officers of the army could not purchase, while privately making purchases for his own benefit and profit. 3. Imposing menial offices on militia men, and declaring that when a citizen became a soldier he must obey every order of a superior without questioning it. 4. Preventing the decision of a prize case by purchasing the vessel himself at a low and inadequate price. 5. Appropriating State wagons to transport private property and disloyal persons. 6. When Congress had given to the Executive of each state the sole power to recommend persons who should be allowed to go within the enemy's line, he (General Arnold) attempted to make said recommendations himself. 7. When he was questioned as to the excessive use of public wagons he gave to the civil authorities "an indecent and disrespectful refusal of any satisfaction whatever." 8. His negleet and discouragement of loyal persons both military and civil and his different conduct towards disloyal persons.

These complaints were also presented to Congress, which referred them to a Commission of Inquiry, but, through some misunderstanding, the Council did not furnish the necessary testimony, and the Commission acquitted General Arnold of criminality in the matter charged against him. Congress did not act on the report, but after a long delay with the consent of the Council decided that the matter should be sent to a military tribunal.

Arnold had resigned his command at Philadelphia but continued to reside there, holding his commission in the army but filling no public office. His disagreeable manners and the unpopularity of his character rendered him odious to the inhabitants and one day he was assaulted in the streets by the populace.

It was not until the last month of 1779 that the Court Martial appointed by Washington, assembled at Raritan, New Jersey, and the trial began. Arnold's defense was studied, elaborate and characteristic. He took up one by one the eight charges of the Pennsylvania Council, although only four of them had been referred to the Court, and attempted to refute them in detail. On some he was successful but he weakened

the force of his arguments and diminished the value of his facts by making a parade of his patriotism, his service, his sacrifice and his wounds and by enumerating his wrongs real and imaginary. He read letters from Washington and resolutions of Congress to show that his conduct as a soldier had always been approved and applauded, aiming in this way to draw the attention of the Court from the real merits of the case.2

The Court took time to consider the testimony and decided apparently without bias or passion. Of the second and third charges he was wholly acquitted. The two others; that relating to the giving protection to the ship of a royalist and that charging his with employing the public wagons of Pennsylvania for the transportation of private property were sustained, but not so far as to imply a criminal intention. The Court was of the opinion, however, that considering the high station in which General Arnold acted at the time, and the effect of his conduct under the circumstances in which he was placed, these transactions were imprudent and improper. On this ground and with reference to these two charges only the Court sentenced him to be repremanded by the Commander in Chief. And Washington in performing the duty imposed on him as the head of the army exercised all the delicacy which he thought due to an officer of high rank and bravery, and which was likewise conformable to his own character and feelings.3

THE TRIAL.3a

Before a Court of Military Officers, Raritan, New Jersey, December, 1779.

MAJOR GENERAL HOWE,' President.

6

BRIGADIER GENERALS SMALLWOOD,5 KNOX, WOODFORD, IR

VINE. STARK, MAXWELL,10 GIST,11

2 Sparks, Benedict Arnold, 138.

3 Sparks, Benedict Arnold, 141-144.

зa Bibliography. The proceedings of the court martial upon the case of General Arnold were confirmed by Congress on the 12th of

COLONELS MOYLAN, WOOD, HARRISON, HALL, GUNBY, BUTLER, VAN CORTLANDT,12 DAYTON,13 BRADLEY,14 HAMPTON, 15 HAZEN.16 LIEUTENANT COLONELS HARMAR, SIMS, POPKINS, SHERBURNE, JACKSON, 17a SPENCER, 18 WEISENFELDT.18a

December 22.

On May 29th the Commander in Chief (General Washington) issued an order directing a General Court Martial to be held on June 1st, for the trial of Major General Arnold as

February, 1780, and on the 15th, it was ordered that fifty copies be printed.

*"Proceedings of a General Court Martial of the Line, held at Raritan, in the State of New Jersey, by order of His Excelleney George Washington, Esq., General and Commander in Chief of the Army of the United States of America, for the Trial of Major General Arnold, June 1, 1779, Major General Howe, president. Published by order of Congress. Philadelphia: Printed by Francis Bailey, in Market Street. MDCCLXXX."

*"Proceedings of a General Court Martial for the trial of Major General Arnold, with an Introduction, Notes and Index. New York: Privately printed. 1865." This volume, of which only 75 copies were printed, was from the original edition of 1780, printed by Francis Bailey, and was reproduced without change or addition, excepting by way of introduction and notes.

4 HOWE, ROBERT. (1732-1785.) Born and died in Brunswick County, N. C. Became Colonel of the First North Carolina Regiment and went early into and served with distinction in the Revolutionary war. Became Brigadier General and was in command at the Battle of Savannah.

5 SMALLWOOD, WILLIAM. (1732-1792.) Born Kent County, Maryland. In 1776 was made Brigadier General for services in the Revolutionary war and was promoted to be Major General in 1780. In 1785 was elected to the Continental Congress from Maryland and Governor of tlie State. Died in Prince George County, Md.

