“A proper Method for bringing Dr. Church before the House”

As described yesterday, on 17 Oct 1775 the Massachusetts General Court decided to summon Dr. Benjamin Church to Watertown to explain why he’d sent a ciphered letter into British-occupied Boston.

Dr. Church’s first response to that action arrived on 23 October, as reported by James Warren: “The Speaker communicated to the House a Letter received from Dr. Church, wherein he expresses a Desire to resign his Seat in the House of Representatives.”

The previous month, Church had also tried to resign as Surgeon-General of the Continental Army, following a month of turf disputes with regimental surgeons. Gen. George Washington and his aides had urged him to stay, only to be blindsided by that ciphered letter. Those two resignations suggest that Church was realizing what a hole he’d dug for himself and just wanted to go away.

The legislators didn’t want to let Church go, though. Particularly Speaker Warren. He’d been immersed in this case since Washington had called him to Cambridge to share the first hints of the doctor’s dealings.

Back on 1 October, Warren had written to his friend John Adams:

Dr. C——h has been detected in a Correspondence with the Enemy at least so far that a Letter wrote by him in Curious Cypher . . .

We all thought the Suspicion quite sufficient to Justify an Arrest of him and his Papers, which was done, and he is now under a Guard. He owns the writeing and sending the Letter. Says it was for [John] Fleeming in Answer to one he wrote to him, and is Calculated, by Magnifying the Numbers of the Army, their regularity, their provisions and Ammunition &c, to do great Service to us. He declares his Conduct tho’ Indiscreet was not wicked.

Something had to be done. The legislature therefore voted on 23 October to let Church’s resignation letter “lay on the Table, till the Committee who are directed to consider a proper Method for bringing Dr. Church before the House shall report.”

As Warren and others understood by this time, the Continental Army rules and regulations didn’t allow a court-martial to sentence a spy to death. Gen. Washington was therefore holding off on formal proceedings. His most recent council had decided “to refer Doctor Church for Tryal & Punishment to the General Court of Massachusetts Bay.”

On 26 October the house committee came back with their recommendation. They started by stating that Church “has been convicted by the Judgment of a Council of War, at which his Excellency [Gen. Washington] presided, of having carried on a criminal Correspondence with the Enemy.”

In fact, Washington’s councils weren’t courts and had no power to convict anyone. But neither did the legislature have the power to try and punish Church as the last council suggested—all the General Court could do was expel the doctor. Each body was pushing for the other to take on the authority of judging Dr. Church. And everyone was still waiting for guidance from the Continental Congress.

The General Court voted:

…whereas the said Benjamin Church is also a Member of this House, and the Charge brought against him is of so criminal a Nature, that it is the Duty of the House to make strict Enquiry into the Fact, and upon Proof of the same to manifest their utter Abhorrence thereof:

Therefore, Resolved, That Mr. William Howe, the Messenger of this House, be and he hereby is directed on Friday the 27th of October Instant [i.e., this month], to apply to his Excellency George Washington, Esq; for a sufficient Guard, safely to conduct the said Benjamin Church to and from the Barr of this House, and being furnished therewith, to take the Body of the said Church and bring him to the Barr of the House accordingly, at Ten o’Clock in the Forenoon of the same Day.

On that Friday morning, there was a motion “That there be fixed in the Alley [i.e., aisle] a Bar, at which Dr. Church will be brought.” The stage was set.

I’ll speak about what happened next in Watertown on Sunday afternoon, as detailed here.

TOMORROW: Records of the case.