Court Martial of Capt. John F.D. Smyth, Queen’s Rangers, 4 to 8 May 1779. Courtesy of Todd W....

8/11/2019 Court Martial of Capt. John F.D. Smyth, Queens Rangers, 4 to 8 May 1779. Courtesy of Todd W. Braisted (http://

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(Court Martial of Capt. John F.D. Smyth, Queens Rangers, 4 to 8 May 1779. Courtesy of

Todd W. Braisted,http://www.royalprovincial.com/ )

At a General Court Martialheld at Jamaica on Long Island in the Province ofNew York, on Tuesday the 4

thday of May, and continued by Adjournment to Saturday

the 8th

day of May 1779, by virtue of a Warrant, bearing date the 3rd

day of May 1779from His Excellency Sir Henry Clinton, Knight of the most honorable order of the Bath,

General and Commander in Chief of all His Majestys Forces within the Colonies laying

on the Atlantic Ocean from Nova Scotia to West Florid[a] inclusive &c. &c. &c.

Lieutenant Colonel John Yorke of His Majestys 22nd

Regt. President

Members

Major Alexr. Menzies, Gl. DeLanceys Brigd.Capt. Stephen Fromfield 54

thRegt.

Captain Charles Lumm 38th

Regt.

Capt. Walter Home 7th

Regt.

Captain Ludovick Colhoun 74th

Regt.Capt. Gilbert Colden White DeLanceys Brigd.

Capt. Elijah Miles, Gl. DeLanceys Brigd.

Lieut. John Merideth 70th

Regt.Lieut. William Raymond 33

rdRegt.

Lieut. George Cleghorn 22nd

Regt.

Lieut. Joseph Moland 26th

Regt.Lieut. Robert McFarlan 74

thRegt.

Lieutenant John Blucke of His Majestys 23rd

Regiment or Royal Welsh Fuzileers

Assistant Deputy Judge Advocate.

The President, Members and Assistant Deputy Judge Advocate being dulysworn.

Lieut. Colonel SimcoeCommanding the Queens American Rangers [s]toodbefore the Court to answer to the same Charges which were brought against him by Capt.Smyth of the same Corps before a late Court of Enquiry.

Charge the 1st

That altho his Company is only attached to the Queens Rangers by thefollowing General Order. Head Quarters, German Town 16

th October 1777. Capt.

Smyths Company of Provincials is attached to the Queens Rangers under the Command

of Major Simcoe to whom all reports and Returns from said Company are to be made.

Which Order plainly evinces that Captain Smyth was intended to Command his own mentotally. Yet in direct violation of Captain Smyths promise to his men, Lieut. Col.

Simcoe at once drafted above Seventy of his men to fill every Company in the Regiment

of Queens Rangers, and immediately put his men on duty on an Outpost before they wereCloathed; and that Lieut. Col. Simcoe has occasionally and continually drafted Captain
http://www.royalprovincial.com/http://www.royalprovincial.com/http://www.royalprovincial.com/http://www.royalprovincial.com/


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Smyths Company ever since to complete two Flank Companies doing duty with the

Regiment, and a Troop of Horse besides. All which has injured Captain Smyth, not only

in the loss of men by causing great numbers to Desert, but also in depriving him of aCommand to which he was entitled by every just prtension; and is keeping up a Regiment

of ten Companies of Foot, and one Troop of Horse at the Expence of Captain Smyth.

Captain John Ferdinand Dalziel Smythbeing duly sworn, deposed that afterjoining the Queens Rangers, According to General Sir William Howes Orders, his

Company was drafted without either a General or Regimental Order. That ColonelPatterson told him he thinks in February 1778, that his Company was not to be drafted, as

it was liable to be detached again upon any future General Order. That he conceived

when his Company was drafted in order to level the other Companies of the Queens

Rangers, in case he was to be detached again from them, he might have his own menback again; and that those men still belonged to him, altho they were doing duty in other

Companies. That Lieut. Colonel Simcoe drafted his Company to form a Troop of Horse

and to complete Flank Companies without regard to either Roster or Rotation, altho the

Flank Companies only did duty with the regiment, which made him conceive there wasless occasion for their being complete, than if they had been acting in Battalion. That he

cannot conceive any Commander in Chief would permit ten Companies of Foot and one

of Horse to be kept up at his expence.Q. (by the Court) What expence was you at in raising that Company, and have

you vouchers of those expences to shew the Court?

A. I was at the expence of upwards of three hundred Guineas. It is impossible Ishould have vouchers, as the Company was raised in Philadelphia. I did not think I

should ever be called upon for any: Our having evacuated that place, puts it entirely out

of my power to collect them.

