“The House being jealous of their Priviledges”

As recounted yesterday, on 4 Oct 1775 Gen. George Washington and his fellow generals realized that the Continental Congress’s articles of war weren’t strict enough about passing information to the enemy.

Which was a problem since they had just uncovered evidence that the head of the army’s hospitals, Dr. Benjamin Church, had been doing just that.

In reporting the situation to John Hancock as chairman of the Congress, Washington respectfully wrote that he was “suggesting to their Consideration, whether an Alteration of the 28th Article of War may not be necessary.”

Dr. Church didn’t just have a military appointment. He was also one of Boston’s four representatives in the Massachusetts General Court, elected back on 18 July. Of course, that town meeting hadn’t happened inside British-held Boston. Instead, the “dispersed” inhabitants had gathered in the meetinghouse at Concord.

Dr. Church was active in the first few days of the legislative session in Watertown’s meetinghouse. But in August he took up his new job overseeing the medical care of the army. Two of the other men chosen to represent Boston, Samuel Adams and John Hancock, were away in Philadelphia. That left John Pitts to speak for the town. But that assembly couldn’t do much to affect life in Boston then anyway.

Then in early October came the bombshell news that the army had put Church under arrest. People were soon hearing about why, but this was the house’s first formal response on 14 October:

ORDERED, That Mr. [James] Sullivan bring in a Resolve making a proper Application to General Washington, relative to the imprisonment of one of the members of this House, viz. Doctor Benjamin Church.

The resulting resolution said:

…the House being jealous of their Priviledges, and desirous to know the Cause of said Imprisonment:—— Therefore

Resolved, That the Speaker [James Warren], Mr. Sullivan and Major [John] Bliss, be a Committee to apply to is Excellency George Washington, Esq; requesting him as soon as may be to certify to this House the Cause of the Detention and Imprisonment of said Benjamin Church, Esq; that they may advise thereon.

On 17 October, Warren reported that he had received from Joseph Reed, Washington’s military secretary, “a Letter from Dr. Church to the Enemy, as decyphered by the Rev. Mr. [Samuel] West.” The house voted:

Resolved, That Dr. Church ought to be brought to the Bar of this House, to shew Cause, if any he has, why he should not be expell’d the same.

The next day, Gen. Washington sat down for a council with Benjamin Franklin, Benjamin Harrison, and Thomas Lynch from the Continental Congress and with officials from the New England governments. That meeting would run through 24 October and cover many topics. One item on the agenda was “What Steps are necessary to be pursued with Regard to Dr Church?”

The developments in Watertown offered an out: “Upon a Discussion of all Circumstances it was agreed to refer Doctor Church for Tryal & Punishment to the General Court of Massachusetts Bay.” As for what the army should do, given the articles of war, Washington would wait for the Congress’s guidance.

TOMORROW: Dr. Church makes his move.