Head Quarters, Fredericksburgh, Friday, October 2, 1778.
Parole Northampton. Countersigns Nash, Nelson.
Captain Thomas Buchanan 11 and Ensign Andrew Johnston 12 of the 1st. Pennsylvania Regiment are appointed, the former Pay Master and the latter Quarter Master to the same, from the 2nd. of June last. Likewise Lieutt. Aaron Norcross 13 is appointed Adjutant to the same from Feby. 20th. last.
[Note:He resigned in October, 1779. ]
[Note:Johnston, who had been promoted to lieutenant and wounded at Monmouth, N.J., retired in January, 1781. ]
[Note:He resigned in May, 1779. ]
Head Quarters, Fredericksburgh, Tuesday, October 6, 1778.
Parole Pannona. Countersigns Pool, Portland.
The Regimental Pay Masters are to make out their Pay Rolls for the Month of August and lodge them at the Pay Master Generals for Examination as soon as possible.
A Court of Enquiry whereof Lieut. Colo. Temple 77 was President which sat to examine into a Charge against Lieutt. Eggleston's 78 Conduct on the 26th. ultimo, report that the Charge was groundless and vexatious and that his Conduct was not only prudent but spirited and does him honor.
[Note:Lieut. Col. Benjamin Temple, of the First Continental Dragoons. ]
[Note:Lieut. Joseph Eggleston (Egleston), of Lee's Light Dragoons, He was a captain in September, 1779; taken prisoner at Elizabethtown, N.J., in January, 1780; served to close of the war. ]
Head Quarters, Frederick'sburgh, Friday, October 9, 1778.
Parole Bennington. Countersigns Bolton, Berks.
Particular Brigade returns to be made to the orderly Office on Monday next agreeable to a form which will be given by the Adjutant General. Regimental Returns to be delivered in the same day by the Brigade Majors containing every Article of Cloathing in Possession of the non commissioned Officers and soldiers discriminating the good and serviceable from the bad and unserviceable; These returns are to be as exact and complete as possible.
All Commissaries and Clothiers in and near the Army to make returns on the same day and in the same manner of all the Cloathing and Materials for Cloathing in their hand, respectively, distinguishing State from Continental Cloathing, and if any Quarter Masters have Cloathing of any kind in their possession they are to do the same.
Mr. Kemper 7 will take particular Care to communicate this order to the Commissaries and Cloathiers and the Quarter Master General to his Assistants and Deputies. 8
[Note:Daniel Kemper, Assistant Clothier General. ]
[Note:On October 9 Hamilton, by Washington's direction, ordered Maj. John Bigelow, assistant clothier at Hartford, Conn., to make an exact return of all clothing and materials he had furnished any State by order of Congress or the Board of War. Hamilton's letter is in the Washington Papers.]
Head Quarters, Fredericksburgh, Saturday, October 10, 1778.
Parole Southborough. Countersigns Selim, Salem.
A General Court Martial of the Line whereof Colo. Patten 21 is appointed President, to assemble at the Presidents Quarters
[Note:Col. John Patten, of the Second North Carolina Regiment. He was taken prisoner at Charleston, S. C., in May, 1780, and retired in January, 1783. ]
next Monday morning nine o'Clock and sit at such Place as he shall appoint for the trial of all Persons who shall be brought before them. Lieutt. Colo. Loring, 22 Major Haft, 23 a Captain from the North Carolina Brigade, one from each of the Pennsylvania Brigades, two from each of the Connecticutt and three from General Nixon's, will attend as Members.
[Note:Lieut. Col. Jotham Loring, of the Third Massachusetts Regiment. ]
[Note:Maj. Joseph Haft, of the Eighth Connecticut Regiment. At this date he had been promoted to lieutenant colonel; was transferred to the Second Connecticut Regiment in October, 1779; retired in January, 1781. ]
Captn. Moore 24 of the 3rd. Pennsylvania Regiment is appointed Major of Brigade to the 2nd. Pennsylvania Brigade and is to be obeyed and respected as such.
[Note:Capt. Thomas Lloyd Moore, of the Third Pennsylvania Regiment. He was major in the Ninth Pennsylvania Regiment in May, 1779; was transferred to the Fifth Pennsylvania Regiment in January, 1781; retired in January, 1783. ]
Lieutenant Thomas Drew 25 is appointed Pay Master to Colo. Grayson's Regiment and Lieut. John Jeremiah Jacob, 26 Pay Master to the 6th. Maryland Regiment.
[Note:Lieut. Thomas Haynes Drew, of Grayson's Additional Continental regiment. He was transferred to Gist's Additional Continental regiment in April, 1779; resigned in July of that year. ]
[Note:Lieut. John Jeremiah Jacobs (Jacob), of the Sixth Maryland Regiment. He resigned in February, 1780. ]
At a General Court Martial held at Bedford the 8th. of October 1778, by order of General Scott, whereof Lieutt. Colo. Blackden 27 was President, Elisha Smith, a Private of Captn. Stoddard's Company, in the 2nd. Regiment of Light Dragoons was tried for deserting to the Enemy last August, for piloting the Enemy in an Incursion into and against the Troops of these States, defrauding the Public by selling his horse, Arms, Accoutrements, Furniture and Cloathing in a treasonable manner to the Enemy and for Mutiny in insulting and menacing his Officers while a Prisoner with them, found guilty of breaches of the 1st. Article, 6th. Section and of the 3rd. Article of 12th. Section of the Articles of War and sentenced to suffer Death.
[Note:Lieut. Col. Samuel Blackden (Blagden), of the Second Continental Dragoons. ]
His Excellency the Commander in Chief approves the sentence and orders said Elisha Smith to be executed next Monday the 12th. inst. 11 o'Clock in the forenoon at or near Bedford as General Scott shall direct.
Head Quarters, Frederick'sburgh, Sunday, October 11, 1778.
Parole Amiens. Countersigns Abington, Acton.
The following summary of the duties of the Marechausie Corps commanded by Captn. V. Heer 28 is published for the information of the Army at large. The General hopes that the Institution, by putting men on their Guard will operate more in preventing than punishing Crimes.
[Note:Capt. Bartholomew yon Heer. ]
While the Army is encamped the Officers of this Corps are to patrole the Camp and it's neighborhood for the purpose of apprehending Deserters, Marauders, Drunkards, Rioters and Straglers under which last denomination are included all soldiers who are found beyond the nearest Picquets in front and on the Flanks and beyond the distance of one mile estimated from the Center of the Encampment, in the rear; They are also to apprehend all other soldiers that may be detected in a Violation of General orders;
All Countrymen and Strangers whose Appearance or Manners excite Suspicion of their being Spies, and are not furnished with Passes either from some General Officer, the Quarter Master General or the Commissaries General of Provision or Forage. The Officers of this Corps are directed not to apprehend any Offender who may be within the Encampment of his own Regiment, as it is expected that the Regimental Quarter-Guard will in that Case secure the Offender.
Captain Von Heer is to keep an exact List of all licensed Sutlers and confine any follower of the Army who may presume to suttle without proper leave. Every newly appointed Sutler is therefore to signify his Appointment to Captain V. Heer and produce a proper Certificate thereof.
On a day of march this Corps with the Provost Guard is to remain on the old ground 'till the Columns and Baggage have moved off, in order to secure all such soldiers as have loitered in Camp and the officers are to see that the soldiers and Women who march with the baggage do not transgress the General Orders made for their Government; They will likewise secure all straglers on the march, treating in this light all soldiers absent from their Platoons without a Non Commissioned Officer to conduct them. On a day of battle the Marechausie will be posted in the Rear of the Second Line or Reserve in order to secure Fugitives.
The Commander in Chief strictly forbids all persons whatever to do or say anything that may tend to impede the Officers of this Corps in the Execution of their duty; On the contrary, He requires that they may be respected and assisted, as good order and discipline will be much promoted by the full Exercise of their office.
If any offender attempts to escape or presumes to make any resistance he will incur double punishment and all persons belonging to the Army are required to succour any part of the Marechausie Corps that may be opposed in the Prosecution of their duty.