Charge the 2nd

ThatLieutenant Colonel Simcoe Ordered Captain Smyths money vizt. the payand Bounty of his men to be paid to the Captains in whose Companies Capt: Smyths

men were drafted, who had no accounts against them. Whereas it ought to have beenpaid to Captain Smyth to satisfy their debts to him, and the Balances paid by him either to

the men or to the Captains who Commanded them. This has occasioned Captain Smyth

to lay out of, or lose by far the greatest part of his Companys debt s to him, very little ofit being paid even yet.

Captain Smythdeposed that the Pay and Bounty of the men raised by him wasnot paid to him, so that the men who were drafted to the different Companies stillremained in debt, excepting partial payments from three Companies.

Charge the 3rd

Captain Smyth complains that Lieut. Col. Simcoe having deprived CaptainSmyth of his proper Rank in the Regiment for above 15 months. Ever Since Captain


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Smyth sought redress for that injury he Vizt. Lieut. Col. Simcoe has not only taken every

means in his power to distress, harrass and injure him, but has also suffered others to do

so, and paid no attention to Captain Smyths Complaints.

Captain Smythdeposed that his rank has been restored to him, but not by any

partiality or injustice of Lord Rawdon, as Lieut. Col: Simcoe would insinuate, nor by anyabuse of Lieut. Col. Simcoes confidence, Captain Smyth never being favoured with any

share of it. That Lieut. Col. Simcoe has taken every method of distressing him will

appear by what follows, Vizt. That of ordering a Regimental Court of Enquiry on himconsisting of one Captain and two Subalterns on the false assertion of a Deserter that was

enlisted by him for a City Guard in Philadelphia, to justify desertion. Also that of

releasing every prisoner (excepting one) ever confined by him. Vizt. John Henricks,

Peter Henson, Thomas Burnes and Park private Soldiers in his Company, confined by hisOrder for entering into Combinations with William Cosgrave a Deserter, and with each

other against His Majestys Service and against the Regiment: The Crime dated

Philadelphia May 1778. Capt. Smyth deposed he cannot be certain the above men and

Crime were the Same he did give in, but from recollection in a paper he has since foundwith the Names and Crimes, he believes them to be the same: but to convince the Court

of the certainty of those mens Names and Crime being the same as was given in when

they were Confined, he called upon Captain David Shankof the Queens Rangers, whobeing duly sworn was examined.

Q. (by Captn. Smyth) Do you remember when you was upon Guard, having

received into Charge the Prisoners and the Crime you have heard named?A. I do not recollect being upon Guard but there were a number of men confined

by you, and some such Crime given in as you mention and I recollect that some of these

men were released by Col: Simcoe.

Captain Smyth further deposed that William Harvey private Soldier in hisCompany was confined by him in June 1778 for repeated Desertion, and twice in thatmonth released without a trial: also Corporal Rutter of his Company was confined by him

for insolence, neglect of duty, making false complaints against him: the Crime bearing

date August 1778 and he was twice released without trial and then transferrd to anotherCompany. That he (Captain Smyth) arrested Ensign James Doe in August 1778 for

disrespectful and insolent words and behaviour to him on his Companys Parade, when

he and the Company were under Arms. That Lieut. Col: Simcoe on hearing of it,

immediately released Ensign Doe. That he (Captain Smyth) arrested Ensign Doe the dayfollowing for threatening words, actions and behaviour to him: for raising and

spreading false and Scandalous reports of him both in Words and writing, and for

mutinous expressions: and he was again immediately released. That he (Capt: Smyth)then waited on Col: Simcoe, who had released Ensign Doe, and Col: Simcoe ordered himnot to arrest Ensign Doe again. That he confined Serjeant McComb of his Company for

repeated neglect of Duty, and not shewing or sending Orders to him: dated Oyster Bay

March 1779, and he was released three times.

Capt: Smyth deposed that he confined Ferdinand Gonsolaz Private Soldier inhis Company for repeatedly making false complaints against him: the Crime dated


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early in April 1779, and he was released three times without trial: that after his being

three times released, he confined him again for insolence, and he was again released

without trial. To prove the above assertion he called upon Corporal Gilbert Garlandof the Queens Rangers, who being duly Sworn was examined.

Q. (by Capt: Smyth) Do you remember when I ordered you to confine

Ferdinand Gonsolaz for insolence to me, that I ordered you to give in a written Crimewith him?

A. You did order me to give in a Written Crime with him, and I did so.

Captain Smythdeposed that Lieut. Col. Simcoe ordered his Battman from hisHorses and Baggage before he came up to the march to Mount Holly in the Jerseys,

thereby leaving his Horses and Baggage on the Road to be lost. To prove which assertion

he called upon Captain John Mackay of the Rangers, who being duly sworn, wasexamined.

Q. (by Capt: Smyth) Do you recollect the time in coming through the Jerseyswhen Lieut. Colonel Simcoe ordered my Battman from my Horses and Baggage, so that

they were in danger of being lost?A. [A] Serjeant of Captain Smyths came to me and told me that Captain Smyths

Batman was by order of Lieut. Murray, who Commanded Capt: Smyths Company, tojoin his Company, the Serjeant adding he (Lieut. Murray) said it was by Order of Lieut.

