The Court Martial of Lt. Col. Abijah Brown

In October 1775, for the second time in a half a year, Patriot authorities met to formally judge the behavior of Waltham’s Lt. Col. Abijah Brown.

The first time was in late May, when a committee of the Massachusetts Provincial Congress assessed reports that Brown was badmouthing that body because he didn’t like the orders he had received.

The second time, the judges were Continental Army officers assembled for a court martial, and Brown faced the charge of “endeavouring to defraud the Continent, in mustering two Soldiers, whom he at the same time employed in working upon his farm.”

That board’s judgement, as reported in Gen. George Washington’s general orders for 7 October, was:

The Court having duly considered the evidence, are of opinion, that Lieut. Col. Brown is not guilty of any fraud, in endeavouring to have Harrington and Clarke muster’d, in the manner he did: But the Court are of opinion, that Col. Brown is guilty of employing Harrington for fourteen days, and Clarke for eighteen days, out of Camp, upon his own business; yet are inclined to think it was done rather thro’ Ignorance, than a fraudulent intent, and therefore adjudge that he be fin’d Four Pounds, lawful money, for the said offence.

Brown appears to have deployed the George Costanza “Was that wrong?” defense. And once again, the official verdict was that Brown had done what he was accused of doing but didn’t deserve serious punishment.

The commander-in-chief felt he had to abide by that verdict, but he made clear that he wasn’t pleased:

The General orders Lt Col. Brown to be released, as soon as he has paid his fine to Dr [Isaac] Foster, Director of the hospital, who will apply it to the use of the sick, in the General hospital, under his care—

The General hopes, the Stigma fixed on Lieut. Colonel Brown by the above sentence, will be a sufficient warning to all Officers, not to be guilty of the like offence, especially as the General is confident, no General Court martial will, for the future, admit a plea of Ignorance, in excuse of so atrocious a crime.

For the adjutant general, Horatio Gates, the outcome of this court martial showed the need for wider reform:

Much regulation is wanted in the Continental Articles of War, as in many Instances they have been found to give too Discretionary a power to the Members who compose Genl Courts Martial, a very Flagrant instance having happen’d lately in the trial of Lieut. Colo. Abijah Brown.

At the time, Washington, Gates, and other commanders were busy reorganizing the Continental Army for the new year and trying to convince men to reenlist. Col. Benjamin Rugggles Woodbridge evidently indicated that he would not return in 1776. But that didn’t open a position in his regiment for Lt. Col. Brown.

Instead, on 3 November a council of war ranked Brown as sixth in seniority among the lieutenant colonels but then assigned him to a regiment under Loammi Baldwin (shown above), still a lieutenant colonel himself but to be commissioned on 1 January as the most junior colonel in the new army.

Brown ultimately declined to reenlist. Gen. Washington and his headquarters staff probably weren’t sad to see him go.

TOMORROW: One more march.