Smith's History of Pittsfield, 1734-1800, p. 271:—
To the Honorable Horatio Gates, Esq., Major-General in the Army of the United States of America, commanding at Albany.
Humbly sheweth, that, in the month of February last, Brig.-Gen. Arnold transmitted to the honorable Continental Congress, an unjustifiable, false, wicked, and malicious accusation against me, and my character as an officer in their service, at the time when I was under his immediate command; that, had there been the least ground for such an accusation, the author thereof had it in his power—indeed, it was his duty—to have me brought to a fair trial by a general court-martial in the country where the pretended crime is said to have originated; that I was left to the necessity of applying to Congress, not only for the charge against me, but for an order for a court of inquiry on my own conduct in respect thereto; that, in consequence of my application, I obtained a positive order of Congress to the then general commanding the Northern Department for a court of inquiry, before whom I might justify my injured character; that the said order was transmitted to your Honor at Ticonderoga, in the month of August last; and, notwithstanding the most ardent solicitations on my part, the order of Congress has not yet been complied with; that, upon my renewing my application to your Honor for a court of inquiry, you were pleased to refer me to the Board of War.
Thus I have been led an expensive dance, from generals to Congress, and from Congress to generals; and I am now referred to a Board of War, who, I venture to say, have never yet taken cognisance of any such matter; nor do I think it, with great submission to your Honor, any part of their duty. I must therefore conclude, that this information, from the mode of its origin, as well as from the repeated evasions of a fair hearing, is now rested upon the author's own shoulders.
I therefore beg that your Honor will please to order Brig.-Gen. Arnold in arrest for the following crimes, which I am ready to verify, viz.:—
1. For endeavoring to asperse your petitioner's personal character in the most infamous manner.
2. For unwarrantably degrading and reducing the rank conferred on your petitioner by his (Gen. Arnold's) superior officers, and subjecting your petitioner to serve in an inferior rank to that to which he had been appointed.
3. For ungentlemanlike conduct in his letter to Gen. Wooster, of the 25th of January last, charging your petitioner with a falsehood, and in a private manner, which is justly chargeable on himself.
4. For suffering the small-pox to spread in the camp before Quebec, and promoting inoculation there in the Continental army.
5. For depriving a part of the army under his command of their usual allowance of provisions, ordered by Congress.
6. For interfering with and countermanding the order of his superior officer.
7. For plundering the inhabitants of Montreal, in direct violation of a solemn capitulation, or agreement, entered into with them by our late brave and worthy Gen. Montgomery, to the eternal disgrace of the Continental arms.
8. For giving unjustifiable, unwarrantable, cruel and bloody orders, directing whole villages to be destroyed, and the inhabitants thereof put to death by fire & sword, without any distinction to friend or foe, age or sex.
9. For entering into an unwarrantable, unjustifiable & partial agreement with Capt. Foster for the exchange of prisoners taken at the Cedars, without the knowledge, advice, or consent of any officer then there present with him on the spot.
10. For ordering inoculation of the Continental Army at Sorel, without the knowledge of, and contrary to the intentions of the general commanding that Northern Department; by which fatal consequences ensued.
11. For great misconduct in his command of the Continental fleet on Lake Champlain, which occasioned the loss thereof.
12. For great misconduct during his command from the camp at Cambridge, in the year 1775, until he was superseded by Gen. Montgomery, at Point Aux-Tremble, near Quebec.
13. For disobedience of the orders of his superior officers, while acting by a commission from the Provincial Congress of the Province of Massachusetts Bay; and for a disobedience of the orders of a committee of the same Congress, sent from that State to inspect his conduct, and also for insulting, abusing, and imprisoning the said committee; as also for a treasonable attempt to make his escape with the navigation men, at or near Ticonderoga, to the enemy at St. Johns, which oblidged the then commanding officer at Ticonderoga and its dependencies to issue a positive order to the officers commanding our batteries at Crown Point, to stop or sink the vessels attempting to pass that post, and by force of arms to make a prisoner of the said Gen. Arnold (then a colonel), which was accordingly done.