The Captain of the Marechausie will have the usual Provost Guard drawn from the line near him and under his Direction for the Security of Prisoners. He is every morning to deliver a written report of the Persons committed the preceding day and the charges against them to the Adjutant General who will have proper Courts Martial held for their trial; This is to be considered as a standing order and as such to be published in the different Parts of the Army. The Adjutants of Regiments are to have it frequently read to the men, that by being reminded of what is prohibited and the Certainty of punishment they may avoid the one and the other.
No Officers except those who have authority to do it are to send men from Camp, lest they should expose such men to punishment and subject themselves to trial for disobedience of Orders.
In Consideration of the nature of their duty, Regimental Pay Masters are to be included in the List of those Officers who are intitled to keep a horse and draw Forage.
The Commanding Officers of Regiments are requested to send to the Auditors Office the Names of their respective Pay Masters.
Head Quarters, Frederick'sburgh, Tuesday, October 13, 1778.
Parole Wyoming. Countersigns Woodbury, Water-bury.
The General Court Martial whereof Col. Patten was appointed President will sit tomorrow morning, nine o'Clock at General St. Clair's quarters.
At a General Court Martial held at West Point, September 28th, 1778, Lieutt. Colo. Burr, President, Elisha Painter, Major of Artificers, 46 was tried for absenting himself from the Garrison and neglect of duty found guilty of the charges exhibited against him and sentenced to be dismissed the service. 2
[Note:Maj. Elisha Painter is given also as major of Warner's Additional Continental regiment. Painter appealed his sentence of January, 1777, and was again dismissed Oct. 13, 1778; granted a new trial, Oct. 28, 1778; died while the case was pending. (See General Orders, Oct. 28, 1778, post .) ]
At the same Court Captn. Pendleton 47 of Artificers, was tried for neglect of duty; found guilty; but some palliating Circumstances induced the Court only to mulct him half a Month's pay to be appropriated to the use of such Prisoners in the Garrison as do fatigue and draw no Pay.
[Note:Capt. Daniel Pendleton, of Baldwin's Artillery Artificers. He served to May, 1781. ]
His Excellency the Commander in Chief approves the foregoing sentences and orders them to take place.
Head Quarters, Frederick'sburgh, Wednesday, October 14, 1778.
Parole Yarmouth. Countersigns Yale, York.
The General Court Martial whereof Colo. Patten is President will assemble at the Yellow House next below General Nixon's Brigade tomorrow morning, nine oClock precisely.
Captn. John Bankson 48 of the 2nd. Pennsylvania Regiment is appointed Pay Master to the same, vice Captn. Howell 49 resigned.
[Note:Capt. John Bankson. He was transferred to the First Pennsylvania Regiment in January, 1783, and served to November of that year. ]
[Note:Joseph Howell, jr. He resigned Oct. 1, 1778, and served later as Commissioner of United States Army Accounts and acting Paymaster General up to May, 1792. ]
Lieut. Col. Smith 50 is appointed Member of the General Court Martial whereof Colo. Patten is President vice Lieutt. Colo. Loring.
[Note:Lieut. Col. Samuel Smith, of the Fourth Maryland Regiment. ]
Head Quarters, Frederick'sburgh, Thursday, October 15, 1778.
Parole Antwerp. Countersigns Argos, Attleborough.
A Court of Enquiry whereof Lieutt. Colo. Carrington is appointed President will sit at one oClock this afternoon at the President's quarters to enquire into a complaint exhibited by Charles Proud, a soldier in the Artillery against Captain Wiley. 72
[Note:Capt. John Wiley, of the Eighth Massachusetts Regiment. ]
Two Captains from each of the Connecticutt Brigades to attend as Members.
Head Quarters, Frederick'sburgh, October 16, 1778.
Parole Woolwich. Countersigns Wooburn, Witney.
Tomorrow being the glorious Anniversary of the surrender of General Burgoyne and his troops to the Arms of America , under the Command of Major General Gates, it will be commemorated by the discharge of thirteen Cannon from the Park of Artillery at twelve o'Clock.
No more sick to be sent to the hospital at Quaker Hill without first enquiring of the Chief Surgeon there whether they can be received, as the house is already full. At a General Court Martial whereof Colo. Hogan 73 was President held at West Point, October 11th. 1778, Lieut. Chandenit, A.D. Q. M. G., was tried for refusing to sign an order for Forage sent him by Captain Carter and acquitted. The Commander in Chief approves the sentence. Lieutt. William Henshaw of the 5th. Connecticutt Regiment is appointed Pay Master to the same from the 1st of September last. 74
[Note:Col. James Hogun, of the Third North Carolina Regiment. ]
[Note:Henshaw served as paymaster until January, 1781. He retired in January, 1783. ]
Head Quarters, Frederick'sburgh, Sunday, October 18, 1778.
Parole Tunbridge. Countersigns Thrace, Tenbury.
Lieut. Augustine Taylor 19 of the 7th. Connecticutt Regiment is appointed Pay Master to the same from the 27th. day of July last.
[Note:Lieutenant Taylor was transferred to the First Connecticut Regiment in January, 1781, and resigned in June of that year. ]
Colo. Greaton is appointed President of the Genl. Court Martial which is to sit tomorrow morning ten o'Clock, vice Colo. Patten
Head Quarters, Frederick'sburgh, Monday, October 19, 1778.
Parole Copenhagen. Countersigns Chatham, Cape Ann.
As Colo. Greaton is unable to attend the Court Martial whereof he was yesterday appointed President, Lieutt. Colo. Smith 20 will preside in his room.
[Note:Lieut. Col. Samuel Smith. ]
Major Murphy 21 is appointed an Additional Member of the Court which will sit tomorrow morning nine o'Clock at the usual Place.
[Note:Maj. Hardy Murfree(?), of the Second North Carolina Regiment. ]
A General Court Martial of the Line whereof Col. Bradley 22 is appointed President will assemble at the President's Marqui next friday morning ten o'Clock and sit at such place as shall be provided by the Quarter Master General for the trial of Col. Price 23 and such others as shall come before them. Lieutt.
[Note:Col. Philip Burr Bradley, of the Fifth Connecticut Regiment. ]
[Note:Col. Thomas Price, of the Second Maryland Regiment. He resigned in April, 1780. ]
Colos. Hay, 24 Russell 25 and Harney, 26 Majors Nichols, 27 Thompson 28 and Holdridge 29 and a Captain from each of the Brigades on the Ground will constitute the Court. All Evidences and Persons concerned to attend.
[Note:Lieut. Col. Samuel Hay, of the Tenth Pennsylvania Regiment. He was wounded at Stony Point, N. Y, in July, 1779; retired in January, 1781. ]
[Note:Lieut. Col. Giles Russell, of the Fourth Connecticut Regiment. He was later promoted to colonel of the Eighth Connecticut Regiment, to date from March, 1778; died in October, 1779. ]
[Note:Lieut. Col. Selby Harney, of the Second North Carolina Regiment. He was transferred to the Third North Carolina Regiment in February, 1782; promoted to colonel in September, 1783; served to close of the war. ]
[Note:Major Francis Nichols, of the Ninth Pennsylvania Regiment. He resigned in May, 17791. ]
[Note:Possibly William Thompson, who was adjutant of the Ninth Pennsylvania Regiment. ]
[Note:Maj. Hezekiah Holdridge, of the Second Connecticut Regiment. He was later promoted lieutenant colonel of the Seventh Connecticut Regiment, to date from May, 1778; retired in January, 1781. ]
Nixon's, Parsons's and Huntington's Brigades, to hold themselves in readiness to march at a moment's warning. Ensign Richard Fullerton 30 of the 3rd. Pennsylvania Regiment is appointed Adjutant to the same from the 1st. of July last.
[Note:Fullerton was promoted to lieutenant in May, 1779; transferred to the First Pennsylvania Regiment in January, 1783. According to a resolve of Congress (Nov. 1, 1783): "Lieutenant Richard Fullerton, having acted as a volunteer at an early period of the war, particularly in the action on Long Island, and at the battles of Trenton and Princeton; and having discharged the several extra appointments of adjutant, major of brigade, and the important one of assistant adjutant general to the southern army, highly to the satisfaction of his general officers: Resolved, That the Secretary at War issue to Lieutenant Fullerton, the brevet commission of captain." ]
Head Quarters, Fredericksburgh, Tuesday, October 20, 1778.