[Colonel] Simcoe.

Captain Smythcalled upon Serjeant Samuel Burnettof the Queens Rangerswho being duly sworn, was examined.

Q. (by Captain Smyth) Do you remember that on the march through the Jerseysmy Battman was ordered from my Horse and Baggage by Lieut. Col. Simcoe?

A. Lieut. Murray who Commanded your Company [said] to me to go to the

Battman and tell him to join his Company, Lieut. Col. Simcoe having given orders forthat purpose.

Q. (by Captain Smyth) Did not Lieut. Murray say my Horses and Baggage

were to be left where they were?

A. I cannot assert that.Q. (by Col. Simcoe) Who took care of Captain Smyths Baggage the next days

march?

A. I think Daniel Oliver a private Soldier in Capt. Smyths Company.Q. (by Capt. Smyth) Dont you mean the march the day after I arrived, that

Daniel Oliver took care of my Baggage?

A. Daniel Oliver was the only man missing from the Company, after the first

Battman was taken away.

Captain Smythdeposed that Lieut. Col: Simcoe confined his Drummer, whiteServant and black Servant on the same march for no Crime. That he requested theyshould be released, that Lieut. Col. Simcoe refused it, adding they should be tried by a

Court Martial. Also that Lieut. Col. Simcoe by drafting men from his Company against

their will; or by drafting or transferring every good man from his Company on the first


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trifling offence or complaint, and not transferring any bad men from his Company if he

complained or Sollicited ever so often, thereby occasioned much harrassing to him.

The CourtAdjourned till next morning at 10 OClock.

Wednesday the 5th

of May 1779.

The Courtmet pursuant to Adjournment.

Captain Smyth deposed that his whole Company was very averse to beingattached to the Queens Rangers for fear of being drafted. That several men before that

attachment informed him they had refused to enlist in the Queens Rangers. That when

they were first drafted from his Company, he was absent from it, and had repeated Letters

and personal applications from those men who were drafted complaining of it, as theyhad been promised by him they should not be. That he is led to believe their being

drafted and put upon an outpost without being cloathed was the occasion of many

deserting. That one Thomas Hackett of his Company was drafted into the LightCompany, and deserted as he thinks more than once. That he has been since found and

returned to his (Capt: Smyths) Company by order of Lieut. Col: Simcoe at Kensington,

and still remains in it. That he (Hackett) said he never would have deserted, had he beenallowed to have remained in his (Capt. Smyths) Company. That he (Capt. Smyth) also

recollects that Thomas Moore and James Bense of his Company were ordered to be

drafted to the Grenadier Company some time before the Army left Philadelphia: that they

both complained of it to him: that before the complaint, they had been taken from hisCompany without his knowledge: that Bense said if he was drafted from his Company he

would desert: and Moore declared he would not leave the Company if he could help it.

That he (Capt. Smyth) then ordered them back to his Company, till they were orderedfrom him by proper authority. That the next day the Regiment marched out, but he is not

certain if Lieut. Col: Simcoe went with it, tho he believes he did, but not in the same

division with him. That on the march Captain Armstrong of the Grenadiers came to his

Company tooke Bense out of the Ranks and said to him (Capt. Smyth) refuse him atyour peril. That he then made no reply as Captain Armstrong was his senior Officer.

That Bense afterwards deserted at Kings Bridge. That Phillips of his Company was taken

from it to do duty in the Hussars at Kensington, and was returned to it at Kings [Bridge],where he deserted.

Q. (by Col: Simcoe to Capt. Smyth) Did Hacket ever complain to you after he

was drafted?

A. Frequently.

Captain Smyth called upon Thomas Hacket, who being duly sworn, wasexamined.

Q. (by Capt. Smyth) Did I speak to you or send a message to you yesterday or

since?


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A. I was sick in my Quarters, when you passed them yesterday Evening. One

McEwen went out of my Quarters as you was passing: he returned and told me you had

sent me half a Dollar to bear my expences to Jamaica, where I was to attend this morning.

Q. (by Capt. Smyth) Did you not tell me you never would have deserted, had

you not been drafted from my Company?

A. I did not.

Capt: Smythto prove the above assertion called upon Serjt. Samuel Burnett,who being already duly sworn was examined.

Q. (by Capt. Smyth) Did you not hear Hacket say he never could have absented

himself, had he not been drafted from my Company?

A. I absolutely did.

Q. (by Capt. Smyth) Have you not heard him say so very often?A. I have repeatedly heard him say so.

Q. (by Capt: Smyth) Did you not the day or day before my Company joined the

Queens Rangers after the Order of being attached to them, hear the men complain to me

on Parade of their being averse to the attachment for fear of being drafted into thatRegiment, and that I promised them not a man of them should be drafted, on which they

were reconciled and marched?

