Owen McGinty Sentenced to Pay Stoppages, Two Copies of Court Martial Enclosed
Document 1798O. McGinty only prisoner/deserter to be sentenced to pay stoppage. Enclosed copies of court martial hearing to support statement. Tousard requested the pay of two deserters in next months pay roll.
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[Endorsement on cover:]
Fort Mifflin
Louis Tousard
June 19th 1798
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 prisoners Deserters 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 other if Such had been the Case —.
I will therefore recall 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 obedt
& Very hble Servt
Louis Tousard
Wm Simmons Esqr.
Accountt War Dept.
[Enclosure wrapper:] Copy certify'd of the proceedings of the General Court Martial held at Spring Garden by order of Major Lewis Tousard 11th may 1798
[Copy]
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 Members Lieut. Hyde
Lieut. Muhlenburg Ensign Hall
The board 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 1797 —
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 McLean on the 16th Feby 1799 — 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 to be inflicted at four Difft 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
Signd Donald G. Mitchell
Capt. of Artillery and Engineers
President of the Court Martial.
The Commandant did Maturely Consider the Peculiar Situation in which stood the two Prisoners, As he is in the hope that they will prove Worthy the Lenity and Mercy he is disposed to Shew them, he has forgiven and Pardon them the first Part of the Sentence of the Court Martials, 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 the 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
Type
Autograph Letter Signed
Description
O. McGinty only prisoner/deserter to be sentenced to pay stoppage. Enclosed copies of court martial hearing to support statement. Tousard requested the pay of two deserters in next months pay roll.
Date
06/13/1798
Author
Recipient
Sent from
Fort Mifflin
Document number
1798061370001
Page start
1
Note
Encloses a copy of court marshall proceedings at Spring Garden 5/11/1798.
Notable persons
William Simmons
Lewis Tousard
Notable locations
Fort Mifflin