Parole Sandown. Countersigns Saco, Sydenham.
Doctor Cochran 54 during the absence of Doctor Burnett 55 is to do the duty of Physician and Surgeon General in the Army in the Eastern Department.
[Note:Dr. John Cochran. He was then physician and surgeon general of the Middle Department. ]
[Note:Dr. William Barnett (Burnett). He served to June, 1782. ]
Head Quarters, Fredericksburgh, Wednesday, October 21, 1778.
Parole Dunbarton. Countersigns Dedham, Dunkirk.
Lieutt. Samuel Richards 56 is appointed Pay Master to the 3rd. Connecticutt Regiment, Lieutt. William Adams 57 to the 4th., Lieutt. John Shearman 58 to the 6th. and Lieutt. Richard Sill 59 to the 8th. from the 7th. of September last.
[Note:Richards retired in January, 1781. ]
[Note:Adams was transferred to the First Connecticut Regiment in January, 1781. He was cashiered in June of that year. ]
[Note:Sherman was transferred to the Fourth Connecticut Regiment in January, 1781, and to the Second Connecticut Regiment in January, 1783; served to June of that year. ]
[Note:Sill was transferred to the First Connecticut Regiment in January, 1781; promoted to captain in April, 1781; major and aide to Lord Stirling in September, 1781; rejoined his regiment in January, 1783; served to June of that year. ]
Purity of Morals being the only sure foundation of publick happiness in any Country and highly conducive to order, subordination and success in an Army, it will be well worthy the Emulation of Officers of every rank and Class to encourage it both by the Influence of Example and the penalties of Authority. It is painful to see many shameful Instances of Riot and Licentiousness among us; The wanton Practice of swearing has risen to a most disgusting height; A regard to decency should conspire, with a Sense of Morality to banish a vice productive of neither Advantage or Pleasure. The frequent Roberies which have lately prevailed in the Vicinity of Camp are truly alarming and demand the most vigilant Exertions to detect the Perpetrators and bring them to the severest punishment.
Head Quarters, Fredericksburgh, Thursday, October 22, 1778.
Parole Rhode Island. Countersigns Rupert, Rehoboth.
Nixon's, Huntington's and Parsons' Brigades are to march at seven o'Clock tomorrow morning from the Left under the Command of Major Genl. MacDougall. The Quarter Master General will give the Route.
The first Connecticutt Regiment to be stationed at Danbury to guard the Stores now there 'till further orders.
Head Quarters, Fredericksburgh, Friday, October 23, 1778.
Parole Elizabethtown. Countersigns Essex, Egypt.
At a General Court Martial of the Line, Octr. 15th. 1778, Colo. Patten, President, Henry Despert, Daniel Thompson, John Kidder, John Cole, Asa Adams, Samuel Wortman, Jonathan More, Davis Brown and 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; 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.
The Commander in Chief confirms the opinion of the Court and orders the aforementioned Prisoners to be released and return to their duty.
At the same Court, Hate-evil Colston of Colo. Nixon's 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.
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 88 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 breach of Article 5th., section 18th. of the Articles of War and sentenced to receive one hundred lashes on his bare back.
[Note:Lieut. David Ziegler, of the First Pennsylvania Regiment. He was captain in December, 1778, and retired in January, 1783. ]
The Commander in Chief approves the two last mentioned sentences and orders them to be put in Execution tomorrow morning 9 o'Clock near the Village of Frederick'sburgh.
Likewise Serjeant Roach, Corporal Forbs, John Smith, Solomon Townsend, William Palmer, Lewis Flemister, Henry Perry and William Jones 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.
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. Colo. Smith vice, Colo. 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 hundread 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 White Plains; Also John Ferguson for being concerned with said Glover in stealing the aforesaid Linen, found guilty and sentenced to receive one hundred lashes each on his bare back.
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 (upward of two thirds agreeing) do sentence John Herring [ sic ] to suffer Death.
The Court (two thirds agreeing) do sentence Moses Walton to suffer death.
The Court (upward 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.
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 inpresence of all the troops on the Ground who will be assembled for the purpose near Fredericksburgh. 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.
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.
Head Quarters, Fredericksburgh, Monday, October 26, 1778.
Parole Onadilla. Countersigns Oneida, Oxfordshire.
Captain Thomas Bartholomew Bowen 17 of the 9th. Pennsylvania Regiment is appointed Pay Master to the same vice Ensign Tate, 18 resigned from the 15th. inst.
[Note:Transferred to the Fifth Pennsylvania Regiment in January, 1781, and retired in January, 1783. ]
[Note:Ensign Adam Tate. Heitman gives him as a lieutenant in the Eleventh Pennsylvania Regiment. ]
Head Quarters, Fredericksburgh, Wednesday, October 28, 1778.
Parole Narragansett. Countersigns Nobletown, Naples.
Lieutenant Job Vernon 47 and Lieutt. Andrew Little 48 of the 5th. Pennsylvania Regiment are appointed, the first Pay Master and the second Quarter Master to the same from the 1st. instant.
[Note:Veron was captain-lieutenant at this date, He retired in January, 1781. ]
[Note:Lieut. Andrew Lytle. He was transferred to the First Pennsylvania Regiment in January, 1783, and served to November, 1783. ]
A General Court Martial of the Line to sit at or near Robinson's House as soon as may be for the trial of Major Painter on an Appeal from a late Garrison Court Martial held at West Point. A Field Officer from the Virginia Line to preside. Four Captains from Muhlenberg's Brigade, five from Scott's and three from the Garrison of West Point to attend as Members. All Evidences and Persons concern'd will attend the Court.
At a Brigade General Court Martial held in General Clinton's Brigade, October 20th. 1778: John Yeomans, a soldier in Colo. Dubois's Regiment was tried for desertion and robbery. The Charge of robbery was not supported, but found guilty of desertion and sentenced to be shot to death at the head of the Brigade.
The Commander in Chief approves the sentence but is pleased to pardon said Yeomans on account of the recent instances of many criminals having been executed for breaches of military duty, which he hopes will not only deter him but every other soldier in the Army from violating his solemn obligations faithfully to serve the United States.
Head Quarters, Fredericksburgh, Thursday, October 29, 1778.
Parole Holstein. Countersigns Hoebuck, Hopewell.
The Commissary General of Issues is desired to issue one Gill of Rice pr. day to the Artificers in lieu of half a pound of flour untill further orders.
Head Quarters, Fredericksburgh, Saturday, October 31, 1778.
Parole India. Countersigns Italy, Ipswich.
At a General Court Martial held at Fort Clinton, October 23rd, 1778. Colo. Poor, President, Nathan Nuthall, Quarter Master to the 3rd. No. Carolina Regiment was tried for behaving in an infamous manner unbecoming an Officer and a Gentleman also for embezzling the public Stores and applying them to his own use; found guilty and unanimously sentenced (agreeable to the 1st. Article of 12th. section of the Articles of War) to forfeit all his Pay and be dismissed the service.
The Commander in Chief approves the sentence and orders it to take place immediately.
The North Carolina Brigade to hold themselves in readiness to march at an hours warning.
Head Quarters, Fredericksburgh, Monday, November 2, 1778.
Parole Kaminec. Countersigns Kenderhook, Kings-bridge.
As the Campaign is drawing to a Close and the Commander in Chief is desirous of affording the Officers an opportunity of seeing their Friends and Families as far as it can be done consistent with the publick service; The Brigadiers and Colonels commanding Brigades are requested to grant Furloughs to the officers of their respective Commands under the following restrictions, viz, to one Field Officer of each Regiment and to one Commissioned Officer of each Company at a time: They are not to be given to a greater proportion of Officers at once and in this only but when there will remain two Field Officers and two Commissioned Officers to each Regiment and Company respectively, except there should arise cases of very pressing and extraordinary nature of which the General Officer having the General command of the Post, Division or Detachment in which the Officer requesting such Indulgence is, is to judge and to act as he shall think proper.
As the Length of Furloughs must depend upon the Circumstances of distance and some other Considerations, the General cannot prescribe the time for which they are to be granted, but He most fully confides that they will be given only for a warrantable time, that the Officers remaining may experience like Indulgences in Succession and to which they will have an equal Claim upon every Principle of Justice and Generosity.
