Chapter II: Part 2

Thirdly with the greatest Respect to Congress they had not the
least Right to take cognizance of the Crimes enumerated in my
complaint, for the truth of this assertion I beg leave to refer
them to the military Laws by them compiled and instituted for the
Regulation of the Army, which are the only security and
protection of the Officers and Soldiers belonging to the same,
consequently no other Court or Tribunal would have any Right to
take cognizance of the Crimes enumerated but that of a Court
Martial, and therefore the trial of the Genl. above recited was
strictly a nullety to all intents and purposes it being Coram non
Judice. However should Congress be of a Different opinion with
respect to this Matter, and that that the Trial of Genl. Arnold
was legal & constitutional, he then expects that Congress will
give him the same indulgence and latitude, and that he may be
heard by congress on the subject of his Impeachment of Genl.
Arnold, in which Case the General's presents & witnesses will not
be necessary. Your Petitioner therefore esteems it as a very
great grieveance that the Honle. Congress by the trial aforesaid
have resolved and published and authorised Genl. Arnold to
publish to the World that he your Petitioner has been guilty of
making and publishing false and groundless aspertions agt. a
general Officer, when at the same time every article in the
Complaint was sacredly true, and would have been proved so had a
proper tribunal been obtained, of which Genl. Arnold was well
apprised. 'Tis possible that Genl. Arnold might have suggested to
Congress that your Petitioner was not an Officer at the time of
trial afd. as to this Matter your Petitioner has not as yet been
informed whether his Resignation has been accepted or not, indeed
he cannot suppose it compatible with the Wisdom Dignity and
Justice of Congress to descharge any of their Officers for the
Reason set forth in your Petitioners Letter accompanying his
Resignation as he then stood impeach'd to Congress by the same
Genl. Arnold of every high Crimes which if true effected the
Reputation of the united States and Genl. Arnold's sacred
Character stood then impeached by your Petitioners of thirteen
capital Charges, which in the opinion of those most knowing would
have effected the life of a more honest Man, in consequence of a
proper trial before a generous Court Martial--on these
considerations your Petitioner presumes his Resignation was not
accepted but on Supposition it was, yet your Petitioner conceives
that to make no material odds, as it can not be presumed that
congress would try a Citizen without a hearing, whatever they may
imagine their authority to be. However let this matter be as it
may Congress are sensible that your Petitioner notwithstanding
the most flagrant abuses received was not out of Service from the
commencement of the War untill the reduction of the british Army
under the Commandg genl. Burgoyne, in which he challenges to
himself some show [?] of merit since no one else (to his
knowledge) has been willing to give it him.

Your Petitioner is sensible that Congress at the time of Genl.
Arnold's application for a trial were imbarrassed on all
Quarters, and no doubt laboured under high prejudices with
Respect to your Petitioners Character owing perhaps to the
Representations made them by Genl. Gates, who 'tis possible has
been mistaken to his Sorrow with respect to his Friend--which
prejudices your Petitioner hopes time and events have eradicated,
he therefore can assure Congress, that he hopes and wishes for
nothing more than common justice altho the History of the War and
his present infirmities received therein, might entitle him to
something more. But to stand conviction by a Decree of Congress
of publishing cruel and groundless assertions or Libels without a
hearing when actually fighting for Liberty is intolerable in a
free Country and has a direct tendency to check the ambition,
and even disaffect those Men by whose wisdom Valour and
perseverance America is to be made free, not to mention the
dangerous president such trials may afford. Your Petitioner
therefore implores Congress to reconsider their determination on
the impeachment of Genl. Arnold, as there cannot at this Day
remain a possibility of Doubt but that the same was premature,
and furnished Genl. Arnold with a foundation to establish a
Character on the Ruins of a Man who to speak moderately has
rendered his Country as essential [?] Service as that Donquixote
Genl. whose reasons for evading a trial at a proper tribunal are
very obvious and fully set forth in my impeachment & which the
Genl. has had his pretended trial by which impeachment it fully
appears that Genl. Arnold was resqued from Justice by mere dint
of unlawfull authority exercised by Genl. Gates.