A. You did promise that on the parade, and the men seemed very averse tojoining that Corps for fear of being drafted.

Q. (by Capt. Smyth) Were there not men in my Company who refused to enlist

in the Queens Rangers, and afterwards enlisted in my Company?A. I was one myself.

Q. (by Capt. Smyth) Upon my mens being drafted; were they not perpetually

complaining to me of it?

A. Yes.

Q. (by Capt. Smyth)

Were not those men put upon Duty without Cloaths? anddont you conceive that that joined to the drafting caused men to desert?

A. They were put upon Duty without Cloaths, but cannot tell if that was the causeof their deserting.

Q. (by Capt: Smyth) Do you not recollect when Bense and Moore were drafted

contrary to their inclination from my Company into the Grenadiers, I took them back: and

that upon a march afterwards Capt. Armstrong came and took Bense from my Company?A. I recollect there was a regimental Order issued by Lieut. Col: Simcoe saying

that any men in the different Companies under his Command, fit for Grenadiers might be

taken by Captain Armstrong, Bense and Moore were pitched upon by Captain Armstrongfor Grenadiers, and his Serjeant came and took them. The next day you joined your

Company on a march about a mile from Town, and asked for those men, threatening toconfine me for suffering men to be taken from your Company without your knowledge,

and I told you I could not oppose an Order of Col: Simcoes. You then sent me to fetchthe two men back, which I did. The next day we marched again, and Capt: Armstrong

came to you and said he did not wish to take men against their will, and at the same time

asked the two if they objected. Bense turned out and Moore refused. Capt. Armstrongthen took Bense with him.


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Corporal Gilbert Garland was called into Court, who being already sworn,was [as]ked the foregoing Question.

A. Bense went to Captain Armstrongs Company willingly: Moore was notwilling, & therefore remained.

Captain Smythcalled on John GeePrivate Soldier in his Company, who beingduly sworn was examined.

Q. (by Capt. Smyth) Did you never hear Hacket say he would never would

have absented himself, if he had not been drafted from my Company?A. No, never had any conversation with the man.

Q. (by Capt. Smyth) Were not my men in general very averse to being drafted?

A. In general I believe they were.

Captain Smyth deposed that Lieut. Col. Simcoe did not suffer EnsignBradstreet to make any Stoppages from his men, for five or Six and twenty Pounds forfour months, and obliged him (Captain Smyth) to pay Ensign Bradstreet twenty one

pounds fourteen Shillings and three pence, altho the Company owed him more at thesame time. That Lieut. Col. Simcoe ordered the Paymaster to pay a Sum of his (Capt.

Smyths) that was in his hands, for which he had given Receipts, into the hands of Mr.

Bradstreet. To prove which assertion, he called upon Lieut: and Qu[a]rter MasterMattheson, paymaster to the rangers, who being duly Sworn was examined.

Q. (by Capt. Smyth) Did you not pay a Sum of money of mine which was in

your hands to Mr. Bradstreet by Lieut. Col: Simcoes Orders?

A. I did.Q. (by Capt. Smyth) Had I not given you as paymaster Receipts for that

money?

A. You had.Q. (by the Court)

Was that money the personal Subsistence of Captain Smyth,

or the Subsistence of his Company?

A. Was the Balance due his Company to the 24th

August, and the Balance of his

own Subsistence to the Same date. The money was in Dollars, which Captain Smythdesired me to keep for him till he called for it. Upon my receivingCol: Simcoes Letter

to pay the Balance of Capt. Smyths Company to Mr. Bradstreet, I gave the whole to him

to save trouble, as it was in Dollars, and Mr. Bradstreet saw [said?] he would send Capt.Smyths Balance to him.

Captain Smythdeposed that Lieut. Col: Simcoe ordered Ensign Bradstreet topay money to every one of his men, even to those deeply in debt, about the middle of

January 1779, after he had taken back the oayment of his Company, and being present

had made his Report, after the state of their debts and credits had been given in to Lieut.

Col. Simcoe and himself from Ensign Bradstreet.

Captain Smythalso deposed that Lieut. Col. Simcoe told him at Kensington, heshould never do duty in the Regiment Senior to Captain McGill, altho he was Se nior in

Commission that after his Rank was restored, he ordered him into new Quarters, tho he


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was sickly: that a little time after Lieut. Col. Simcoe ordered other Officers into the same

Quarters, which he occupied when he was well.

Captain Smythlikewise deposed that Lieut. Col. Simcoe gave his Subaltern thenomination of a Noncommissioned Officer altho he was present. Also that Lieut. Col.

Simcoe permitted him to be arrested by Major Armstrong, concerning his Report asCaptain of the day altho he never made an improper Report, and altho Major Armstrong

accepted the same Report which he had refused.

The Courtadjourned till next morning at 10 oClock.

Thursday the 6thMay.