As the troops are about to receive new Cloathes the General hopes and expects that the Colonels and the rest of the Officers will give particular attention to their preservation as well for the sake of their own reputation and the appearance of their Corps as the great difficulties which attend the procuring them, and that they may be the better preserved, He enjoins in the most pointed manner that after their delivery, Company Rolls be kept of the same with proper Columns for each Article; That these be examined at least once a Week by an actual View of the Articles and that every deficiency and loss unless satisfactorily accounted for, and every neglect of sufficient Care in the soldiery, be punished with proper severity, according to former Orders. To all of which on this subject there is to be a strict regard.
The General also hopes that the Officers will pay constant attention to the Cleanliness and Dress of the men and the fitting of their Cloaths in the first instance, without those they must be sensible that they can never assume the Air of soldiers or appear to the least advantage.
After the troops have received new Cloathes the Officers commanding Regiments are to be very careful in causing the proper Officers to make the earliest delivery of the old (that is of the Coats Jackets and Breeches) fit for service to the Cloathier for which they are to obtain two Receipts; one to be kept for their own justification the other to be returned to Head Quarters.
The old Cloathes are to be well aired and the Cloathier is to have them packed in secure Casks, keeping an account of the uniforms and the whole together as far as circumstances will permit.
That Casks may not be wanting for this purpose the old cloathes are to be returned in those which carry the new to the several Brigades. 86
[Note:Gates forwarded to Washington (November 2) a memorial from the officers of Poor's, Paterson's, and Learned's brigades, then at Hartford, on clothing and the return of old clothes. "That returning the old rags, and Cloaths of the soldiers, at this period; in order to obtain new, would not only in many respects be taking away the Private Property of Individuals without their Consent, but would in other cases put the soldiers on a very unfair and unequal footing; and in its consequences naturally tend to destroy one of the greatest Virtues in a soldier, for it is a general rule and a known fact, that those who have received the most Cloaths from the Publick, have now the least to return." Gates's letter is in the Washington Papers . (See General Orders , Nov. 7, 1778, post .) ]
Head Quarters, Fredericksburgh, Tuesday, November 3, 1778.
Parole Alderney. Countersigns Acton, Artois.
The Pennsylvania Brigades to hold themselves in readiness to march at an hours warning.
The Deputy Cloathier General will exert himself to have the Cloathing that is returned in carried to Fish Kill as soon as possible. The Officers now in Camp to procure Cloathing for the several Brigades, are desired to use all possible dispatch in drawing their respective quotas and sending them off.
The Park 87 to move as soon after the order of March is given them as their horses can be brought to Camp from their several Forage Yards.
[Note:Of artillery. ]
Head Quarters, Fredericksburgh, Wednesday, November 4, 1778.
Parole Lorrain. Countersigns Lancaster, Lebanon.
A General Court Martial of the Line whereof Lieutt. Colo. Williams 96 is appointed President to sit tomorrow morning nine o'Clock at Genl. St. Clair's late quarters, for the trial of all Persons brought before them.
[Note:Lieut. Col. William Williams, of the Third Pennsylvania Regiment. He resigned in April, 1780. ]
Three Captains from the North Carolina Brigade, four from the 1st. Pennsylvania and five from the second to attend as Members.
Head Quarters, Fredericksburgh, Thursday, November 5, 1778.
Parole Broomsgrove. Countersigns Breed, Belfast.
The Pay Masters of Regiments and Corps are to apply to the Pay Master General immediately for the Months of August and September's pay.
A Field Officer from the Maryland Line to relieve Lt. Colo. Ball 97 who is superintending the Hospitals at and near Fish Kills. Lieutt. Colo. Ball will furnish him with the Instructions.
[Note:Lieut. Col. Burges Ball, of the First Virginia Regiment. He was taken prisoner at Charleston, S.C., and prisoner on parole until retired in February, 1781. ]
Head Quarters, Fredericksburgh, Saturday, November 7, 1778.
Parole Carthagena. Countersigns Cambray, Condè.
At a Brigade General Court Martial held at Camp near Hartford by order of Brigadier General Poor, October 31st. 1778, Colo. Hazen, President, Lieutenant David Gilman of the 2nd. New Hampshire Regiment was tried first for ungentlemanlike behaviour in associating with Private Soldiers and offering them a reward of twenty dollars and engaging to secure them from harm, in case any should arise in consequence thereof, if they should take up and bring to him a Horse. 2ndly. for taking two Stray horses the Property of private Persons and converting them to his own use without making any Publication thereof, much to the Prejudice of the service and to the good People of The United States, unanimously found guilty, sentenced to be cashiered and rendered incapable of ever serving the United States again as a Military Officer and forfeit all his Pay that is now due to him.
The Commander in Chief approves the sentence and orders it to take Place immediately. 16
[Note:"I have approved and confirmed the sentence and shall direct its publication in this days orders." -- Washington to Brig. Gen. Enoch Poor , Nov. 7, 1778. This letter is in the Washington Papers.]
At a Brigade General Court Martial held in the Corps of Artillery by order of Brigadier General Knox, October 29th. 1778, Lieutenant Colo. Stevens, 17 President; Captain Moody 18 of Colo. Lamb's Regiment of Artillery was tried for disobedience of orders and contemptuous behaviour, found guilty of the Charges exhibited against him, and the Court are of opinion that Captain Moody should be reprimanded in Brigade orders.
[Note:Brevet Lieut. Col. Ebenezer Stevens, of the Third Continental Artillery. He was lieutenant colonel of the Second Continental Artillery, Nov. 24, 1778, to rank from April 30, 1778; served to June, 1783. ]
[Note:Capt. Andrew Moodie (Moody), of the Second Continental Artillery. He served to June, 1783. ]
The Commander in Chief confirms the opinion of the Court and orders the sentence to take place.
Captain Lilburn Williams 19 of the second Maryland Regiment is appointed Pay Master of the same.
[Note:Capt. Lilburn Williams, of the Second Maryland Regiment. He was transferred to the Third Maryland Regiment in January, 1781, and retired in January, 1783.
Col. Nathaniel Gist claimed the right to command Brigadier General Scott's corps when Scott left, but Washington decided that Col. David Henley was entitled to it. Scott was directed in a brief note (November 7) to make Henley "acquainted with the different Channels through which you have obtained intelligence and communicate to him the orders which you received for the government and duties of the light Corps. I want to see Col. Butler upon particular Business; be pleased to ask him to ride up." This note is in the Washington Papers.]
Head Quarters, Fredericksburgh, Sunday, November 8, 1778.
Parole Nuremberg. Countersigns Namure, Narva.
The order of the 2nd. instant directing a delivery of the serviceable old Coats Jackets and Breeches to the Cloathier after the troops should have received new ones was not meant to comprehend such as had been procured by the soldiers themselves either by purchase or Donation, or such as had been paid for by Stoppages out of their Pay; Those which were to be the object of delivery now call'd for on the recommendition of the honorable the board of War as from a view of our supplies at the time the measure was considered as founded not only in Policy but strict necessity, as providing the best source for relief to the soldiers themselves against Accidents that might attend the Importation of future supplies as well as to those whose unhappy lot it might be to become the subjects of hospitals and others of the Army for whom some provision in this instance would have been indispensable. However as our quantity of new Cloathing fortunately turns out better than it was at first apprehended and of course removes in some degree the necessity which dictated the measure and as the old remaining in the hands of the soldiers will contribute much by a careful use and application of them on duties of fatigue &c. to preserve the new, the order of the 2nd so far as it respects a return of them to the Cloathier is dispensed with. But such Cloathing viz, Coats, Jackets and Breeches as have been received either thro' the hands of the Cloathier or Agents or thro' the States on Continental Account and which has been delivered in the course of the Fall or that may remain undelivered is not to be comprehended under the description of old and must be returned to the Clothier or Agents of the department in Case new ones are drawn, to prevent Injustice to the Public by obtaining double supplies and to the Troops themselves who otherwise would be upon an unequal footing.
