it will not be possible to perform the execution to day. The whole is submitted to your Excellency’s further directions.4 I have the honor to be With the greatest regard, Your Excellency’s Most obedient servant,
W. Heath
LS, DLC:GW; ADfS, MHi: Heath Papers.
1. see General Orders, 17 April; see also Heath’s first letter to GW, 14 April, n.5, and the general orders for 15 April.
2. GW had written William Hutton, provost marshal, from New Windsor on this date: “Whereas at a General Court Martial held at West point the 10th Instant by order of Major General Heath[,] Major Graham president[,] Robert Maples alias John Walker charged with ‘inlisting in Colonel Alden’s regiment by the Name of John Walker for during the War and deserting therefrom, also reinlisting by the name of Robert Maples for three years and taking a Bounty of two hundred hard dollars and deserting again.’ Was Tried, found Guilty and sentenced to suffer Death which sentence was by Me approved and his Execution ordered this day.
“You will therefore take said Robert Maples alias John Walker from the place of his present confinement to the place appointed for his execution and there Hang him by the Neck ’till he be Dead for which this shall be your sufficient Warrant” (DS, in David Humphreys’s writing, MHi: Heath Papers).
GW again wrote Hutton on this date: “Whereas at a General Court Martial held in General Stark’s Brigade the 13th Instant by order of Colonel Green[,] Major E. Flagg president[,] Nathan Gale a Soldier in Colonel Green’s regiment charged with ‘repeated Desertion’ was Tried found Guilty and sentenced to suffer Death: which sentence was by Me approved and his Execution ordered this day.
“You will therefore take the said Nathan Gale from the place of his present confinement to the place appointed for his execution and there Hang him by the Neck ’till he be Dead for which this shall be your sufficient Warrant” (DS, in David Humphreys’s writing, MHi: Heath Papers).
3. Heath probably refers to Maj. John Porter, deputy adjutant general at West Point.
4. GW replied to Heath on the same date: “I have from the necessity of the case respited the two Criminals ’till Tuesday. In the mean time the provost Martial must be tried for refusing to execute his Office as directed by the Warrant—perhaps the Court may make some allowance for the reasons he alledges. If you think there is no need of executing both for the sake of example and can find out which is the most atrocious character between this and Tuesday, I will pardon one of them—Hutton must be tried tomorrow, that if he should be displaced, we may have time to procure another” (LS, in Tench Tilghman’s writing, MHi: Heath Papers). For GW’s postponement of the executions until Tuesday, 24 April, see the after orders with the general orders for 20 April. A court-martial upheld Hutton’s actions, but GW overruled the decision (see General Orders, 22 April). Heath replied to GW on 21 April.
Heath’s aide-de-camp Henry Sewall wrote in his diary entries for 20 and 21 April: “The execut[i]on of two criminals which had been fixed to this day was postponed till Tuesday by reason of the provost marshal not providing an executioner.
“Saturday 21. The provost marshal dismissed from his office by the commander in chief” (Maine Farmer [Augusta], 19 Oct. 1872).