Your Petitioner relying on the Wisdom and Justice of Congress
begs leave to submit [?] himself most Respectfully their very
obedt. Humble Svt.

JNO. BROWN.
Petition [?]
9th June 1779 Honle JNO. JAY Esq.
Presidt. Congress

NOTE 4.

§1. MILITARY RECORD OF JOHN BROWN.

_First._ Fourteen (14) days in Ticonderoga expedition, engaged in capture. (See "Connecticut in Revolution," p. 32.)

_Second._ _Major_, Colonel Easton's Regiment, service from May 10, 1775, to December 30, 1775, in list of men who marched to Canada. (See "Massachusetts Soldiers and Sailors," vol. ii. p. 642.)

_Third._ _Major of the New York Line, Additional Corps_, Green Mountain Boys. "Major Brown's detachment in Genl. Arnold's Regiment." Colonels Ethan Allen and Seth Warner, Quebec, 1776. (See "New York in the Revolution," vol. i. p. 61.) On list sent Provincial Congress of New York, 4 July, 1775.

_Fourth._ _Lieutenant-colonel._ Colonel Samuel Elmore's Regiment, raised for one year from Connecticut and Massachusetts, appointed by Congress July 29, 1776, resigned March 15, 1777. Regiment took field July, 1776, under General Schuyler. August 25, marched from Albany into Tryon County. Posted remainder of term at Fort Stanwix. Broke up in spring of 1777. (See "Connecticut in Revolution," p. 113.) The Massachusetts roll states that John Brown was among the men who went to German Flats April 1, 1776, and was discharged May 18, 1777. Service, thirteen months, eighteen days.

_Fifth._ _Colonel Third Berkshire Regiment._ Commissioned April 4, 1777. Services in Northern Department not stated. April 14, 1780, further appointment as Colonel. Service, three months, five days. Killed October 19, 1780. (See Massachusetts Rolls.)

The above memoranda are imperfect, but I print them from printed records. I have not searched the original sources, believing the public officials have done all that could be done.

§2. COLONEL JOHN BROWN'S COMMAND JULY 14, 1780, TO OCTOBER 19, 1780.

_Claverack to Stone Arabia, N.Y._

Colonel, John Brown.
Major, Oliver Root.
Adjutant, James Easton, Jr.
Quartermaster, Elias Willard.
Surgeon, Dr. Oliver Brewster.

CAPTAIN WILLIAM FOORD'S COMPANY.

Foord, William, _captain_.
Spencer, Alpheus, _lieutenant_.
Pearson, Abel, _lieutenant_.
Benden, Timothy, _sergeant_.
Rothborn, Daniel, _sergeant_.
Sloson, Eleazer, _sergeant_.
Wheaton, Samuel, _sergeant_.
Barber, James, _corporal_.
Bond, Bartholomew, _corporal_.
Tobie, Nathaniel, _corporal_.
Goodrich, Gilbert, of Lenox, _private_.
Austin, Shubael, _drummer_.
Andrews, Colman, _private_.
Alcock, Stephen, _private_.
Adams, Aaron, _private_.
Burt, Thomas, _private_.
Baker, William, _private_.
Bell, Henry, _private_.
Bateman, Jonathan, _private_.
Blen, Solomon, _private_.
Balding, Oliver, _private_.
Bond, Seth, _private_.
Cumington, John, _private_.
Case, Ezekiel, _private_.
Clarke, David, _private_.
Carlton, Peleg, _private_.
Carlton, Reuben, _private_.
Carter, Elisha, _private_.
Cogswell, Levi, _private_.
Dean, Joel, _private_.
Easton, Calvin, _private_.
Ellison, James, _private_.
Foot, Asahel, _private_.
Gleason, Benoni, _private_.
Goodrich, Nathaniel, _private_.
Gates, Jonah, _private_.
Hatch, William of Nobletown, N.Y., _private_.
Harrison, Asahel, _private_.
Hewitt, Zadok, _private_.
Huet, Jeremiah, _private_.
Hull, Warren, _private_.
Handy, Joseph, of Stockbridge or Lee, _private_.
Hide, Charles, _private_.
Ingraham, Nathan, _corporal_.
Juhel, Joseph, _private_.
Knolton, Thomas, _private_.
Ladd, Joel, _private_.
Lewis, John, _private_.
McKnite, Thomas, _fifer_.
Meres, John, _private_.
Milliken, William, _private_.
McKnight, William, _private_.
Mack, Warren, _private_.
Noble, John, _private_.
North, John, _private_.
Newell, Seth, _private_.
Phelps, John, _private_.
Parks, Nathan, _private_.
Porter, Joseph, Jr., _private_.
Porter, Joseph, Sr., _private_.
Robbins, Jason, _private_.
Reed, Joseph, _private_.
Reed, James, _private_.
Smith, Ezekiel, _private_.
Stearns, Zehiel, _private_.
Stiles, Josiah, _private_.
Stoddard, Philemon, _private_.
Sears, David, _private_.
Tailor, David, _private_.
Tomblin, Moses, _private_.
West, William, _private_.
Wilson, Shubael, _private_.
Woodroof, Amos, _private_.
Wollison, Shubael, _private_.
Thomas (surname undecipherable), _private_.
Dunham, Calvin, _private_.