The General expects a pointed attention on the part of the officers to this order, and also according to former instructions to their mens cloathing and that they will not only extend their Care to its' Cleanliness but to prevent any Misapplication of it. 20
[Note:On November 8 Washington, having gone to Fishkill, Tilghman wrote to George Measam, informing him of the great need of shirts and asking for a return of the shoes, hats, and blankets wanting by the three brigades at Hartford. "They shall be sent back by the returning teams." Tilghman's letter is in the Washington Papers.]
Head Quarters, Frederick'sburgh, Wednesday, November 11, 1778.
Parole Europe. Countersigns Enfield, Egra.
Lieutenant Joseph Crocker 50 of Colo. Greaton's Regiment is appointed Pay Master. Lieutt. William Cheney 51 is appointed Adjutant and Lieutt. Samuel Millish 52 is appointed Quarter Master of the same from the 16th. of September last.
[Note:Lieut. Joseph Crocker, of the Third Massachusetts Regiment. He was captain in March, 1780, and resigned in July, 1781. ]
[Note:Lieut. William Chaney (Cheney), of the Third Massachusetts Regiment. He resigned in August, 1780. ]
[Note:Lieut. Samuel Mellish, of the Third Massachusetts Regiment. He served to June, 1783. ]
At a Division General Court Martial held in the Pennsylvania Line, October 28th. 1778, by order of General Wayne, Lieutt. Colo. Adam Hubley, President, Lieutt. Thomas McCoy of the 7th. Pennsylvania Regiment was tried for repeated disorderly Conduct unbecoming an Officer and a Gentleman and for embezzling the State's Money, found guilty of a breach of the 21st. Article, 14th. section of the Articles of War and sentenced to be discharg'd the service. The Court do acquit him of embezzling the States Money, but it appears by an Amount render'd by Lieutt. McCoy to Lieutt. Colo. Hay and laid before the Court that he is considerably indebted for publick Monies advanced by the State of Pennsylvania and do therefore order the Accompts to be transmitted with the Proceedings of the Court to Head Quarters.
The Commander in Chief confirms the sentence; It gives him real Pain and regret that any officers should permit themselves to run into such frivolous, indecent quarrels and disorders.
As Lieutt. McCoy appears considerably indebted to the State of Pennsylvania for public Money received by him it is but equitable that if there be any Money due him from the United States, it should be stopped so far as not to exceed that Debt.
The Pay Master will therefore attend to this and the Commanding Officer of the Regiment to which he belongs will see that the Money so due to Lieutt. McCoy be paid to the State of Pennsylvania.
At a General Court-Martial of the Line, Novr. 5th. 1778, Lieutt. Colo. Williams, President, Lieutt. Wolfen of the Marechaussie Light Dragoons was tried for disobedience of orders, cursing and damning the service, striking Serjeant Muller with a Sword and confining him afterwards and for offering to have him punished again without a trial and for being drunk when he committed the same.
The Court are of opinion that Lieutenant Wolfen in striking Serjeant Muller and then confining him without any apparent Provocation was highly blamable and that his conduct thro'out the affair was unbecoming the Character of an Officer and a Gentleman and do sentence him to be reprimanded in General orders.
The General approves the sentence. Lieutt. Wolfen's conduct was highly indiscreet and improper.
Head Quarters, Fredericksburgh, Thursday, November 12, 1778.
Parole Penobscot. Countersigns Potowmack, Po.
The North Carolina Brigade to march tomorrow morning 8 o'Clock. The Commanding Officer will receive further orders at the Orderly Office.
All soldiers discharged from the Hospital by the Director General or Surgeons as unfit for Camp duty are to be sent to the Quarter Master General who will employ such as are fit, for Waggoners. 53
[Note:Meade wrote to Greene (November 11): "His Excy … approves of your proposition of taking into employ as Waggoners all such as may be fit for that service and are unable to do duty as Soldiers, and that the director of the Hospitals shall be instructed to turn all such over to you." Meade's letter is in the Washington Papers.]
At a General Court-Martial of the Line (Novr. 10th. 1778) whereof Lieutt. Colo. Williams was President, Lieutenant Marshall 54 of the first North Carolina Regiment tried for" Neglect of duty and disobedience of Orders"; found guilty of Neglect of duty but acquitted of the charge of disobedience of orders and sentenced to be reprimanded by the Commanding Officer of his Regiment.
[Note:Lieut. Dixon Marshall, of the First North Carolina Regiment. He was taken prisoner at Charleston, S.C., in May, 1780; exchanged in June, 1780; served to close of the war. ]
The Commander in Chief confirms the sentence.
Head Quarters, Fredericksburgh, Friday, November 13, 1778.
Parole -- . Countersigns -- -- .
Lieutt. Benjamin Lodge 66 and Ensign James Allen 67 of the sixth Pennsylvania Regiment are appointed the first Adjutant and the second Quarter Master to the same from the first day of August last.
[Note:He was transferred to the Third Pennsylvania Regiment in January, 1783, and served to June of that year. ]
[Note:He retired in January, 1780. His name appears sometimes as McAllen. ]
Head Quarters, Fredericksburgh, Tuesday, November 17, 1778.
Parole Hampshire. Countersigns Harkamer, Holden.
At a General Court Martial of the Line November 14th. 1778, Lieutenant Colo. Williams, President; Lieutt. Cobie 8 of the 2nd. Pennsylvania Regiment was tried for behaving unlike an Officer and Gentleman. The Court are unanimously of opinion that Lieutt. Cobie is not guilty of the charge exhibited against him and acquit him.
[Note:Lieut. John Cobea, of the Second Pennsylvania Regiment. He was made a captain in March, 1779, and retired in January, 1781. ]
The Commander in Chief confirms the opinion of the Court. Lieutt. Cobie is to be released from his Arrest.
Head Quarters, Fredericksburgh, Wednesday, November 18, 1778.
Parole Thermopyle. Countersigns Trent, Troy.
A few Tickets in the second Class of the United States Lottery 9 are received and ready for sale at the Pay Office where those who are inclined to become Adventurers are requested to apply as soon as possible as the Lottery will certainly commence drawing the first day of January next, at which time all the Tickets remaining on hand must be returned. Those who are possessed of Prize Tickets of twenty dollars in the first Class may have them renewed by applying as above.
[Note:The Continental Congress Lottery of 1777, which was authorized in November, 1776. ]
Head Quarters, Fredericksburgh, Saturday, November 21, 1778.
Parole Labrador. Countersigns Lynn, Leghorn.
Five hundred men from the Pennsylvania line properly officered to march tomorrow morning to Sharon to escort the Convention troops to Hudson's River.
Head Quarters, Fredericksburgh, Sunday, November 22, 1778.
Parole Waldeck. Countersigns Walpole, Wales.
Lieutenant James Lord 80 of the 1st. Connecticut Battalion is appointed Pay Master for the same from September 9th. 1778.
[Note:He was transferred to the Fourth Connecticut Regiment in January, 1781, and to the Second Connecticut Regiment in January, 1783; served to June of that year. ]
Head Quarters, Fredericksburgh, Monday, November 23, 1778.
Parole Morocco. Countersigns Moreland, Modon.
At a General Court Martial of the Line, Lieut. Colo. Williams, President, November 20th. 1778: George Albin, Express Rider, was tried for stealing two thousand and fourteen dollars from Captain Dunn, 96 found guilty of stealing twelve hundred and ninety four dollars and sentenced to receive One hundred lashes on his bare back and to remain under confinement until he has refunded what Money is still deficient to Cap rain Dunn amounting to five hundred and seventy four dollars.
[Note:Capt. Isaac Budd Dunn, of the Third Pennsylvania Regiment. He was major and aide to Major General St. Clair from May, 1781, to the close of the war. ]
The Commander in Chief approves the sentence and orders it to be put in execution; the stripes to be inflicted tomorrow morning at the Provost Guard in presence of the old and new Guards.
The Court Martial whereof Lieutt. Colo. Williams is President, is dissolved.
Head Quarters, Fredericksburgh, Tuesday, November 24, 1778.
Parole Nassau. Countersigns Natick, Needham.
The Pennsylvania line and Park of Artillery are to march tomorrow morning nine o'Clock; The Stores and Baggage of the Flying Hospital and General Staff to move with them.
