>TO THE PRESIDENT OF CONGRESS
Head Quarters, Head Quarters,Morristown, Thursday, April 6, 1780
GENERAL ORDERS
Head Quarters Morristown, Thursday, April 6, 1780
Parole Syntax. Countersigns Tanner, Thrasher.
At a General Court Martial whereof Major General Howe was President, held on the Ist. of June last at Middle Brook and afterwards at Morristown from the 23rd. of December to the 26th. of January, in consequence of a resolution of the honorable the Congress, for the trial of Major General Arnold on the following Articles contained in the proceedings of the Executive Council of the State of Pennsylvania at the City of Philadelphia the 3rd. of February 179. Vizt.,
First. "That while in the Camp of General Washington at Valley Forge last spring, he gave permission to a Vessel belonging to persons then voluntarily residing in this City, with the enemy, and of disaffected characters to come into a Port of the United States without the knowledge of the authority of the State or of the Commander in Chief tho' then present.
2nd. In having shut up the Shops and stores on his arrival in the City, so as even to prevent officers of the army from purchasing, while he privately made considerable purchases for his own benefit as is alledged and believed.
3rd. In imposing menial offices upon the sons of Freemen of this State, when called for by the desire of Congress, to perform militia cluty, and when remonstrated to hereupon, justifying himself in writing upon the ground of having power so to do. For that when a citizen assumed the character of a soldier, the former was intirely lost in the latter, and that it was the duty of the militia to obey every order of his Aids (not a breach of the laws and constitution) as his (the General's) without judging ot the propriety of them.
4th. The appropriating the waggons of this State, when called forth upon a special emergency last autumn, to the trans~uraaYion oL private property and that of Persons who voluntarily remained with the enemy last winter, and were deemed disa~ected to the Interests and Independence of America."
The Court passed the following sentence:
The Court having considered the several charges exhibited against General Arnold, the evidence produced on the trial and his defence are of opinion with respect to the first charge: That he gave permission for a vessel to leave a port in possession of thc enemy, to enter into a port in the United States; which permission circumstances as he was, they are clearly of opinion he had no right to give, being a breach of article 5th., section 18th. Of the rules and articles of war.
Respecting the 2nd. charge, that althogh it has been fully proved that the shops and stores were shut by General Arnold's orders on his arrival at Philadelphia, they are of opinion that
he was justifiable in the order, by the resolution of Congress of the 5th. of June 1778, and His Excellency, the Commander in Chief; instructions of the 18th. of June 1778. And with respect to the latter part of the same chatge, "The Tuaking considerable purchases while the shops and stores were shut," they are clearly of opinion that it is entirely unsupported and they do fully acquit General Arnold of it.
They do acquit General Arnold of the third charge. i Respecting the 4th. charge, it appears to the court that General Arnold made application to the Deputy Quarter Master General to supply him with waggons to remove property then in imminent danger from the enemy; that Waggons were supplied him by the Deputy Quarter Master General on this application which had been drawn from the state of Pennsylvania for the public service; and it also appears that General Arnold intended this application as a private request, and that he had no design of employing the waggons otherwise than at this private expence, nor of defrauding the public, nor injuring or impeding the public service; but considering the delicacy attending the high station in which the General acted, and that requests from him might operate as commands, they are of opinion the request was imprudent and improper and that therefore it ought not to have been made.
The Court in consequence of their determinations respecting the first and last charges exhibited against Majr. General Arnold, do sentence him to receive a reprimanded from His Excellency the Commander in Chief.
The Honorable the Congress have been pleased to confirm the foregoing sentence by the following resolution lately received.
In Congress, February l2th.,1780 Congress resumed the consideration of the proceedings of the court martial on the trial of Major General Arnold, and the same being gone through; A motion was made . . . that the sentence of the court be confirmed.
The Commander in Chief would have been much happier in an occasion of bestowing commendations on an officer who has rendered such distinguished services to his Country as Major General Arnold; but in the present case a sense of duty and a regard to candor oblige him to declare, that he considers his conduct in the instance of the permit as peculiarly reprehensible, both in a civil and 1llilitary view, and in the affair of thc waggons as "Imprudent and improper."
The Honorable the Congress having been pleased by their proclamation of the 1Ith. of last month to appoint wednesday the sEnd. instant to be set apart and observed as a day of Fasting Humiliation and Prayer, for certain special purposes tllerein mentioned, and recommended that there should be no labor or recreations on that day; The same is to be observed accordingly throghout the Army and the different Chaplins will prepare discourses suited to the several objects enjoined by the said Proclamation.
