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