Part 3

The very extraordinary trial alluded to in the Petition is truly a Matter of Surprize to every Officer and Citizen in this part of the World and is of such a dangerous tendency that I think it ought to be attended to, what is more extraordinary it is I am told the only trial of the kind ever had in Congress.--In the Year 1776 I petitioned to Congress for a trial who refused me, giving for reason that Congress was not a proper tribunal and therefore refered me to the Officer commanding the northern Department.

Genl. Arnold on the First application obtained a hearing and determination on that Principle I am a Stranger

I am with the greatest Respect

Your hons. most obedt most hmbl Sert.

JNO. BROWN. The honle. JNO. JAY ESQ. Predt. Congress

(Continental Congress Papers, no. 42, Petitions, vol. i. 179.)

THE HONle THE CONGRESS

The Memorial and Remonstrance of John Brown of Pittsfield in the State of the Massachusetts Bay humbly sheweth--

That in the Month of Novr. 1777 Your Petitioner was passing through York Town to the Southord when he waited on the honble Charles Thompson Esqr Secy to Congress, who favoured your petitioner with a Copy of the very extraordinary Trial of Genl. Arnold of which the following is an Extract Viz "In Congress May 20th 1777--

A Letter this Day from Genl. Arnold with a printed Paper inclosed signed John Brown was read, order'd that the same be refered to the Board of War together with such Complaints as have been lodged agt. Genl. Arnold." By this your Petitioner would suppose that the Board of War were directed not only to take into consideration his Complaint, but all others that have been lodged agt. Genl. Arnold, particularly those lodged by a General Court Martial composed by thirteen of the principle Officers at Tycondoroga in the Year 1776 as well as those lodged by Colo. Hazen & others altho it does not appear that any other Matter of Complaint was determined on, but that contained in the hand Bill signed John Brown on which the Board of War Report--

"That the Genl. laid before them a variety of original Letters orders and other papers, _which together with the General's own account of his Conduct_, confirmed by Mr. Carroll one of the late Commissioners in Canada now a Member of this Board, have given intire Satisfaction to this Board concerning the General's Character and Conduct, so cruelly and groundlessly aspersed in the Publication."

Your Petitioner begs leave to affirm that Mr. Carroll whatever he might wish knew nothing more or less as a Witness concerning the Charges laid agt. Genl. Arnold owing to an unlucky Alieubi, which happened with respect to him in regard to all the Charges laid in the Complaint. Still how far his evidence might go in assisting Genl. Arnold in proving his negatives your Petitioner does not pretend to say, as this is an intire new mode of Trial.

First Because one of the Parties was not notified or present at the same, consequently the trial ex parte unconstitutional and illegal on every principle.

Secondly Because there was not one Witness at the Trial who will pretend he even had it in his Power to disprove one of the Charges in the Complaint.

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.