Captain Smyth deposed that he was the third or fourth Battalion Captainpresent in the Regiment, and consequently had a right to expect to Command a GrandDivision: that Lieut. Col: Simcoe, on purpose to prevent it, transposed his Company into

Captain Dunlops Grand Division, and would not alter it when it was asked as a favor

from Lieut. Col: Simcoe.

Captain Smythdeposed that Lieut. Col: Simcoe received a partial state of hisCompany from Ensign Bradstreet of Debts and Credits, when he (Capt. Smyth) was

present, which did not include his Debts. To prove which assertion he called upon

Ensign Bradstreetwho being duly sworn was examined.

Captain Smythproduced a State of his Companys Debts and Credits to the 24th

December 1778, and asked Ensign Bradstreet if it was not a true Copy of the one that wasgiven to Lieutenant Colonel Simcoe?

A. Such a Copy was given, but there was an error in not putting some articles

down that should have been, which were on a separate Sheet of paper.Q. (by Capt. Smyth) Was that separate Sheet of paper delivered in, and what

amount might it be?

A. It was not; the amount was not near five pounds.

Q. (by Captain Smyth) Was it not about the middle of January that state wasdelivered in?

A. The state laying on the Table was delivered in the 16th

January, and the next

state the 19th

January.

Captain Smyth deposed that He complained to Lieut. Col: Simcoe that theAdjutant refused to carry Official Reports and Returns to him; but that Lieut. Col:Simcoe did not redress that grievance.


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Charge the 4th.

That Lieut. Colonel Simcoe ordered two Regimental Courts of Enquiry onCaptain Smyth, consisting of one Captain and two Subalterns, on the Complaints of men

and never communicated the result to him.

Captain Smyth deposed that after Lieut. Col. Simcoe had ordered two Regl.Courts of Enquiry upon him, yet he never communicated the result to him, which he

thought a Grievance and improper.

Charge the 5th.

That on Complaints against Captain Smyth being found malicious and totallyfalse and groundless: Lieut. Col. Simcoe not only suffered persons so complaining to go

unpunished but released them when confined by Captain Smyth, and repeatedly releasedthem after a Crime was given in.

Captain Smythdeposed that if a Noncommissioned Officer or Soldier shouldbe improperly confined by him, a Court Martial would after giving them a fair tryal,

certainly acquit them. If the Court found them guilty, Lieut. Col. Simcoe would certainly

have had it in his power to punish or release them at his discretion: but that it wasimpossible Lieut. Col. could judge properly without hearing both Sides. That he (Lt. Col.

Simcoe) always released men confined by him, without seeing hearing or consulting him

at all. That Lieut. Col. Simcoe released eight men which are all excepting one everconfined by him in the Regiment with a Crime given in. That it appears to him very

extraordinary that every one of those few should have been unjustly or improperly

confined. That for instance Ferdinand Gonsolaz Private Soldier in his Company

complained to Lieut. Col. Simcoe that he was charged in his accounts for breaking aFirelock and losing a Bayonet in March 1779, and he (Capt. Smyth) knew nothing of the

complaint. That Lieut. Col. Simcoe sent for his Books, & therein found the man had

been charged with them in July 1778, and that he had Credit for them again in August1778, on his (Captain Smyths) finding that he is not to pay it himself. That it appeared

the man knew all this, and had complained falsely and maliciously yet Lieut. Col. Simcoe

did not confine him, but suffered him to pass unpunished and even unreprimanded. Thatafter this he (Captain Smyth) confined the man for complaining falsely, and Lieut. Col.

Simcoe released him three different times. He further said he confined him about the first

of April 1779 the first time, and that he confined him three different times upon each

other.Q. (by Lieut. Col. Simcoe) After I released the man who was confined for

making false complaints what interval of time was there between that and your confining

him for insolence?

A. I think it was about the 2nd

April at Night.

Captain Smyth to prove that Lieut. Col. Simcoe found the Complaint of theman groundless, called upon Serjeant Burnet, who being already duly sworn was

examined.


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Q. (by Capt. Smyth) Did you not hear me make Gonsolaz sensible that he had

Credit for the Firelock and Bayonet, long before he complained to Lieut. Col. Simcoe,

and did you not yourself make him sensible of it?

A. Yes.

Charge the 6th

.

That Lieut. Col. Simcoe not only released all the men ever confined by Capt.Smyth, but also released an Officer twice from Captain Smyths Arrest.

This Charge having been examined into by a former deposition of CaptainSmyths, it was left unnoticed.

Charge the 7th.

ThatLieut. Col. Simcoe not only reprimanded Captain Smyth at the Complaintof one of the men, without that Complaint being proved, or hearing Captain Smythsdefence but also ordered Captain Smyth never to strike a Soldier on any provocation,

under pain of being arrested and tried for disobedience of Orders. That afterwardsCaptain Smyth confining that man several times for his insolence and false complaints,

Lieut. Col. Simcoe released him every time, altho a crime was given in.

ThisCharge having been examined in a former deposition of Captain Smyths itwas left unnoticed.