John Brown, Lieutenant-Colonel.
Albany, 1st Dec., 1776.
Pittsfield 9th June 1779
Sir
I send you the enclosed hope you will present it to Congress the first opportunity not doubting their Disposition to do equal Justice to Persons of every Denomination in these united States, and that in justice in my instance must be owing rather to misinformation than anything else, altho in the present Case it is scarcely supposable.
The very extraordinary trial alluded to in the Petition is truly a Matter of Surprize to every Officer and Citizen in this part of the World and is of such a dangerous tendency that I think it ought to be attended to, what is more extraordinary it is I am told the only trial of the kind ever had in Congress.—In the Year 1776 I petitioned to Congress for a trial who refused me, giving for reason that Congress was not a proper tribunal and therefore refered me to the Officer commanding the northern Department.
Genl. Arnold on the First application obtained a hearing and determination on that Principle I am a Stranger
I am with the greatest Respect
Your hons. most obedt most hmbl Sert.
Jno. Brown.
The honle. Jno. Jay Esq.
Predt. Congress
(Continental Congress Papers, no. 42, Petitions, vol. i. 179.)
The Honle the Congress
The Memorial and Remonstrance of John Brown of Pittsfield in the State of the Massachusetts Bay humbly sheweth—
That in the Month of Novr. 1777 Your Petitioner was passing through York Town to the Southord when he waited on the honble Charles Thompson Esqr Secy to Congress, who favoured your petitioner with a Copy of the very extraordinary Trial of Genl. Arnold of which the following is an Extract Viz "In Congress May 20th 1777—
A Letter this Day from Genl. Arnold with a printed Paper inclosed signed John Brown was read, order'd that the same be refered to the Board of War together with such Complaints as have been lodged agt. Genl. Arnold." By this your Petitioner would suppose that the Board of War were directed not only to take into consideration his Complaint, but all others that have been lodged agt. Genl. Arnold, particularly those lodged by a General Court Martial composed by thirteen of the principle Officers at Tycondoroga in the Year 1776 as well as those lodged by Colo. Hazen & others altho it does not appear that any other Matter of Complaint was determined on, but that contained in the hand Bill signed John Brown on which the Board of War Report—
"That the Genl. laid before them a variety of original Letters orders and other papers, which together with the General's own account of his Conduct, confirmed by Mr. Carroll one of the late Commissioners in Canada now a Member of this Board, have given intire Satisfaction to this Board concerning the General's Character and Conduct, so cruelly and groundlessly aspersed in the Publication."
Your Petitioner begs leave to affirm that Mr. Carroll whatever he might wish knew nothing more or less as a Witness concerning the Charges laid agt. Genl. Arnold owing to an unlucky Alieubi, which happened with respect to him in regard to all the Charges laid in the Complaint. Still how far his evidence might go in assisting Genl. Arnold in proving his negatives your Petitioner does not pretend to say, as this is an intire new mode of Trial.
First Because one of the Parties was not notified or present at the same, consequently the trial ex parte unconstitutional and illegal on every principle.
Secondly Because there was not one Witness at the Trial who will pretend he even had it in his Power to disprove one of the Charges in the Complaint.
