COPY: [Copy of court martial proceedings at Spring Garden 5/11/1798. Enclosed in Tousard to Simmons 06/13/1798.]
Document 1798Record of court martial proceedings against deserters. Court found 2 prisoners guilty.
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[Endorsement: Fort Mifflin / Lewis Tousard / June 19th 1798 / No. [undecipherable]]
Fort Mifflin June 19th 1798
Sir
I received the letter which you honoured me with the 9th instant and also the observations it contains on the pay roll of the detachment under my Command for the month of may 1798.
Of all the prisoner Desertors which have been tried by court Martials, Owen Mc Ginty is the only one who is Sentenced to legal Stoppages as you will See from the two Copies of the proceedings of the General Court Martial which I here inclose – no pay was made up for him in my pay roll and I would have mentioned it for the others if Such had been the Case —.
I will therefore recal the pay of John Quinn, and owen Lynch in the next month's pay roll, which I constantly direct myself and See done as correct as possible
With the greatest respect
I am
Sir Your Most obed[ient]
& Very Humb[le Serv't]
Lewis Tousard
W.m Simmons Esqr.
Account War Dep.t
[Enclosure: Copy certify'd of the proceedings of the General Court Martial held at Spring Garden by order of Major Lewis Tousard 11th may 1798]
Spring Garden Rendesvous —
11th May 1798 —
At a General Court Martial convened in obedience to the Order of Major Lewis Tousard for the Trial of such Prisoners as Should be brought before them
Capt. Mitchell, President
Lieut. Smith } Lieut. Hyde
Lieut. Muhlenburg } Members Ensign Hull
The Court being duly Sworn proceeded
to the trial of —
John Ewan of Capt. Leus Company, charged with Desertion from Detroit in the fall of the year 1795 —
The Prisoner Pleads Guilty —
The Court finds the Prisoner guilty of the Charge exhibited against him and Sentences him under the 1st Article of the Sixth Section of the rules and articles of War, and the Seventeenth Section of the Act of Congress entitled an act to ascertain and fix the Military Establishment of the United States " to receive one hundred lashes, and to be retained in Service for and during such a period as shall with the time he may have served previous to his Desertion amount to the full time of his Enlistment.
John Lynch Charged with Desertion from Ensign M'Lean on the 16th Feb.y [undecipherable: probable reading 1797] — Pleads Guilty.
The Court finds the Prisoner guilty of the Charge exhibited against him, and Sentences him under the 1st article of the Sixth Section, of the rules and articles of War, and the Seventeenth Section of the Act of Congress entiteled " an act to ascertain and fix the Military establishment of the United States " to receive one hundred lashes to be inflicted at four diff.t times in equall Portion and to be retained in Service for and during such a period, as shall with the time he may have served previous to his Desertion, amount to the full time of his Enlistment —
The Court having no further business adjourned Without Day
Signed Donald G. Mitchell
Capt. of Artillerists and Engineers
President of the Court Martiall.
The Commandant did Maturely Consider the perilous Situation in which stood the two Prisoners, As he is in the hope that they will prove Worthy the kindness and Mersey he is disposed to Show them, he has forgiven and Pardon them the first part of the Sentence of the Court Martiall, and orders the Second part of it which relates to the time they have to serve to have its full effect – Orders also they shall be released immediately and returned fit for Duty.
Fort Mifflin 22 May 1798
Signed Lewis Tousard Commandant
I do Certify that this above are the true copy of the proceedings of the General Court martial held at this garrison the 11th of may 1798
Lewis Tousard Commandant as [undecipherable]
Type
Copy of Signed Document
Description
Record of court martial proceedings against deserters. Court found 2 prisoners guilty.
Date
06/13/1798
Author
Document number
1798051170001
Page start
4
Notable persons
Lewis Tousard
Captain Mitchell
President
Lieut. Hyde
Ensign Hall
Lieut. Smith
Lieut. Muhlenberg
John Swan
deserter
court
prisoner
John Lynch
Ensign McLean
artillerists
engineers
commandant
Notable locations
Spring Garden
rendezvous
rendez vous
Detroit
Notable items
court martial proceedings
lashes