CAPTAIN LEVI ELY'S COMPANY.

Ely, Levi, _captain_.
Smith, Martin, _lieutenant_.
Fowler, Bildad, of West Springfield, _lieutenant_.
Stiles, Gideon, _lieutenant_.
Smith, Jonathan, _quartermaster sergeant_.
Kendal, William, _sergeant_.
Noble, Jacob, _sergeant_.
Ainsworth, Luther, _private_.
Ashley, James, of Westfield, _private_.
Allen, William, _private_.
Anderson, Samuel, Jr., of Blandford, _private_.
Bruk, Wainwright, _private_, killed.
Bills, William, of Westfield, _private_.
Baird, John, _private_.
Blackwood, Albright, of Soudon, _private_.
Badcock, Nathan, _private_.
Blair, Alexander, _private_.
Church, John, of Westfield, _private_.
Colgrove, Joseph, _private_.
Chapin, John, _private_, killed.
Crooks, James, _private_.
Colhiren, Abner, _private_.
Conners, Abraham, _private_, killed.
Converse, Isaac, _private_.
Crow, John, _private_.
Copley, Matthew, _private_.
Day, Moses, _private_.
Day, Asa, _private_, killed Oct. 19, 1780.
Dewey, Heman, of Westfield, _private_.
Dewey, Oliver, of Westfield, _private_.
Dimmouth, John, _private_, killed Oct. 19, 1780.
Ely, Edmond, _private_.
Farmar, Elisha, _corporal_.
Francis, Aaron, _private_.
Francis, Simeon, _private_.
Gleason, Daniel, _private_, killed Oct. 19, 1780.
Hill, Dan, _private_, killed Oct. 19, 1780.
Hough, Justus, _private_.
Herrick, Ebenezer, _private_.
Haley, William, _private_.
Hubbard, Jonas, _private_, killed Oct. 19, 1780.
Hill, Primus, _private_.
Ingowol, Stephen, _drummer_.
Jones, Judah, _corporal_, killed Oct. 19, 1780.
Jones, Ithamar, _private_.
Kent, Ezekiel, _private_.
Kellegg, Daniel, _private_.
Leonard, Russel, _private_, killed Oct. 19, 1780.
Loomis, Josiah, _private_.
Loyhead, Thomas, _private_, killed Oct. 19, 1780.
Miller, Abner, _corporal_.
Morgan, Simeon, _private_.
Moor, William, _private_.
Mathew, Nathan I., _private_.
Nott, Selden, _private_.
Noble, Paul, of Westfield, _private_.
Noble, Jared, _private_, killed Oct. 19, 1780.
Plumm, Jared, _private_.
Pepper, William, _private_.
Pitts, Gideon, _private_.
Rimington, Jonathan, _private_.
Rogers, Isaac, _private_.
Read, Amos, _private_.
Stewert, Jesse, _corporal_.
Smith, David, _fifer_.
Smith, James, _private_.
Stewart, Moses, _private_.
Shephard, Elijah ?
Taylor, Joseph, _corporal_.
Taylor, Jonathan, _private_.
Taylor, Thomas, _private_.
Vanslow, Justus, _private_.
Worthington, Seth, _sergeant_.
Worriner, Lewis, _corporal_.
Worthington, Stephen, _private_.
Whitney, David, _private_.
Williams, Roswell, _private_.
Walker, John, _private_.
Woodworth, Roswell, _private_.
Woolworth, Samuel, _private_.
Walton, Elijah, _private_.

