General Orders, 29 May 1781
General Orders
Head Quarters New Windsor Tuesday May 29th 1781.
Parole Countersigns [ ]
At a Garrison Court martial held at Philadelphia the 4th of April 1781 by order of Major General St Clair whereof Major James Moore was President.
Lieutenant John Bigham of the 5th Pennsylvania Regiment, charged for “Spending or misapplying money given to him for the purpose of paying the third bounty to recruits” was tried, found Guilty of the charge being a breach of the 4th article 12th section of the articles of war and sentenced to be Cashiered.1
The Commander in Chief Approves the sentence—He is sorry he cannot in compliance with the Recommendation of the Court restore Lieutenant Bigham to his former Rank and Command The reasons which have been assigned by him for applying the public money committed to his care to other purposes than those for which it was intended are not in the General’s opinion sufficient to justify the breach of Trust.
At a General Court Martial held at the Park of Artillery by order of Major General St Clair and continued by adjournments from the 22d to the 26th of May inclusive—Lieutenant Colonel Stephens president.
Lewis Seely Matross in the 2d regiment of Artillery charged with “Repeated Desertion.”
Benjamin Harley Matross in the 3d regiment charged with “Desertion and reinlisting” and Robert Barber Matross in the same regiment charged with “Desertion and attempting to go to the Enemy” were tried found Guilty and sentenced to suffer Death more than two thirds of the Court agreeing thereto.2
The Commander in Chief approves the above sentences.
John Hennessee soldier in the late 4th New York regiment charged “with Desertion and indeavouring to go to the enemy⟨”⟩ tried by the General Court martial held at West Point the 19th instant whereof Major Moses Ashley was president and William King of the 1st New York regiment charged with “Desertion” tried by the General Court martial held at West Point by order of Brigadier General Patterson the 22d instant whereof Lieutenant Colonel Commandant Smith was President, were found Guilty and sentenced to suffer Death more than two thirds of each Court agreeing.
The Commander in Chief approves the above sentences.3
Untill a more extensive plan for exercising and manœuvring can be adopted the Commander in Chief hopes and expects Officers of every rank will pay particular attention to the instruction of their recruits agreeably to the fifth Chapter of the Regulations for the Order and Discipline of the Army; and the Exercising such of their men as are already acquainted with the different Articles explained in the fifth agreeably to the sixth Chapter of the same Regulations.4
Varick transcript, DLC:GW.
1. The fourth article of the twelfth section of the articles of war reads: “Every officer who shall be convicted at a court-martial of having embezzled or misapplied any money with which he may have been entrusted for the payment of the men under his command, or for inlisting men into the service, if a commissioned officer, shall be cashiered and compelled to refund the money, if a non-commissioned officer, shall be reduced to serve in the ranks as a private soldier, be put under stoppages until the money be made good, and suffer such corporal punishment (not extending to life or limb) as the court-martial shall think fit” (, 5:796–97).
Lt. John Bigham’s court-martial had attracted attention (see Pennsylvania Supreme Executive Council to GW, 17 May, and GW to Joseph Reed, 15 June).
2. For the appointment of this court-martial, see General Orders, 21 May.
GW subsequently pardoned Lewis Seely, Benjamin Harley, and Robert Barber and ordered their release (see General Orders, 3 Aug.).
Lewis Seely (Seeley, Sealy) enlisted as a private in the 5th Connecticut Regiment in February 1777 but immediately deserted. In February 1781, Seely enlisted for the war as a matross in Col. John Lamb’s 2d Continental Artillery Regiment, but service records report him as “Confind” on 17 April 1781 (DNA: RG 93, Compiled Service Records of Soldiers who Served in the American Army During the Revolutionary War). After his pardon, Seely served as a matross until 1783.
Benjamin Harley (Harly; died c.1821) of Leicester, Mass., served as an artilleryman in the Massachusetts militia from late 1776 to early 1777. He joined the 3d Continental Artillery Regiment as a drummer and fifer in March 1777 and served until June 1783.
Robert Barber (born c.1751) of Massachusetts enlisted as a matross in the 2d Continental Artillery Regiment but deserted on 25 Feb. 1777. He joined the 3d Continental Artillery Regiment in 1780 and apparently served until “reported invalided June 20, 1782” (, 1:590).
3. On this date, Adj. Gen. Edward Hand wrote Col. Goose Van Schaick of the 1st New York Regiment from the “Orderly Office” at New Windsor: “His Excy desires you will please to give him the former Characters of William King, & John Hennessee, soldiers in your regiment, and under sentence of Death for Desertion, that he may thereby judge which of them mercy may with the gratest propriety be extended to should he find it consistant with the good of the service to pardon either of them” (DNA: RG 93, Edward Hand’s Letterbook). Privates John Hennesey and William King escaped execution. For the latter’s pardon, see General Orders, 8 June; see also Robert Howe to GW, 7 June, and the source note to that document, and GW to Howe, 8 June.
John Hennesey (Hennesy) enlisted as a private in the 4th New York Regiment in May 1778. He must have received a pardon; service records indicate that he joined the 2d New York Regiment on “1st Augt 1781 from Desertion” (DNA: RG 93, Compiled Service Records of Soldiers who Served in the American Army During the Revolutionary War). Hennesey served as a private in that regiment until 1783.
William King (1760–1842), born in West Greenwich, R.I., moved to New York and enlisted as a private in March 1776 in Col. Cornelius D. Wynkoop’s New York Regiment. In January 1777, King enlisted for the war as a private in the 1st New York Regiment. He deserted on 19 Oct. 1780 and was captured on 18 April 1781 (see DNA: RG 93, Compiled Service Records of Soldiers who Served in the American Army During the Revolutionary War). King fought at the Battle of Monmouth in June 1778 and at the siege of Yorktown in 1781. He left the army in 1782, when his brother became a substitute and served the remainder of his term. Further details regarding King’s army service can be found in an affidavit he gave in 1832 and one to which his son William King, Jr., swore on 26 June 1846 (see DNA: RG 15, Revolutionary War Pension and Bounty-Land Warrant Application Files, 1800–1900).
4. Chapter five of the Continental army’s military manual presented details for instructing recruits on marching and comportment. Chapter six described company maneuvers (see , 10–36).