Charge the 8th.

ThatLieut. Col. Simcoe gave orders that no man was to be received as a prisonerthat was confined by Captain Smyth; which in effect is depriving Captain Smyth of every

kind of authority and Command.

Captain Smythdeposed that he had by him a Report which he produced to theCourt, dated the 6

th of April 1779, with written orders at the Bottom in the following

words Vizt. No man to be received as a prisoner that is confined by Captain J.F.D.

Smyth.

Lieutenant Allen of the Queens Rangers, whose name was affixed to theReport, was called before the Court, and being duly Sworn was examined.Q. (by the Court) Did you receive the Orders specified in your Report verbally

or in writing from the Officer you relieved?

A. Verbally.


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Charge the 9th.

ThatLieut. Col. Simcoe drafted Captain Smyths Servant or Batman (whom hehad turned in the Ranks for some time as punishment for misbehaviour) into a Tro[o]p of

Horse, which he also composed of men taken from the different Captains without their

consent for a new Captain without men.

ThisCharge having been examined in a former deposition of Captain Smyths,was left unnoticed.

Charge the 10th.

ThatLieut. Col. Simcoe instead of attending to Captain Smyths complaints, orgiving him redress, would not even read a Letter from him to that purpose, and never

answered or took any notice of another Letter from Captain Kerr to the same effect, but

immediately ordered Captain Kerr to Georgia on the recruiting Service.

Captain Smythdeposed that he thought it very hard that a Commanding Officerdid not attend to Letters from Officers with complaints that ought to be redressed. That

he conceived Captain Kerr as a particular Evidence in his favor. That he endeavoured to

have him stopt from going to Georgia on that account.

Q. (by the Court) In what points would Captain Kerr have been examined asyour Evidence?

A. He would have been a material Evidence in the 2nd

Article: and I conceive he

would have been a material Evidence in the 3rd

and 4th

concerning the Courts of Enquiryand the subsequent ones; particularly in the 10

thconcerning his own Letter.

The CourtAdjourned till 12 oClock the next day.

Friday the 7thMay.


Lieut. Col: Simcoebeing called upon to answer the foregoing Charges, Spokeas follows Vizt.

I beg leave to submit to the Court the difficulties I labour under from the length of

time to which the detail of accusations I am charged with has been protracted; I mustdesire therefore the Courts indulgence in remarking to me any single point of the

accusations that I appear not clearly to disprove, for as I cannot be conscious that myconduct has never proceeded from the unworthy motives Capt. Smyth insists on. I am

convinced there exists favorable Evidence for me tho thro my neglect or ignorance, it

be not immediately produced.I was appointed to the Command of the Queens Rangers the 15

thOctober 1777

being then on duty at the Batteries of Mud Island: I joined the Corps the day following


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when Captain Smyths Company was ordered to be attached to it; from which time to the

present hour my Command has continued has continued [sic] over the Queens Rangers

and Captain Smyths Company as a part of it.The Company joined the Regiment in Philadelphia, when Lieut. Col. Patterson

Adjutant General Ordered me to draft it, leaving him a Company.

All returns that were made to the Adjutant General specified the Company to beso drafted. To leave the Battalion properly composed of eight Companies, I formed anHighland Company, which Sir William Howe was pleased to notice and approve. In the

particular Orders of thanks to the Rangers, for their behaviour at Brandy Wine, he was

pleased to dwell on their loss and expressed to me what a seasonable recruit CaptainSmyths Company would be.

To prove that Capt: Smyth speaks a wilful falsehood whenever he asserts that he

has the least title to expect to be detached from the Rangers; Captain Smyths

Commission is as Captain of that Corps.Lieut. Murray in the General Orders of the 24

thof Novr. is appointed Lieutenant

in Captain Smyths Additional Company of the Queens Rangers: his Commission is

simply as Lieutenant in the Queens Rangers.The Court having asked Captain Smyth some Questions relative to what he dwells

on, his Expenses, I beg leave to say, that it did not appear from the condition the men

were in, that they had received any money or Cloathing. Captain Smyth offered no

additional bounty: no other Corps recruited at that period, and the very alehouse expencescharged against his recruits, as one of the inadmissible articles in their accounts.

In regard to his just pretensions, it was publickly said that Captain Smyths

Company being in general Rebel Deserters and not Loyalists as he had been ordered toraise was one reason of his being sent to the Rangersfor they having a General Order

in their favor to enlist Rebel Deserters, and all other Corps being excluded, had a right to

any men of that description that Captain Smyth had enlisted.

Lieut. Col: Simcoe said that Captain Smyth had read a paper to the Court,entitled Captn. Smyths situation &c. wherein he mentioned a proposal made by him toGenl. Sir Wm. Howe and Sir Wm. Erskine in April 1777 of reducing the 13 Counties

between Chesapeak and Delaware, and of embodying a number of Loyalists in those

parts; in consequence of which he was taken from Colonel Robinsons Loyal American

Regiment, wherein he had a Company, for the avowed purpose of raising a Regiment forSir William Erskine (as he always understood) and of being otherwise serviceable. Lieut.