CAPTAIN JOHN SPOOR'S COMPANY.

Spoor, John, _captain_.
Brooks, Jonathan, of Lanesborough _lieutenant_.
Ball, Isaac, of Stockbridge, _lieutenant_.
Fish, John, _sergeant_.
Jones, William, _sergeant_.
Davis, William, _corporal_.
Edmun, Andrew, _corporal_.
Edy, Briant, _private_.
Foster, Jeremiah, of Williamstown (also given Weston), _corporal_.
Lemmon, Moses, _sergeant_, killed Oct. 19, 1780.
Tylor, Russell, _corporal_.
Jones, Josiah, _fifer_.
Cetcham, Joseph, _drummer_.
Adams, Peter, _private_.
Abbe, John, _private_.
Bennett, Jeremiah, _private_.
Babcock, Jonathan, _private_.
Bradley, Josiah, of Stockbridge, _private_.
Bush, Japhet, _private_.
Bondish, Asa, _private_.
Bigsbey, Peletiah, _private_, killed Oct. 19, 1780.
Barry, John, _private_.
Moses, Charles, of Stockbridge, _private_.
Comstock, Medad, _private_.
Curk, John, _private_.
Chapman, Gershom, _private_.
Calender, Ezekiel, _private_.
Charles, Darius, _private_.
Campbel, Sam, _private_.
Dickerman, Joel, _sergeant_.
Davis, Robert, _private_, killed Oct. 19, 1780.
Dewey, Lalson, of Stockbridge, _private_.
Egleston, Elijah, _private_.
Fuller, Boswell, _private_, discharged September 28.
Fitch, Nat, _private_.
Foster, Jeremiah, Jr., of Williamstown (also given Weston), _private_.
Gaff, Jacob, _private_, killed Oct. 19, 1780.
Giles, James, _private_.
Gregory, "Isband," _private_.
Hubbard, Baley, _private_.
Heart, Leveret, _private_.
Horsford, Ambrose, _private_, killed Oct. 19, 1780.
Hatch, Solomon, _private_, killed Oct. 19, 1780.
Holmes, John, _private_.
Ingersole, Moses, _private_.
King, George, of Sheffield, _private_.
Lorris, Jacob, _private_, killed Oct. 19, 1780.
Meeken, Oliver, _private_, killed Oct. 19, 1780.
Mansfield, Josiah, _private_.
Mash, Abijah, _private_.
Monrsurir, Gabriel, _private_.
Noble, Joseph, _private_, killed Oct. 19, 1780.
Orton, James, _private_.
Pixley, Jonah, _private_.
Pior, Abner, _private_.
Raymond, John, _private_.
Rool, "Hewek," _private_.
Ransom, Elias, _private_.
Root, Roswell, of Sheffield, _private_.
Rool, Stephen, _private_.
Standish, Asa, _private_.
Starr, Thomas, _private_.
Saxton, Jesse, _private_.
Sprague, Barnabas, _private_.
Shearwood, Jonathan, _private_.
Tylor, Bezaleel, _private_.
Winchel, David, _private_.
Watson, Samuel, _private_.
Wright, Miles, _private_.
Winchel, Ephraim, _private_.
Wood, Amaziah, _private_.
Webb, Will, _private_.

CAPTAIN SAMUEL WARNER'S COMPANY.