6 KNOX, HENRY. (1750-1806.) Born in Boston. Was Captain of Militia before the Revolutionary war. Served in the French and Indian wars, and was at Bunker Hill. Promoted to Brigadier General, 1777; Major General, 1785; Secretary of War, 1785-1789-1795; was the second Commander of the United States Army. Died in Thomaston, Maine.

WOODFORD, WILLIAM. (1735-1780.) Born in Carolina County, Virginia. Appointed Brigadier General, United States Army, 1777 and was distinguished in the French and Indian wars. In 1775, was appointed Colonel of the Second Virginia Regiment. He served in the battle of Great Bridge in December, 1775; at Brandywine

directed by a resolution of Congress of April 3, 1779. The meeting of the Court on June 2nd was deferred until today, when it assembled at Norris' Tavern.

(where he was wounded), and at Monmouth. Was taken prisoner at Charleston during the siege of 1780, and died in the hands of the enemy at New York City.

8

IRVINE, WILLIAM. (1741-1804.) Born in Ireland and served for some time as surgeon on a British war ship. In 1763 emigrated to Pennsylvania and became Colonel of a Pennsylvania regiment. In 1781 the defense of the Northwestern frontier was entrusted to him and he attained the rank of Major General. Delegate from Pennsylvania to Continental Congress, 1786-1788. Member of Third United States Congress, 1793-1795. Removed to Philadelphia and became Superintendent of Military Stores. Died in Philadelphia.

9

STARK, JOHN. (1728-1832.) Born Londonderry, N. H. Known to history as the victor over the British at Bennington, Vermont, Aug. 16, 1777. Died in Manchester, N. H. He was appointed to the Court Martial on December 19, in the place of General Irvine, who had been challenged.

10 MAXWELL, WILLIAM. Born in Ireland. Represented Sussex County in the New Jersey Provincial Congress. First Colonel of a New Jersey regiment, he became Brigadier General in 1776. Died in Sussex County, N. J. He was appointed to the Court Martial on December 19, in the place of General Woodford who was absent.

11 GIST, MORDECAI. (1743-1792.) Born Baltimore, Md. Served through the Revolutionary war. Became Brigadier General. Distinguished himself at the Battle of Camden, S. C., and was present at the surrender of Cornwallis. After the war he purchased a plantation near Charleston, S. C., and resided there until his death. He was appointed to the Court Martial on December 21, in the place of General Smallwood, who was called away.

12 COL. PHILIP VAN CORTLANDT was made a member on December 19, vice Col. Stephen Moylan, absent. He entered the revolution at an early period, and served through the war. In 1793 he entered Congress and remained sixteen years. Died 1831, aged 82.

13 COL. ELIAS DAYTON was made a member on December 19, vice Col. Popkins, absent.

14 COL. STEPHEN BRADLEY was made a member on December 19, vice Col. Joseph Wood, absent.

15 COL. RICHARD HAMPTON was made a member on December 19, vice Col. Charles Harrison, absent.

16 COL. MOSES HAZEN of the New York Line was made a member on December 19, vice Col. R. Butler, challenged. He had raised a regiment of Canadians in the expedition to Canada; and while on the service had been personally associated with General Arnold.

17 COL. SHERBURNE was made a member on December 17, vice Col. Josiah Harmar who had been challenged.

John Lawrence, 19 Judge Advocate.

The Judge Advocate read the orders of the Commander in Chief and the names of the officers of the Court.

General Arnold objected to General Irvine, Colonel Butler and Lieutenant Colonel Harmar, which objection was allowed by the Court. 20

The members of the Court were sworn according to the rules and articles of war.

The Judge Advocate produced the proceedings of the council of the state of Pennsylvania, relative to Major General Arnold, dated February 3, 1779, and a resolution of the Congress, dated April 3, 1779; which was read, as follows:

IN COUNCIL.

Philadelphia, February 3, 1779. Present,

His Excellency Joseph Reed,21 Esq., President.

The Honorable George Bryan,22 Esq., Vice-President.

Colonel Joseph Hart,

John Macky,

James M'Kene,

James Read,23

John Hambright, and

Thomas Scott, Esquires.

17a COL. JACKSON was appointed a member on December 22, vice Col. Hazen.

18 COL. OLIVER SPENCER was made a member on December 21, vice General Stark, who was ill.

18а COL. WEISENFELDT was appointed a member on December 22, vice Col. Hampton.

19 LAWRENCE, JOHN.

(1750-1820.) Born Cornwall, England; came to America in 1767; admitted to Bar, 1775; entered the army, 1776. Served throughout the Revolutionary War; was Judge Advocate on General Washington's staff and on the Court Martial which tried Major André. Delegate to Continental Congress, 17851787. Member of New York Senate, 1789. Representative in Congress, 1789-1793. Judge, United States Circuit Court. United States Senator, 1796-1800. Died in New York City.

20 The officers challenged were citizens of Pennsylvania, which may have been the reason.

21 REED, JOSEPH. (1741-1785.) Born Trenton, N. J. Graduated Princeton, 1757, and began practice of law in his native place. Took an active part in the Revolution and was President of the Pennsyl