|
|
Front Page  Titles (by Subject) TO MAJOR-GENERAL GATES. - The Writings of George Washington, vol. VI (1777-1778)
TO MAJOR-GENERAL GATES. - George Washington, The Writings of George Washington, vol. VI (1777-1778) [1890]Edition used:The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. VI (1777-1778).
About Liberty Fund:Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright information:The text is in the public domain.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
- The Writings of George Washington.
- 1777.
- To Major-general Putnam.
- To the President of Congress.
- To Governor Trumbull.
- To Governor Henry.
- To the Council of Safety of New York.
- To John Augustine Washington.
- To the President of Congress.
- To the President of Congress.
- To Major-general Putnam.
- To Lieutenants Bird, Dorsey, Craig, Moore, and Gray. 1
- To Governor Clinton.
- To Benjamin Franklin, In Paris.
- To Benjamin Harrison, In Congress.
- To Brigadier-general Wayne.
- To Major-general Gates.
- To the President of Congress.
- To the President of Congress. 2
- To the President of Congress.
- To the President of Congress.
- To the President of Congress.
- To Major-general Sullivan.
- To General Cadwalader.
- To the President of Congress.
- To the President of Congress.
- To Governor Livingston.
- To the President of Congress.
- To Major-general Heath.
- To the President of Congress.
- To the President of Congress. 1
- To the President of Congress.
- To the President of Congress.
- To the President of Congress.
- To Lieutenant-colonel Alexander Hamilton.
- To the President of Congress.
- To Major-general Putnam.
- To Major-general Gates.
- To Lord Stirling.
- To John Parke Custis.
- To the President of Congress.
- To the President of Congress.
- To Sir William Howe. 1
- To the President of Congress.
- To Colonel Christopher Greene. Instructions.
- To Governor Livingston.
- To Brigadier-general Potter. 1
- To Lieutenant-colonel Samuel Smith.
- To Governor George Clinton.
- To the President of Congress.
- To Thomas Wharton, President of Pennsylvania.
- To Richard Henry Lee.
- To Baron D’arendt. Instructions.
- To John Augustine Washington.
- To Major-general Putnam.
- To John Hancock. 1
- To Major-general Sullivan.
- To the President of Congress.
- To Brigadier-general Forman.
- Circular to Pulaski and Colonels of Horse.
- To Major-general Putnam.
- Call For a Council of Officers.
- To Francis Hopkinson and John Wharton, of the Navy Board. 1
- To Landon Carter.
- To Lieutenant-colonel Alexander Hamilton.
- To Major-general Gates.
- To the President of Congress.
- To Brigadier-general Varnum.
- To Governor Livingston.
- To Sir William Howe.
- To Jeremiah Powell, President of the Council of Massachusetts.
- To General Thomas Nelson.
- To Col. Theodorick Bland.
- To Brigadier-general Conway.
- To Henry Laurens, President of Congress. 2
- To the President of Congress.
- To Brigadier-general Varnum.
- To Major-general Heath.
- To Governor Henry.
- To Sir William Howe.
- To John Parke Custis.
- To Alexander Hamilton.
- To Brigadier-general Conway.
- To Major-general St. Clair, Major-general Baron De Kalb, and Brigadier-general Knox. Instructions.
- To the President of Congress.
- To Richard Henry Lee, In Congress.
- To Major-general Putnam.
- To the Officers and Soldiers of the Militia In the Counties of Hunterdon, Burlington, Gloucester, Salem, and Cumberland.
- To the President of Congress.
- To Major-general Greene.
- To the President of Congress.
- To Major-general Greene.
- To the President of Congress.
- To Major-general Putnam.
- To Joseph Reed.
- To Major-general Gates.
- To the President of Congress.
- To Governor Livingston.
- To the President of Congress.
- To Governor Trumbull.
- To George Read, President of Delaware.
- To the President of Congress.
- To the President of Congress.
- To the Executives of the Eastern States.
- To Major-general Conway. 1
- To Governor Livingston.
- 1778.
- To the President of Congress.
- To the President of Congress.
- To Major General Gates.
- To the President of Congress.
- To the President of Congress.
- To Governor Wharton.
- To Major-general Arnold. 1
- To Sir William Howe.
- To Major-general Heath.
- To Major-general Putnam.
- To Major-general Gates.
- To Major-general Charles Lee.
- To a Committee of Congress. 1
- To Sir William Howe.