Warner, Samuel, _captain_.
Norton, Jonathan, _lieutenant_.
Chadwick, Ebenezer, of Tyringham, _lieutenant_.
Tracy, David, _sergeant_.
Jackson, Joshua, _sergeant_.
Brown, Nathaniel, _sergeant_.
Rand, James, _sergeant_.
Greppen, Alpheus, _sergeant_.
Bush, Caleb, of Sandisfield, _corporal_.
Jewet, Joseph, _corporal_.
Down, Stephen, _corporal_.
Powel, Joseph, of Sheffield, _corporal_.
Belton, Stephen, _corporal_.
Griffins, Thomas, _drummer_.
Pope, Gideon, _fifer_.
Noble, Saul, _private_.
Allen, Rufus, _private_.
Bogworth, Frederick, of Sandisfield, _private_.
Bogworth, John, of Sandisfield, _private_.
Brooks, Shadrack, _private_.
Bradle, Isaac, _private_.
Bond, Joseph, _private_.
Brown, Reuben, of New Marlboro, _private_.
Blackmer, Isaac, _private_.
Bird, Amos, of Tyringham, _private_.
Benton, David, Jr., of Sheffield, _private_.
Brookner, Reuben, _private_.
Beckett, William, _private_, killed Oct. 20, 1780.
Boods, Joel R., _private_.
Bradle, Isaac, _private_.
Core, Noah, _private_.
Clark, Reuben, of Sheffield, _private_.
Clark, Wells, _private_.
Cooper, Benjamin, _private_.
Carter, Elisha, _private_.
Cole, Elisha, _private_.
Conch, William, of Sandisfield, _private_.
Comstock, Rufus, _private_.
Callender, Daniel, _private_, received bounty at Sheffield.
Denely, John, _private_.
Dunham, Calvin, _private_.
French, Ebenezer, _private_.
? French, Elisha, _private_.
Graten, Care, _private_.
Gichel, Joseph, _private_.
Gillet, John, _private_.
Glaston, Willard, _private_.
Guild, Orrange, _private_.
Hodg, Daniel, _private_.
Huggins, Joseph, of Sheffield, _private_.
Heath, George, _private_.
Hines, Ezekiel, _private_.
Hoskins, Anthony, _private_.
Hyde, Theophilus, of Sheffield, _private_.
Higgins, Zenas, _private_.
Hatch, Seth, of Bennington, _private_.
Jaqua, Seth, _private_.
Keyes, Elias, _private_.
Kilbernt, Robert, _private_.
Kelegg, Joel, _private_.
Kingsbury, Nathaniel, _private_.
Lummis, Noah, _private_.
Marel, Abner, _private_.
Marcone, Stephen, _private_.
Mack, Warren, _private_.
Orten, Roger, _private_.
Owen, William, of Sheffield, _private_.
Remington, Simeon, _private_.
Rhods, Adam, _private_.
Root, "Rosel," _private_.
Sage, David, _private_.
Smith, Henry, of Sandisfield, _private_.
Spring, Henry, _private_.
Skinner, Samuel, _private_.
Shed, Samuel, _private_.
Shed, Daniel, _private_.
Todge, Elias, _private_.
Turner, Uriah, _private_.
Tuttle, Benjamin, _private_.
Underwood, Silas, _private_.
Warner, Levi, of Sandisfield, _private_.
Warker, Thomas, _private_.
Webster, Daniel, _private_.
Wollen, Moses, _private_.
Whitne, Silas, _private_.
White, Solomon, _private_.
Bradle, Isaac, _private_.
Wording, John M., _private_.

CAPTAIN WILLIAM WHITE'S COMPANY.

