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.

“From his own incoherent stories”

On 4 Dec 1775, Col. Jonathan Ward of Southborough convened a court-martial in the Continental Army camp at Roxbury.

Col. Ward presided over a board of officers that included four captains and seven lieutenants.

Pvt. John Short of Rochester was one defendant in that proceeding. He had marched under Col. Theophilus Cotton and Capt. Earl Clapp (represented above by his shoe buckles) during the Lexington Alarm and then enlisted under them for the rest of the year.

Short was charged with “desertion and theft.” He pled not guilty. The record of the court-martial published in American Archives states:

On hearing the evidence brought to support the charge, the Court are unanimously of opinion the prisoner is guilty. It likewise appears very clear to the Court, from sundry papers that were found with him, and from his own incoherent stories, that he is guilty of a breach of the 27th and 29th, and also the 3d article of the Rules and Regulations of the Massachusetts Army.

[Those articles forbade corresponding with the enemy, leaving one’s post to plunder, and provoking mutiny, respectively.]

According to said rules, the Court adjudge the following sums of money to be paid out of his wages and effects, viz:

To Captain Earl Clapp, the sum of 1£.16s., for expense of advertising and apprehending him; also, 36s., that said Clapp paid, at said Short’s desire, for a former theft.

To William Cowing [also listed as Cowen], a soldier in Captain Clapp’s company, 36s.10d., that he carried away with him when he deserted.

To Daniel Crawford [also Croxford], in said company, 4£.16s., for the damage done him by stealing his clothes.

Likewise adjudge him to be whipped thirty-nine stripes on the naked back, and suffer two years imprisonment in Newgate Prison, in Symsbury [Connecticut], and as much longer as the present contest between Great Britain and the American Colonies shall subsist.

The court then turned to Pvt. John Smith, a soldier in Capt. Peter Harwood’s company of Col. Ebenezer Learned’s regiment. Massachusetts Soldiers and Sailors includes many pages of John Smith entries, of course, but this information matches a man from Brookfield who had enlisted on 12 June.

Smith was charged with “attempting to desert to the enemy.” He pled guilty. The court sentenced him to “pay the sum of eight shillings to Brigadier-General [John] Thomas, to defray the expense of bringing him back to camp, and suffer six months imprisonment in Newgate Prison, in Symsbury.”

Finally the officers considered “Owen Resick, a transient person,” for “aiding, advising, and assisting John Smith to desert to the enemy.” He denied the charge. (Based on other sources, I now think this man’s surname should have been transcribed as Ruick.)

After “hearing and examining the evidence,” the panel found Ruick guilty and sentenced him to “one year’s imprisonment in Newgate Prison, in Symsbury, and as much longer as the present disputes between Great Britain and the Colonies shall subsist.”

Gen. Artemas Ward affirmed those sentences. They don’t appear in Gen. George Washington’s general orders, issued out of Cambridge.

TOMORROW: A glimpse of John Short.