Head Quarters, Rariton, 21 Saturday, December 12, 1778.
[Note:Washington reached Middlebrook on December 11 and took up his quarters in John Wallace's house at Raritan, about 4 miles west of Middlebrook (now Boundbrook). The house is in what is now Somerville, county seat of Somerset County, N.J. In the Washington Papers , under date of June 4, 1779, the day after the Army marched from Middlebrook, is Wallace's receipt for 1,000 dollars "for the use of my house and Furniure &c. &c. which His Excellency General Washington had for his Head Quarters." ]
Parole Ramapaw. Countersigns Rariton, Ringwood.
At a General Court Martial held at Elizabeth Town, December 5th. 1778, by order of Major Genl. Lord Stirling, Colo. Shreve, President, Major John Conway of the 4th. Jersey Regiment, 22 was tried for wilfully and insolently countermanding the orders of Colo. Ogden then Commandant of the Brigade; After due deliberation, the Court are of Opinion that Major Conway wilfully countermanded Colo. Ogden's order, but that he did not insolently do it and that Maj. Conway as Officer of the day had a right to countermand Colo. Ogden's order; For though Colonel Ogden was commanding Officer of the Brigade, yet he was not of the Post: The Court are further of opinion that Major John Conway be acquitted with honor.
[Note:Heitman gives Conway as having been transferred to the Third New Jersey Regiment in October, 1778. He was lieutenant colonel of the First New Jersey Regiment in July, 1779, anti retired in January, 1781. ]
The Commander in Chief confirms the opinion of the court. Major Conway to be released from his Arrest.
Head Quarters, Camp Middle Brook, Monday, December 14, 1778.
Parole Middle Brook. Countersigns Nash, Oxford.
Much of the sickness among the Troops seems to have been occasioned by the improper method adopted in forming many of the Hurts last Winter; Some being sunk in the ground and others covered with Earth; To avoid consequences of a similar nature as far as in our power from occuring again, The Commander in Chief directs, that all the officers on the ground see that their men observe the Instructions of the Quarter Master General in the formation of their huts. That they be roofed with boards, slabs or large shingles; That the men be not suffered to dig into the ground (except so far as to level the surface) or to cover their huts with earth or turf.
The officers will likewise see that their men erect bunks or births to keep them off the ground and proper conveniencies in their huts for the purpose of preserving their Arms and Accoutrements from being damaged.
Head Quarters, Camp Middle Brook, Tuesday, December 15, 1778.
Parole Plutarch. Countersigns Quincy, Russell.
The regimental Pay Masters are to call on the Pay Master General for the Month of October's Pay.
Head Quarters, Camp Middle Brook, Wednesday, December 16, 1778.
Parole Southborough. Countersigns Tudor, Ulster.
Major General Lord Stirling is to take the command of the three Virginia Brigades.
The regimental Pay Masters are to bring in their Pay Rolls to the Pay Master General for November when they apply for October's Pay.
Head Quarters, Camp Middle Brook, Thursday, December 17, 1778.
Parole Vandalia. Countersigns Wales, Yarmouth.
All the Artillery attached to the Brigades in this Camp are as soon as the weather will permit to join the Park at Pluckimin.
The Commissary of hides is hereafter carefully to deposit all the horns of the Cattle killed for the Army with the Commissary of Military Stores, who is hereby directed to have them converted into Powder horns for the use of the troops as fast as they are delivered him. The strictest attention to the execution of this order is expected.
Head Quarters, Camp Middle Brook, Friday, December 18, 1778.
Parole Alcebiades. Countersigns Bangor, Cyrus.
The honorable the Congress have been pleased to pass the following resolutions:
November 24, 1778.
Congress took into consideration the report of the committee of arrangement and thereupon came to the following resolution:
Whereas the settlement of rank in the army of the United States has been attended with much difficulty and delay, inasmuch as no general principles have been adopted and uniformly pursued:
Resolved therefore, That upon any dispute of rank the following rules shall be hereafter observed:
1. For determining rank in the continental line between all colonels and inferior officers of different states, between like officers of infantry and those of horse and artillery, appointed under the authority of Congress, by virtue of a resolve of the 16 September, 1776, or by virtue of any subsequent resolution prior to the 1 January, 1777; all such officers shall be deemed to have their commissions dated on the day last mentioned and their relative rank with respect to each other, in the continental line of the army shall be determined by their rank prior to the 16 day of September, 1776. This rule shall not be considered to affect the rank of the line within any State or within the corps of artillery, horse, or among the sixteen additional battalions, where the rank hath been settled; but shall be the rule to determine the relative rank within the particular line of artillery so far as the rank remains unsettled.
2. In the second instance preference shall be given to commissions in the new levies and flying camp.
3. In determining rank between continental officers, in other respects equal, proper respect shall be had to their commissions in the militia, where they have served in the continental army for the space of one month.
4. All colonels and inferior officers appointed to vacancies since the 5th day of January 1777, shall take rank from the right of succession to such vacancies.
5. In all cases where the rank between two officers of different states is equal, between an officer of state troops and one of cavalry, artillery, or of the additional battalions, the precedence is to be determined by lot.
6. All officers who have been prisoners with the enemy, being appointed by their State, and again enter into the service, shall do it agreeably to the above rule, that is to say: All of the rank of captain, and under, shall enter into the same regiment to which they formerly belonged; and if the Regiment is dissolved or otherwise reduced, they shall be intitled to the first vacancy in any regiment of the State in their proper rank, after the officers belonging to such regiment have been provided for.
7. The rules of rank above laid down between officers of different states, are to govern between officers of the same State, except in cases where the State may have laid down a different rule or already settled their rank.
8. A resignation shall preclude any claim of benefit from former rank and under a new appointment.
Whereas from the alteration of the establishment and other causes, many valuable Officers have [been] and may be omitted in the new arrangement, as being supernumerary, who, from their conduct and services, are entitled to the honourable notice of Congress, and to a suitable provision until they can return to civil life with advantage:
Resolved therefore, that Congress gratefully acknowledge the faithful services of such officers, and that all supernumerary officers be entitled to one year's pay of their commissions respectively, to be computed from the time such officers had leave of absence from the Commander in Chief on this account. And Congress do earnestly recommend to the several states to which such officers belong, to make such farther provision for them as their respective circumstances and merits entitle them to.
Whereas it will be for the benefit of the service that some rule for promotions be established: therefore, Resolved, That it be recommended to the several states to provide, that in all future promotions Officers rise regimentally to the rank of captain, and thence in the line of the state to the rank of colonel, except in cases where a preference may be given on account of distinguished merit.
Resolved, That all officers who have been in the service, and having been prisoners with the enemy, now are or hereafter may be exchanged or otherwise released, shall, if appointed by the authority of the State, be intitled, in case of vacancy, to enter into the service of their respective State in such rank as they would have had if they had never been captured; provided always, that every such officer do, within one month after his exchange or release, signify to the authority of the State to which he belongs, his release and his desire to enter again into the military service: That every officer so released, and giving notice as aforesaid, shall, until entry into actual service, be allowed half pay of the commission to which by the foregoing resolve he stands entitled; provided always, that in case of his receiving any civil office of profit, such half pay shall thenceforth cease.
Resolved, That no brevets be for the future granted, except to officers in the line or in case of very eminent services.
Resolved, That pay masters, not being of the rank of captains, quarter masters and adjutants, be entitled to receive 20 dollars per month subsistence money in lieu of rations.
Resolved, That all officers and persons employed on the staff shall receive for subsistence money, one-third of a dollar for each extra ration heretofore allowed them.
Resolved, That adjutants, pay masters and quarter masters, taken from the line, be again admitted into the rank they would have been entitled to, had they continued in the line: and such adjutants, pay masters and quarter masters, not taken from the line, may be admissible into the line, in such subaltern ranks as, by a signed certificate from the field officers of their respective corps, they shall be deemed competent to. 65
[Note:These resolves do not here follow the exact order in which they are entered in the Journals of the Continental Congress . The word in brackets is in the resolve as copied in the orders. ]
December 10, 1778.
Resolved, That the 12 months' pay allowed to supernumerary officers of the army, by a resolution of Congress the 24 November last, be made up in the pay rolls of the regimental pay masters, and drawn from them by the said officers respectively.