Col. Simcoe asked Captain Smyth the following Questions. Vizt.

Q. Will Captain Smyth be pleased to produce his Commission to the Court?A. I have it not about me, but it imports that I am to Command a Company in the

Queens Rangers.Q. You say in your paper entitled Your Situation &c. that you had orders to

enlist no men but of approved Loyalty and attachment to Government. Do rebelDeserters come under the denomination of approved Loyalists?

A. I had orders to enlist any men that I thought good; but to be particular careful

they were so. I conceive a great number of men, who have deserted from the Rebels,have been Loyalists from the beginning, and forced into their Service, and who have

deserted from them the first opportunity: Instances of which I have in my own Company.


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Q. In the same Paper you say you proposed to raise men who were well

acquainted with the roads throughout the Country. Do rebel Deserters come under that

description?

A. I conceive they do.

Q. What do you mean by saying you refused many men as improper persons, that

other Corps must enlist?A. A great number of men came to me at Philadelphia when having examinedthem, I conceived some only wished to enlist for the sake of Provision, Cloathing or

some other Sinister purpose: on which suspicion tho their appearance was ever so good, I

did not enlist them.Q. In the said paper you have asserted you had a Commission in Col. Robinson

Corps, I beg to know the date of it?

A. I have a Warrant dated the 10th

April 1777.

Q. You say in said paper, you are the oldest Captain in the Provincial Service.What is the date of your Commission, and from whom did you receive it?

A. I received it from Lieut. Col. Connelly: it was dated Novr. 5th

1775.

Q. (by the Court)

Who was Lieut. Col. Connelly?A. He was to Command a Regiment of Rangers in Canada, but he and myself

were taken going to Detroit.

Q. (by the Court) By whose authority did he grant Commissions?

A. General Gages.Q. (by Lieut. Col. Simcoe) Did you ever receive any pay as Captain from the

Commission granted you by Col. Connelly?

A. None.Q. Did you ever receive pay from Col. Robinsons Corps as Captain?

A. I never applied for it.

Lieut. Col. Simcoeproduced a Letter to the Court from the paymaster of LordDunmores Forces which is as follows, Vizt.

New York May 5th

1779

Dear Sir,

In answer to your enquiries, I can avouch it as a fact that Captain Smyth had

from Lord Dunmore only the appointment of a Surgeon, and have heard Lord Dunmoreoften regret his having even granted him that, and imputing it to the importunities of

Col: Connelly. Lord Dunmore furnished me with a list of the Commissions he issued,

and granted an order for paying the Officers, in both which Mr. Smith was rated aSurgeon, and received pay accordingly.

I have heard since that Col. Connelly carried with him some blankCommissions for raising a Regiment; whether Smyth has, by approbation of Colonel

Connelly, got one of those filled up, I know not. But this is certain, having never beenon any service, but with Col. Connelly, if he has any such Commission, he did not

claim under it, but received pay as a Surgeon.

I am &c.Hector MacAlester.


14/26

Lieut. Col. Simcoelay before the Court the following Letter from LieutenantColonel [sicColonel] Beverly Robinson, Vizt.

New York May 6th

1779.

Sir,

In answer to your Letter of Yesterday, I can only say that Captain JohnFerdd. D. Smyth had a Warrant from me as Captain dated the 10

thof April 1777, but

never had a Commission; he never raised any men from [sicfor] my Corps, nor did he

ever join or do any duty with us; he went with the Army under Sir William Howe to theSouthward, and some time after the Vacancy in our Corps was filled up, looking upon it

that Capt. Smyth had entirely left us.

I am Sir &ca.

Bev: Robinson.

Lieut. Col. Simcoedeclared to the Court that he did level the Companies by aRoster at first, and since has not: but, that he never departed from a certain System, on

purpose to avoid being partial or impartial to Captain Smyth.

Lieut. Col. Simcoedeclared the reason why he did not pay the pay and Bountyinto the Hands of Capt. Smyth, was with the approbation of Secretary Mackenzie, as well

as his wish that the men might be properly settled with. To prove the above money was

ordered to be paid to him, he laid before the Court Secretary Mackenzies Letter, vizt.

Philadelphia 23rd

Octr. 1777.

Sir,

As Captain John F.D. Smythes Company is attached to your Corps, you will please todraw the Subsistance and Bounty Money as pr. the inclosed Accoumpt, which you will

please to present to Mr. William Newton the Paymaster, and he will pay you the moneyupon your signing the three inclosed receipts which you will leave with him, CaptainSmyth must sign the account before it is presented to Mr. Newton, and t here is another

Copy of it in this office, which will be a Guide in settling with the men.