- To Henry Laurens.
- To John Parke Custis.
- To Governor Livingston.
- To Peter Colt. 2
- To Thomas Nelson, Jr.
- To Major-general Gates.
- To Brigadier-general Wayne. Instructions.
- To Sir William Howe.
- To Major-general Mcdougall.
- To Major-general Gates.
- To Governor Livingston.
- To Richard Henry Lee.
- To Governor George Clinton.
- An Address to the Inhabitants of New Jersey, Pennsylvania, Delaware, Maryland, and Virginia. 1
- To William Duer.
- To the President of Congress.
- To Bryan Fairfax. 2
- To Thomas Wharton, President of Pennsylvania.
- To Colonel George Baylor. Instructions.
- To the President of Congress.
- To Brigadier-general Parsons, At West Point.
- Copy of the Letter Referred to Above.
- To the Marquis De Lafayette.
- To Lieutenant-general Burgoyne.
- To George William Fairfax, In England.
- To the President of Congress.
- To Robert R. Livingston.
- To Philip Schuyler, James Duane, and Volkert P. Douw, Commissioners of Indian Affairs.
- To the President of Congress.
- To Governor Livingston.
- To Major-general Mcdougall.
- To the President of Congress.
- To James Bowdoin, President of the Council of Massachusetts.
- To Brigadier-general John Cadwalader.
- To the President of Congress.
- To Sir William Howe.
- To the President of Congress.
- To John Ternant. 1
- To Major-general Armstrong.
- To Patrick Henry.
- To Patrick Henry.
- To Governor Trumbull.
- To Thomas Mckean. 1
- To Colonel Josias C. Hall.
- To the President of Congress.
- To the President of Congress.
- To Colonel Mathias Ogden.
- To the President of Congress.
- To the General Officers In Camp.
- To John Banister, Delegate In Congress.
- To Major-general Mcdougall.
- To Major-general Charles Lee.
- To the President of Congress.
- To Gouverneur Morris, In Congress.
- To the President of Congress.
- To Governor Livingston.
- To the President of Congress.
- To Major-general Heath.
- To the President of Congress.
- To Henry Laurens.
TO MAJOR-GENERAL GATES.
Head-Quarters, 14 February, 1778. Sir,
I am favored with yours of the 9th instant, enclosing the proceedings of a general court-martial held by your order. It is a defect in our martial law, from which we often find great inconvenience, that the power of appointing general courts-martial is too limited. I do not find it can be legally exercised by any officer, except the Commander-in-chief, or the commanding general in any particular State. This circumstance would make it improper for me to ratify the sentence against Murray, did the nature of his crime require it; and, if it was thought inexpedient to let him pass unpunished, I should be under the necessity of ordering another court for his trial. But as there are some mitigating considerations, which you mention, it may perhaps be as well to remit the present sentence, without proceeding any further in the affair. I leave it to your judgment, either with my approbation to do this, or to make use of the enclosed order, to bring the offender to a second trial.
Had the constitution of the court been entirely regular, I do not conceive I could with propriety alter the capital punishment into a corporal one. The right of mitigating only extends, in my opinion, to lessening the degree of punishment, in the same species prescribed; and does not imply any authority to change the nature or quality of it altogether. I am, sir, &c.
“You mention some scruples, as to the operation of our articles of war, with regard to intentional, or attempted desertion, cases of mere intuition, unexpressed in any act, notwithstanding the confession of the criminals, I do not conceive, to fall within the meaning of that article, which particularly relates to desertion, or to be susceptible of capital punishment; but where intention and any acts, expressive of it, correspond, I think there can be no doubt of the propriety of construing it into desertion, and inflicting the sentence of the law. When a man is found at an improper distance from the camp, or in circumstances that indicate an attempt to desert, he is certainly to be considered and treated as a deserter. If not, the attempt, or nothing but the full execution of his design, were to be deemed desertion, the crime would never, or very rarely be ascertained; for, in order to that, it would be necessary the soldier should have been actually with the enemy and afterwards recovered. When difficulties occur, the spirit rather than the letter of the law is to be consulted, and this appears clearly to be intended by that part of the oath prescribed to Courts Martial, which declares, ‘that when any doubt shall arise which is not explained by the articles, the court is to determine, according to conscience, the best of their understanding, and the custom of war in like cases.’ ”—Washington to General Smallwood, 21 February, 1778.
|