White, William, _captain_.
Beckit, Silas, _lieutenant_.
Sprague, John, _lieutenant_.
Day, Elkanah, _sergeant_.
Stearns, Isaac, _sergeant_.
Barker, Ezra, of Lanesborough, _corporal_.
Allen, Benjamin, _corporal_.
Brown, Luther, of Windsor, _fifer_.
Allen, John, _private_.
Arnold, Jonathan, of Hancock, _private_.
Bundee, Elisha, _private_.
Barnes, Asa, Jr., _private_.
Bryant, John, _private_.
Barus, Aaron, _private_.
Briggs, Benjamin, _private_.
Cleaveland, Jedediah, _private_.
Cook, Amasa, _private_.
Coree, Josiah, Jr., _private_.
Chafee, John, _private_.
Coree, Josiah, _private_.
Carpenter, Benjamin, of Hancock, _private_.
Cole, Solomon, _private_.
Cowing, Elisha, _private_.
Cole, William, Jr., _private_.
Doolan, Patrick, _private_.
Eddy, Andrew, _private_.
Gallop, William, _private_.
Hanks, Levi, _private_.
Haringdon, William, _private_.
Holt, Titus, _private_.
Harris, Joseph, _private_.
Hall, Calvin, _private_.
Hill, Gardner, of Hancock, _private_.
Harringdon, Peter, _private_.
McFarling, William, _private_.
Jarvis, Joseph, _private_.
Keeler, James, _private_.
Lewis, Richard, of Lanesborough, _private_, killed October, 1780.
Leanord, Soloman, _private_.
Lusk, Asa, _private_.
McGuire, James, _private_.
Morehouse, Matthew, of Hancock, _private_.
Narramore, Asa, _private_.
Oles, Horace, _private_.
Parker, Charles, _private_.
Pettabone, Amos, _private_.
Pearce, Levi, _private_.
Parker, Philip, _private_.
Parker, Giles, _private_.
Powel, Daniel, of Lanesborough, _private_.
Pettabone, Roger, _private_.
Richardson, Nehemiah, _private_.
Ross, Willard, _private_.
Robbins, Jonathan, _private_.
Reed, Simeon, _private_.
Rice, Daniel, _private_.
Smith, Jonathan, _private_.
Stevens, John, _private_.
Smith, Simeon, _private_.
Slater, James, _private_.
Tracey, William, _private_.
Thrasher, Charles, of New Ashford, _private_.
White, William, Jr., _private_.
Wollcut, Moses, _private_.

SUMMARY.

Captain William Foord's Company may have been stationed at Middle Fort, Schoharie Valley, under command of Major Melancton L. Woolsey. See his report of Sept. 27, 1780. It had

2 Lieutenants,
4 Sergeants,
1 Drummer,
1 Fifer,
4 Corporals, and 63 men . . . . . . . . . . . . . . . . . . . . . 76

Captain Levi Ely's Company had
3 Lieutenants,
1 Quartermaster Sergeant,
3 Sergeants,
6 Corporals,
1 Drummer,
1 Fifer and 66 men . . . . . . . . . . . . . . . . . . . . . . . 81

Captain Ely and 15 men were killed Oct. 19, 1780.

Captain John Spoor's Company.
2 Lieutenants,
4 Sergeants,
4 Corporals,
1 Drummer,
1 Fifer, and 59 men . . . . . . . . . . . . . . . . . . . . . . 72

One man taken prisoner, 11 killed Oct. 19, 1780,
2 killed Oct. 20, 1780.

Captain Samuel Warner's Company may have been left at Fort
Paris or stationed elsewhere.
2 Lieutenants,
5 Sergeants,
5 Corporals,
1 Drummer,
1 Fifer, and 73 men . . . . . . . . . . . . . . . . . . . . . . 88

Captain William White's Company.
2 Lieutenants,
2 Sergeants,
2 Corporals,
1 Fifer, and 56 men . . . . . . . . . . . . . . . . . . . . . . 64

1 private killed, 1 private wounded, 1 taken prisoner.
---
Whole force . . . . . . . . . . . . . . . . . . . . . . . . . 381

Total killed Oct. 19, 1780, 29; wounded, 1; prisoner, 1.

Besides these Berkshire men, perhaps Captain John Kasselman's Tryon Company Rangers were at Fort Paris, and Captain John Zelley's Company at Fort Keyser.