Head Quarters, Camp Middle Brook, Sunday, December 20, 1778.
Parole Grantham. Countersigns Howe, Ireland.
Captain Samuel King 5 of Colo. Marshall's Regiment is appointed Aid de Camp to The Baron De Kalb, vice Major Rogers 6 resigned.
[Note:Of the Tenth Massachusetts Regiment. He served as aide to De Kalb until the latter was killed at Camden, S.C., in August, 1780. King himself was killed at Guilford Court House in March, 1781. ]
[Note:Maj. Nicholas Rogers. He had served as aide to Du Coudray; was brevetted lieutenant colonel by Congress on Dec. 10, 1778; resigned the same day. ]
The regimental Surgeons are reminded of the standing order to make returns of their sick every Monday to the principal surgeon of the Flying Hospital present and that no sick be sent from Camp to the General Hospital without his certificate.
The Director General of the Flying Hospital quarters [is] at Mr. Field's, Bound Brook.
Head Quarters, Middle Brook, Tuesday, December 22, 1778.
Parole Narraganset. Countersigns Otis, Portsmouth.
At a General Court Martial whereof Majr. Genl. Lord Stirling was President, held the 4th. of July last at Brunswick and at other times and places afterwards by Adjournment for the trial of Majr. Genl. Lee on the following charges:
First: For disobedience of orders in not attacking the Enemy on the 28th. of June agreeable to repeated instructions.
Secondly: For Misbehaviour before the Enemy on the same day by making an unnecessary, disorderly and shameful Retreat.
Thirdly: For disrespect to the Commander in Chief in two Letters dated the 1st. of July and the 28th. of June.
The Court passed sentence on the Case in the following Words: "The Court having considered the first Charge against Major General Lee, the Evidence and his defence, are of opinion that he is guilty of disobedience of Orders in not attacking the Enemy on the 28th. of June agreeable to repeated instructions; being a breach of the latter part of Article 5th. section 2nd. of the Articles of War.
The Court having considered the second Charge against Major General Lee, the Evidence and his defence, are of opinion he is guilty of Misbehaviour before the Enemy on the 28th. of June by making an unnecessary, and in some few instances a disorderly retreat, being a breach of the 13th. Article of the 13th. Section of the Articles of War.
The Court having considered the third charge against Major General Lee, are of opinion that he is guilty of disrespect to the Commander in Chief in two letters dated the 1st of July and 28th. of June, being a breach of the 2nd. Article, section 2nd. of the Articles of War.
The Court do sentence Major General Lee to be suspended from any command in the Armies of The United States of North America for the term of twelve Months.
The Honorable the Congress have been pleased to confirm the foregoing sentence as follows:
In Congress, December 5, 1778.
Resolved, "That the sentence of the general court martial upon Major General Lee, be carried into execution."
At a General Court Martial whereof Majr. General Lincoln was President held at White Plains the 23rd. of August last for the trial of Majr. Genl. St. Clair on the following charges:
First: With Neglect of duty under the 5th. Article of the 18th. section of the rules and Articles of War.
Second: With Cowardice, with Treachery, with Incapacity as a General, respectively, under the 5th. Article of the 18th. section of the rules and articles of War.
Third: With Treachery, under the 5th. Article of the 18th. section of the rules and articles of War.
Fourth: With inattention to the Progress of the Enemy, with Treachery, with Incapacity as a General respectively, under the 5th. Article of the 18th. section of the Rules and Articles of War.
Fifth: With shamefully abandoning the Post of Ticonderoga and Mount Independence in his charge, under the 12th. Article of the 13th. section of the rules and articles of War.
The Court passed sentence on this case in the following words: "The Court having duly considered the charges against Major General St. Clair and the evidence, are unanimously of opinion that he is not guilty of either of the charges against him and do unanimously acquit him of all and every of them with the highest Honor."
The Honorable, The Congress have been pleased to confirm the above sentence as follows:
In Congress, December 16, 1778.
Resolved, "That the sentence of the general court martial, acquitting Major General St. Clair, with the highest honor, of the charges exhibited against him, be, and is hereby confirmed."
At a General Court Martial held at the White Plains whereof Major General Lincoln was President for the trial of Major General Schuyler:
The Court having considered the charge against Major General Schuyler, the evidence and his defence, are unanimously of opinion that he is not guilty of "Any Neglect of duty in not being at Ticonderoga as charged," and the Court do acquit him with the highest Honor.
The Honorable, The Congress have been pleased to confirm the above sentence as follows:
In Congress, December 3, 1778.
Congress took into consideration the proceedings of the court martial in the trial of Major General Schuyler; Whereupon,
Resolved, That the sentence of the general court martial acquitting Major General Schuyler, with the highest honor, of the charges exhibited against him, be, and is hereby, confirmed.
The Honorable The Congress having been pleased by their Proclamation of the 21st. of November last to appoint Wednesday the 30th. instant as a day of Thanksgiving and Praise for the great and numerous Providential Mercies experienced by the People of These States in the course of the present War, the same is to be religiously observed throughout the Army in the manner therein directed, and the different Chaplains will prepare discourses suited to the Occasion.
In consideration of the exhausted State of the Country on this communication with respect to Forage, the necessary supplies of which will be with the greatest difficulty procured, after all the care, industry and oeconomy that can be used; The Commander in Chief has directed the Quarter Master General to send away from camp all the public horses that in his opinion can possibly be spared from the ordinary service of the Army. In addition to this precaution as in a stationary Camp much fewer horses will be wanted by the officers of the line in execution of the duties of their respective stations than at other times, the General particularly requests, that the General Officers will retain no more horses in camp for the use of themselves and their suites than are absolutely necessary, and that the Field Officers do endeavour to make one horse a piece suffice; The other regimental officers who are entitled to keep horses will be able to dispense with them during the Winter.
The same recommendation extends to all the staff officers entitled to keep horses, to which the General requests the attention of the heads of the several departments. The Commissary of Forage will receive the supernumerary horses and have them well provided for at a convenient place at some distance from Camp.
A Brigadier and Field Officers for the day are to be appointed. They will see the Pickets properly posted, visited and superintend the police and discipline of the camp as usual.
A Captain, two Subs, three Serjeants, a Drum and Fife and Fifty Rank and File to be sent to Bonam Town as an advanced Picket to be reliev'd every Monday 'till further orders. The Officer commanding it will receive his instructions from the Adjutant General.
GENERAL ORDERS 16
[Note:Washington left Middlebrook to wait on Congress Dec. 22, 1778, and arrived in Philadelphia that same day. He remained in that city until Feb. 2, 1779, and arrived in Middlebrook on February 5.
The command of the Army during his absence from Middlebrook devolved upon Lord Stirling. The General Orders of this period have been, as heretofore, included for the sake of keeping this record complete and also because they are entered in the Varick Transcripts, in the Library of Congress, of Washington's General Orders, without explanation for their inclusion. ]
Head Quarters, Middle Brook, Wednesday, December 23, 1778.
Parole Quebec. Countersigns Random, Sarum.
The Troop to beat at nine o'Clock and the guard to be on the Grand Parade (which is assigned in the Common opposite to the road leading to Genl. Greene's Quarters) precisely at eleven 'till further orders.
The Body of a Person supposed to have been a servant of Major Hamilton's 17 was found drowned in the Rariton. If any Person knows who has the Watch and Money found upon said Body, he is requested to give information thereof at the Orderly Office.
[Note:Maj. James Hamilton, of the Second Pennsylvania Regiment. He retired in January, 1783. ]
The present State of the Field Officers belonging to the Brigades now on the ground to be delivered in tomorrow at orderly time.
Head Quarters, Middle Brook, Thursday, December 24, 1778.
Parole Tobago. Countersigns Venlo, Wakefield.
The Troops after having provided themselves with sufficient timber for hutting are to cut down no more green standing timber for firewood, until the logs, tops and old fallen timber be first used for that purpose.