Head Quarters Morristown, Thursday, April 6, 1780
Parole Syntax. Countersigns Tanner, Thrasher.
At a General Court Martial whereof Major General Howe was President, held on the Ist. of June last at Middle Brook and afterwards at Morristown from the 23rd. of December to the 26th. of January, in consequence of a resolution of the honorable the Congress, for the trial of Major General Arnold on the following Articles contained in the proceedings of the Executive Council of the State of Pennsylvania at the City of Philadelphia the 3rd. of February 179. Vizt.,
First. "That while in the Camp of General Washington at Valley Forge last spring, he gave permission to a Vessel belonging to persons then voluntarily residing in this City, with the enemy, and of disaffected characters to come into a Port of the United States without the knowledge of the authority of the State or of the Commander in Chief tho' then present.
2nd. In having shut up the Shops and stores on his arrival in the City, so as even to prevent officers of the army from purchasing, while he privately made considerable purchases for his own benefit as is alledged and believed.
3rd. In imposing menial offices upon the sons of Freemen of this State, when called for by the desire of Congress, to perform militia cluty, and when remonstrated to hereupon, justifying himself in writing upon the ground of having power so to do. For that when a citizen assumed the character of a soldier, the former was intirely lost in the latter, and that it was the duty of the militia to obey every order of his Aids (not a breach of the laws and constitution) as his (the General's) without judging ot the propriety of them.
4th. The appropriating the waggons of this State, when called forth upon a special emergency last autumn, to the trans~uraaYion oL private property and that of Persons who voluntarily remained with the enemy last winter, and were deemed disa~ected to the Interests and Independence of America."
The Court passed the following sentence:
The Court having considered the several charges exhibited against General Arnold, the evidence produced on the trial and his defence are of opinion with respect to the first charge: That he gave permission for a vessel to leave a port in possession of thc enemy, to enter into a port in the United States; which permission circumstances as he was, they are clearly of opinion he had no right to give, being a breach of article 5th., section 18th. Of the rules and articles of war.
Respecting the 2nd. charge, that althogh it has been fully proved that the shops and stores were shut by General Arnold's orders on his arrival at Philadelphia, they are of opinion that
he was justifiable in the order, by the resolution of Congress of the 5th. of June 1778, and His Excellency, the Commander in Chief; instructions of the 18th. of June 1778. And with respect to the latter part of the same chatge, "The Tuaking considerable purchases while the shops and stores were shut," they are clearly of opinion that it is entirely unsupported and they do fully acquit General Arnold of it.
They do acquit General Arnold of the third charge. i Respecting the 4th. charge, it appears to the court that General Arnold made application to the Deputy Quarter Master General to supply him with waggons to remove property then in imminent danger from the enemy; that Waggons were supplied him by the Deputy Quarter Master General on this application which had been drawn from the state of Pennsylvania for the public service; and it also appears that General Arnold intended this application as a private request, and that he had no design of employing the waggons otherwise than at this private expence, nor of defrauding the public, nor injuring or impeding the public service; but considering the delicacy attending the high station in which the General acted, and that requests from him might operate as commands, they are of opinion the request was imprudent and improper and that therefore it ought not to have been made.
The Court in consequence of their determinations respecting the first and last charges exhibited against Majr. General Arnold, do sentence him to receive a reprimanded from His Excellency the Commander in Chief.
The Honorable the Congress have been pleased to confirm the foregoing sentence by the following resolution lately received.
In Congress, February l2th.,1780 Congress resumed the consideration of the proceedings of the court martial on the trial of Major General Arnold, and the same being gone through; A motion was made . . . that the sentence of the court be confirmed.
The Commander in Chief would have been much happier in an occasion of bestowing commendations on an officer who has rendered such distinguished services to his Country as Major General Arnold; but in the present case a sense of duty and a regard to candor oblige him to declare, that he considers his conduct in the instance of the permit as peculiarly reprehensible, both in a civil and 1llilitary view, and in the affair of thc waggons as "Imprudent and improper."
The Honorable the Congress having been pleased by their proclamation of the 1Ith. of last month to appoint wednesday the sEnd. instant to be set apart and observed as a day of Fasting Humiliation and Prayer, for certain special purposes tllerein mentioned, and recommended that there should be no labor or recreations on that day; The same is to be observed accordingly throghout the Army and the different Chaplins will prepare discourses suited to the several objects enjoined by the said Proclamation.