From "New York in the Revolution":--

_Tryon County Rangers._

Captain, John Kasselman. Lieutenant, John Empie.
Ensign, George Gittman.

Badier, John.
Bickerd, Adolph.
Dusler, Jacob.
Empie, John.
Ettigh, Conrad.
Fry, Jacob.
Gittman, Peter.
Harth, Daniel.
Hayne, George.
Hortigh, Andrew.
House, Peter.
Kasselman, John.
Kutzer, Leonard.
Kulman, Henry.
Shnell, John.
Smith, Henry.
Smith, William.
Strater, Nicholas.
Tillenbach, Christian.
Vanderwerke, John.
Walter, Adams.
Walter, Christian.

Probably at Fort Paris.

Captain John Zelley's Company, Second Regiment, Tryon County, Colonel Jacob Klock.

Also John Wafel, William Wafel, Conrad Spraker, George Spraker, William (?) Dygert.

Probably at Fort Keyser.

NOTE 5.

See "Rules and Articles for better Government of the Troops of the Thirteen United English Colonies of North America." Printed by William and Thomas Bradford, 1775. John Hancock, President. Philadelphia, Nov. 7, 1775. (Massachusetts Historical Society Collections.)

Plunder or pillage always incident to war, and, whatever rules exist for restraint, the conflict usually leads to authorized devastation and plunder, retaliatory to exhaust the enemy. For instances, in Civil War of 1861-65, Sherman's destruction of property in march through Southern territory, Sheridan's destroying agents in the Shenandoah Valley.

By Hague rule of 1899, July 29, pillage of a town or place even when taken by assault is prohibited.

How about Allies in Pekin?

See Instructions to United States Army in the field. General Orders, April 24, 1863, War of Rebellion:--

All wanton violence committed against persons in the invaded country, all destruction of property not commanded by the authorized officer, all robbing, all pillage and sacking even after taking a place by main force, all rape, wounding, maiming or killing of such inhabitants are prohibited, under penalty of death or such other severe punishment as may seem adequate to the gravity of the offence.

A soldier, officer, or private may be killed by superior officer for such act. See John Bassett Moore's "Digest of International Law."

NOTE 6.

Brown was more outspoken than General Wayne. See "Major-general Anthony Wayne, and the Pennsylvania Line," by Charles J. Stillé, President Historical Society of Pennsylvania. J. B. Lippincott Company, 1893. (Pages 235 _et seq._)

GENERAL ANTHONY WAYNE TO H. A. SHEEL.

HAVERSTRAW NEAR STONEY POINT
2d Oct 1780.

_Dear Sheel_

I am confident that the perfidy of Genl. Arnold will astonish the
multitude--the high rank he bore--the eclat he had obtained
(whether honestly or not) justified the world in giving it him.

But there were a few Gentlemen who at a very early period of this
war became acquainted with his true character! when you asked my
opinion of that officer I gave it freely & believe you thought it
rather strongly shaded.

I think I informed you that I had the most despicable Idea of him
both as a Gentleman & a Soldier--& that he had produced a
conviction on me in 1776 that honor & true Virtue were Strangers
to his Soul and however Contradictory it might appear--that he
never possessed either fortitude or personal bravery--he was
naturally a Coward and never went in the way of Danger but when
Stimulated by liquor even to Intoxication, consequently
Incapacitated from Conducting any Command Committed to his
charge.

I shall not dwell upon his Military Character or the measures he
had adopted for the surrender of West Point--that being already
fully Elucidated but will give you a small specimen of his
_peculate_ talents.

What think you of his employing Sutlers to retail the publick
Liquors for his private Emolument & furnishing his Quarters with
beds & other furniture by paying for them with Pork, Salt, Flour
&c. drawn from the Magazine--he has not stopped here, he has
descended much lower--& defrauded the old Veteran Soldiers who
have bled for their Country in many a well fought field--for more
than five Campaigns among others an old Sergeant of mine has felt
his rapacity by the Industry of this man's wife they had
accumulated something handsome to support them in their advanced
age--which coming to the knowledge of this cruel Spoiler--he
borrowed 4500 dollars from the poor Credulous Woman & left her in
the lurch.

