Sentence Analysis

The next step in the Continental Army’s punishment of Pvt. John Short, Pvt. John Smith, and Owen Ruick was to send them to Simsbury, Connecticut, to be locked up (or locked down) in the colony’s new underground prison, later dubbed “Old New-Gate.” 

As quoted back here, on 11 Dec 1775 Gen. George Washington wrote to the committee of safety in that town, stating:

the prisoners which will be deliverd you with this [letter] haveing been tried by a Court Martial & deemd to be Such flagrant & Attrocious villains, that they Cannot by any Means be Set at Large or Confined in any place near this Camp

That letter is often quoted in connection with Loyalists, thus implicating Washington in the persecution of political prisoners.

The Old New-Gate Prison no doubt did hold some Loyalists during the war, but the courts-martial which sentenced those three men to that prison in December 1775 show that they weren’t brought up on political charges. Short was convicted as a deserter from the Massachusetts army and a thief, Smith as an attempted deserter, and Ruick as a “transient” who had encouraged Smith to desert.

The legal record shows us some other things as well.

Short and Smith were convicted of violating the Massachusetts articles of war, approved by the provincial congress back in April (shown above, as published by Samuel and Ebenezer Hall in Salem). The privates had enlisted in the colony’s army under those terms.

In contrast, during this same season Gen. Washington and his staff were wrestling with how to deal with Dr. Benjamin Church, Jr., detected in a more serious “correspondence with the enemy” than John Short. Church’s commission came from the Continental Congress, so he was bound by the Continental articles of war. That document limited his potential punishment. (The military authorities thus showed their wish to be fair; they felt they that legally they had to follow the rules in place when the accused acted, not rewrite those rules later.)

That said, these sentences show the colonies of Massachusetts and Connecticut working together in the new Continental structure. Ordinarily one colony couldn’t sentence men to imprisonment in a neighboring colony. But this was a Continental Army ruling, and Washington promised that Connecticut wouldn’t have to pay the cost of imprisoning those men.

The stated sentences of two years for Short and one year for Ruick appear to have been minimums. The court-martial said both men could be confined “for as much longer as the present contest between Great Britain and the American Colonies shall subsist.” (There was no such proviso recorded for Smith, yet in practice he remained in the prison for longer than six months.)

We know now that the war would last seven more years. I don’t think anyone at the time anticipated it would take so long. But the court-martial didn’t want Short and Ruick to be free while it was still going on.

To be sure, those men’s fates could have been worse. As the American press had reported critically, the British army executed deserters on Boston Common. For theft, Short was sentenced to the Massachusetts army maximum of 39 lashes (Art. 30). In contrast, British soldiers could be subjected to hundreds.

By eighteenth-century standards, the Continental Army court-martial’s sentence to (open-ended) incarceration instead of execution, the limit on lashes, and even Connecticut’s underground prison were all reforms to the prevailing systems of crime and punishment.

COMING UP: Accounting for the prisoners.