Thirdly with the greatest Respect to Congress they had not the least Right to take cognizance of the Crimes enumerated in my complaint, for the truth of this assertion I beg leave to refer them to the military Laws by them compiled and instituted for the Regulation of the Army, which are the only security and protection of the Officers and Soldiers belonging to the same, consequently no other Court or Tribunal would have any Right to take cognizance of the Crimes enumerated but that of a Court Martial, and therefore the trial of the Genl. above recited was strictly a nullety to all intents and purposes it being Coram non Judice. However should Congress be of a Different opinion with respect to this Matter, and that that the Trial of Genl. Arnold was legal & constitutional, he then expects that Congress will give him the same indulgence and latitude, and that he may be heard by congress on the subject of his Impeachment of Genl. Arnold, in which Case the General's presents & witnesses will not be necessary. Your Petitioner therefore esteems it as a very great grieveance that the Honle. Congress by the trial aforesaid have resolved and published and authorised Genl. Arnold to publish to the World that he your Petitioner has been guilty of making and publishing false and groundless aspertions agt. a general Officer, when at the same time every article in the Complaint was sacredly true, and would have been proved so had a proper tribunal been obtained, of which Genl. Arnold was well apprised. 'Tis possible that Genl. Arnold might have suggested to Congress that your Petitioner was not an Officer at the time of trial afd. as to this Matter your Petitioner has not as yet been informed whether his Resignation has been accepted or not, indeed he cannot suppose it compatible with the Wisdom Dignity and Justice of Congress to descharge any of their Officers for the Reason set forth in your Petitioners Letter accompanying his Resignation as he then stood impeach'd to Congress by the same Genl. Arnold of every high Crimes which if true effected the Reputation of the united States and Genl. Arnold's sacred Character stood then impeached by your Petitioners of thirteen capital Charges, which in the opinion of those most knowing would have effected the life of a more honest Man, in consequence of a proper trial before a generous Court Martial—on these considerations your Petitioner presumes his Resignation was not accepted but on Supposition it was, yet your Petitioner conceives that to make no material odds, as it can not be presumed that congress would try a Citizen without a hearing, whatever they may imagine their authority to be. However let this matter be as it may Congress are sensible that your Petitioner notwithstanding the most flagrant abuses received was not out of Service from the commencement of the War untill the reduction of the british Army under the Commandg genl. Burgoyne, in which he challenges to himself some show [?] of merit since no one else (to his knowledge) has been willing to give it him.
Your Petitioner is sensible that Congress at the time of Genl. Arnold's application for a trial were imbarrassed on all Quarters, and no doubt laboured under high prejudices with Respect to your Petitioners Character owing perhaps to the Representations made them by Genl. Gates, who 'tis possible has been mistaken to his Sorrow with respect to his Friend—which prejudices your Petitioner hopes time and events have eradicated, he therefore can assure Congress, that he hopes and wishes for nothing more than common justice altho the History of the War and his present infirmities received therein, might entitle him to something more. But to stand conviction by a Decree of Congress of publishing cruel and groundless assertions or Libels without a hearing when actually fighting for Liberty is intolerable in a free Country and has a direct tendency to check the ambition, and even disaffect those Men by whose wisdom Valour and perseverance America is to be made free, not to mention the dangerous president such trials may afford. Your Petitioner therefore implores Congress to reconsider their determination on the impeachment of Genl. Arnold, as there cannot at this Day remain a possibility of Doubt but that the same was premature, and furnished Genl. Arnold with a foundation to establish a Character on the Ruins of a Man who to speak moderately has rendered his Country as essential [?] Service as that Donquixote Genl. whose reasons for evading a trial at a proper tribunal are very obvious and fully set forth in my impeachment & which the Genl. has had his pretended trial by which impeachment it fully appears that Genl. Arnold was resqued from Justice by mere dint of unlawfull authority exercised by Genl. Gates.
Your Petitioner relying on the Wisdom and Justice of Congress begs leave to submit [?] himself most Respectfully their very obedt. Humble Svt.
Jno. Brown.
Petition [?]
9th June 1779 Honle Jno. Jay Esq.
Presidt. Congress
§1. Military Record of John Brown.
First. Fourteen (14) days in Ticonderoga expedition, engaged in capture. (See "Connecticut in Revolution," p. 32.)
Second. Major, Colonel Easton's Regiment, service from May 10, 1775, to December 30, 1775, in list of men who marched to Canada. (See "Massachusetts Soldiers and Sailors," vol. ii. p. 642.)