The dirty--dirty acts which he has been capable of Committing
beggar all description--and are of such a nature as would cause
the _Infernals to blush_--were they accused with the Invention or
Execution of them.

The detached & Debilitated state of the Garrison of West
Point--Insured success to the assailants--the enemy were all in
perfect readiness for the Enterprise--& the discovery of the
treason only prevented an Immediate attempt by open force to
carry those works which _perfidy_ would have effected the fall
of, by a slower & less sanguine mode.--Our army was out of
protecting distance the troops in the possession of the Works a
spiritless Miserabile Vulgus--in whose hands the fate of America
seemed suspended in this Situation his Excellency (in imitation
of Cæsar & his tenth legion) called for his Veterans--the
summons arrived at one o'clock in the morning & we took up our
line of March at 2.

HUGH A. SHEEL TO GENERAL WAYNE.

PHILA Oct. 22, 1780

_My dear General_

... the character you gave me in confidence of Arnold _several
months_ ago made a strong impression on my mind it has been
verified fully--his villany & machinations never could have been
carried on but through the medium of his Tory acquaintance in
this place....

APPENDIX.

A very valuable map of the Province of New York, by Claude Joseph Sauthier, drawn for Major-general William Tryon in 1779, is found in "The Documentary History of New York," showing the Mohawk Valley grants, old forts, etc.

_Fort Paris_, Dec. 19, 1776, Captain Christian Getman's Rangers, Tryon County militia, were stationed at Stone Arabia, and were ordered, when not ranging, to cut timber for building a fort, under direction of Isaac Paris, Esq. (Mr. Paris was in Provincial Congress and later in State Senate.) It was a palisaded enclosure of stone and block-houses for a garrison of from two to three hundred (200-300) men. Begun in December, 1776, it was completed in the spring of 1777. It was situated on a most beautiful plain three or four miles north-east of Fort Plain, one-half a mile north of Stone Arabia churches, twelve (12) rods from the road. North of it water would run into the Sacondaga, and thence into upper waters of the Hudson; south into Mohawk waters. It is easily reached from Palatine Bridge, and is nearly one thousand feet above sea-level. In the fall of 1779, Colonel Fred. Fisher (Visscher), of Third Regiment, Tryon County militia, was at Fort Paris.

May 12, 1780, Colonel Jacob Klock, Second Regiment of Tryon County men, was there.

June 24, 1780, General Robert Van Rensselaer, of Second Brigade of Albany militia, was ordered to Fort Paris.

July 26, 1780, he left there (perhaps, however, to return), to assist the Canajoharie men at Fort Schuyler.

When John Brown took command there I do not know.

The conclusion of the matter of Oct. 19, 1780 was _battle of Klock's Field_ or _Fox's Mills_. On that day and the 18th Sir John Johnson laid waste the whole of Stone Arabia district after burning Caughnawaga.

Brown's defeat in the morning of October 19 did not, however, involve Fort Paris, which was held by Major Root. Although immediate relief of the fort and pursuit of Johnson were essential, Van Rensselaer did not cross the Mohawk until afternoon, crossing at Fort Plain. The enemy was entrenched on the north side of the river, about St. Johnsville, near a stockade or block-house at Klock's. Fort House, a small block-house, was the exact place where just before night a "smart brush" occurred between the British and the Americans under Colonel Dubois. Colonel Dubois took a position above Johnson, on the heights of the north side, to prevent his passage up the river. Colonel Harper, with the Oneida Indians, was on the south side of the river, nearly opposite. General Van Rensselaer after all this forward movement and the slight attack, did not hold his position, but fell back three miles down the river.

The enemy camped on land of the late Judge Jacob G. Klock, I suppose, colonel of Second Regiment, Tryon County militia, and, "soon after the moon appeared," moved to a fording-place just above a well-known citizen's (Nathan Christie) residence, and retreated on the south side of the Mohawk, passing Oneida Castle, and pushing westward for Canaseraga on Chittenango Creek, near Lake Oneida.