The wise and proper orders that have been issued from time to time by His Excellency General Washington in this Army have already produced such good effects that there can be no doubt that the whole Army of whatever rank or station will use their utmost endeavours to see them carried into execution, particularly to the comfortable hurting the Army; and in order that it may be more comfortably effected, it is particularly recommended to the commanding Officers of Brigades to see that ditches are made upon the upper side of every row of huts where on descending ground at about three feet distance from them, and at every convenient place to make other ditches so as to carry off the water in front; This observed will secure the troops from any inundation of water and much contribute to the health and convenience of the whole Camp. It is also recommended to the commanding Officers of Brigades to see that no obstructions of whatever kind are left in the streets of their Encampments and that a good Parade in front of the Brigade be made clear of every incumbrance for parade duty. No firing or discharging of pieces, on any pretence whatever is to be suffered except at particular hours, which will be made known to the Army.
The People of the Country are not to hunt or fire in the neighborhood of the Camp; Whoever finds delinquents in this case will bring the Persons and Their Arms to Head-Quarters.
The whole Army to observe the strictest regularity and decency in their behaviour to the People of the Country. Officers are desired to use their utmost endeavours to detect and bring to punishment Marauders of every kind.
Head Quarters, Middle Brook, Friday, December 26, 1778.
Parole Witney. Countersigns York, Zell.
All the Cartridges now with the men to be delivered up to the Regimental Quarter Masters who will have the damaged ones selected and delivered in to the Brigade Quarter Masters respectively, to whom they will make returns for a sufficient number to make up forty rounds pr man, including the good ones on hand which they are to keep by them ready to issue.
Head Quarters, Middle Brook, Sunday, December 28, 1778.
Parole Brutus. Countersigns Berwick, Beverly.
Captain Kirkpatrick 29 of the 4th. Virginia Regiment is appointed Brigade Major in General Scott's Brigade, from the 15th. of October last and is to be respected accordingly.
[Note:Capt. Abraham Kirkpatrick. He was transferred to the First Virginia Regiment in February, 1781, and served to close of the war. ]
Lieutt. Abraham Hite 30 and Lieutt. John Bowen 31 of the 8th. Virginia Regiment are appointed the first Pay Master and the second Adjutant of the same.
[Note:He was made captain m April, 1779; taken prisoner at Charleston, S.C., in May, 1780, and prisoner on parole to end of the war. ]
[Note:He was taken prisoner at Charleston and retired in January, 1783. ]
Head Quarters, Middle Brook, Monday, December 29, 1778.
Parole Cato. Countersigns Camden, Campbell.
All officers, intitled to keep horses, who will send them to a distance from camp, where they may have a better supply of Forage than in Camp shall have the expence paid by the Forage age Master General.
The many positive orders relative to the preservation of the Inhabitants' fences and Property renders it painful to the Commander in Chief at this Post to repeat them; but the frequent complaints which are daily exhibited to him of the wanton destruction of inclosures, made by the soldiers, compells him to urge officers of all ranks to search out and bring to severe and immediate punishment every soldier who shall presume to burn or otherwise destroy rails, or any part of the Farmers' inclosures. Honor and Humanity dictate that we should carefully preserve the property of our fellow Citizens.
Head Quarters, Middle Brook, Tuesday, December 30, 1778.
Parole Daun. Countersigns Dee, Dennis.
Colo. Beauford 36 is appointed to visit and superintend the Hospitals in Jersey. He will apply at the Orderly Office tomorrow for instructions.
[Note:Col. Abraham Buford, of the Eleventh Virginia Regiment. He was transferred to the Third Virginia Regiment in February, 1781, and served to close of the war. ]
Head Quarters, Middle Brook, Wednesday, December 31, 1778.
Parole Edward. Countersigns Edom, Esk.
The Tents and Markees which are public property are to be delivered in to the Quarter Master General's Store as soon as the Officers and men are hutted; Likewise the tools which were delivered out for the purpose of building huts.
The Regimental Pay Masters will make out returns of the Blankets wanting in their respective Regiments early tomorrow morning and deliver them to the Brigade Majors, who are to digest them into Brigade returns and deliver them in at Orderly time tomorrow.
Head Quarters, Middle Brook, January 1, 1779.
Parole Happy. Countersigns New, Year.
The Brigade Commissaries are to deliver their Hides and Tallow to the Commissary of Hides at Bound Brook at least once a week, taking his receipt for the same, and the Commissary of Hides will issue upon the order of the Commandant of Brigades what number of hides may be necessary to exchange for shoes for the use of their respective Brigades; provided that demand does not exceed the number delivered in.
The Officer of the day will in the tour of his duty pay a particular attention to the order of the camp and forbid Tippling Houses within it's Vicinity: No Person is permitted to sell liquor except such as are capable of giving decent entertainment to passengers, or specially authorized, upon penalty of forfeiting their liquors, which will be appropriated for the use of the Army.
No soldier is to be out of his quarters after dark; no person is to entertain them after that time under any pretence.
Lieutenant William Bruce 50 and Ensign Samuel Hanson 51 both of the 5th. Maryland Regiment are appointed the 1st, Adjutant from the 6th. day of June, and the 2nd., Quarter Master from the 1st. of October 1778, to said Regiment.
[Note:He was made captain in August, 1780; retained in the Maryland Battalion in April, 1783; served to November of that year. ]
[Note:He was made lieutenant in July, 1779, and retired in April, 1783. ]
Head Quarters, Middle Brook, January 4, 1779.
Parole Hiram. Countersigns Hermon, Henly.
The commanding Officers of Brigades are to make report of their huts and how far completed as soon as possible.
Head Quarters, Middle Brook, January 5, 1779.
Parole Ireton. Countersigns Iller, Ill.
As passing over Rye and Wheat Fields will prove very prejudicial to the inhabitants and ruin their crops, all officers are called upon to prevent as far as possible such pernicious practices and bring to condign punishment such as transgress.
Head Quarters, Middle Brook, January 7, 1779.
Parole Lysander. Countersigns Lubon, Lue.
The Clothier General is immediately to deliver out to the respective regiments any deficiencies of the proportion of clothing allowed at Frederick's burgh: When that is completed, the commanding officers of Brigades are to make returns in to the Orderly Office of whatever then will be deficient.
Head Quarters, Middle Brook, January 8, 1779.
Parole Montgomery. Countersigns Milo, Milton.
At a General Court Martial held near Fish Kill, November 9th. 1778, Colonel John Neville, 71 President:
[Note:Of the Fourth Virginia Regiment. He served to the close of the war. ]
Colonel Thomas Price, 72 commanding the 2nd. Maryland Regiment, was tried on the following charges, viz.
[Note:He resigned in April, 1780. ]
1stly. Cowardice on York Island in the face of the Enemy.
2ndly. Disgraceful behaviour in refusing to take command, at Hackinsack, of the regiment late Smallwood's when ordered to Fort Lee.
3rdly. Scandalously leaving Hackinsack at 12 o'Clock at night, when raining, on the report of the enemies approach.
4thly. Disgracefully leaving Kingston on the approach of the enemy.
5thly. Cowardice at Brandewine.
6thly. Cowardice at Germantown.
7thly. Ungentlemanlike behaviour in not complying with his promise, to leave the service, made at a court of Inquiry at White Marsh, by which he induced many of the Witnesses thro' compassion to suppress their evidence.
After maturely considering the charges and evidence and defence, The Court doacquit Colonel Thomas Price of the 4th. 5th. and 6th. charges; They also acquit him with honor of the 1st. 2nd. 3rd. and 7th. charges.
Major General Lord Stirling, Commander in Chief in the Jersies, confirms the sentence of the Court and orders Colonel Price to be released from his Arrest.
Lieutenant Robert Porterfield 73 of the 7th. Virginia Regiment is to do the duty of Brigade Major 'till further orders in General Woodford's Brigade, Brigade Major Porterfield 74 being absent.
[Note:He was promoted to captain-lieutenant in July, 1779; captain in August, 1779; taken prisoner at Charleston, S.C., in May, 1780; exchanged in December, 1780; transferred to the Second Virginia Regiment in February, 1781; served to close of the war. ]
[Note:Brigade Maj. Charles Porterfield. He resigned in July, 1779; was made lieutenant colonel of a Virginia State regiment in August, 1779; wounded and taken prisoner at Camden, S.C., in August, 1780; died of his wound in October, 1780. ]