I am &c.Robert Mackenzie

Lieut. Col. Simcoeadded that he has given many orders to Captain Smyth tosettle his mens accounts without effect.

Thatwith respect to Captain Smyths accusation of his insinuating partiality andinjustice to Lord Rawdon by the reply he made to the 3

rd Charge before the Court of

Enquiry (which was as follows) (Vizt. That Captain Smyths Rank has been restored tohim on the decision of Lord Rawdon Adjutant General in his favor. ;ieut. Col. Simcoe

is conscious that in the affair of rank he acted properly, and that Captain Smyth obtained

only by abusing the confidence he placed in him. That he has taken any measure todistress him in consequence of that complaint is not true.) will appear to no one in that

light, but a person of Capt. Smyths malignant temper.


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Lieut. Col. Simcoeasserted that Captain McGills promotion was on the 19 thSepr. 1777, and Captain Smyths the 26

thSepr. 1777 in General Orders on which day he

joined the Queens Rangers. That the Resignation Captain McGill succeeded was given inbefore he joined the Rangers. That Captain McGill was an Officer of merit and service,

and as such was recommended to him. That Lieut. Col: Balfour by the express orders of

Sir William Howe, and sent for that purpose, had assured the Officers of the Rangers thatall promotions should go in that Corps in consequence of their Gallantry at Brandywine.

That it appeared the dates of Capt. McGills and Capt. Smyths Commissions were

wrong: that they were in Sepr. instead of October, and they received their Commissionsaccording to that date. That Captain Smyth did duty as junior to Captain McGill, without

complaining of any injustice. That a very few days before Sir Wm. Howe left

Philadelphia he came to him (Lieut. Col. Simcoe) and complained that his Commission

was wrong dated, but never specified, what, if real had been the Grievance, that by it helost the Rank of two Captains, who ought to be junior to him. That Captain Smyth said if

he would give him leave to make use of his name, Secretary Mackenzie would alter it:

That he (Lieut. Col. Simcoe) being at that time busily employed, acquiesced without

sufficient examination supposing it to be a matter of pay only and not of Rank. Thatsome short time after, his Adjutant informed him Captain Smyth had got his Commission

antedated to Captain Agnews and McGills. That he (Lieut. Col: Simcoe) was at that

time writing Letters to go to Europe, and he immediately sent the Adjutant for Capt.Smyth, and upbraided him in a very severe manner for having so grossly imposed upon

his confidence, and added he would go immediately to the Secretarys Office and have

the mistake rectified. That Captain Smyth said he did not intend to act improperly: and tothe best of his recollection, he said he did not know his Commission was prior to Captain

McGills and repeatedly affirmed in his and Adjutant Ordmonds Company that he would

never claim Rank of Captains Agnew & McGill. To prove the above assertion, Lieut.

Col. Simcoe called upon Adjutant Ormondof the Rangers, who being duly sworn, was

examined.Q. (by Lieut. Col. Simcoe)Did you not after I sent you for Captain Smyth, hear

him repeatedly affirm he would never take rank of Captains Agnew and McGill?A. I Did.

Q. (by Lieut. Col. Simcoe) Has he not served as junior to those Officers till we

arrived at Oyster Bay?A. He has.

Q. (by Capt. Smyth) Did I not always object doing duty as Junior to those

Officers, ever since I received my Commission?A. I recollect at Kinsington you did once say to me it was hard those Officers

should do duty senior to you, and I told you it was no business of mine, you should settle

those matters with the Commanding Officers.Q. (by Capt. Smyth) Did you not carry my objection to Lieut. Col. Simcoe and

bring his Orders to me that I should do the duty junior to those Officers?

A. I do not recollect it.

Lieut. Col: Simcoe said that on the 12th of Decemr. 1778 or thereaboutsCaptain Smyth memorialled the Commander in Chief to be restored to his Rank, and that

his memorial was answered by Captains Agnew and McGill. That the Commander in


16/26

Chief wished to have the matter referred to a Court of Enquiry, but on his (Lieut. Col.

Simcoes) request it submitted to Lord Rawdons decision: the purport of which was that

in his Opinion, however improperly Captain Smyth might have obtained his Rank, as itappeared the Commission was dated in Sir William Howes time the present Commander

in Chief could not interfere in it, from which Opinion, he (Lieut. Col. Simcoe) and the

Captains were perfectly well satisfied.

Lieut. Col: Simcoesaid that to the best of his recollection a Soldier deserted,who pleaded his having only enlisted for a City Guard. That he told him if that was thecase he would not punish him: but that he ordered a Court of Enquiry upon him in order

to discover if it was true or not: to prove which he called upon Captain Saunders, whobeing duly sworn, was examined.

Q. (by Lieut. Col. Simcoe) Was you not President of a Court Martial or Court

of Enquiry at Philadelphia, to enquire into the foundations of a mans alledging he was

enlisted for a City Guard?

A. I was President of a Court of Enquiry.

Q. (by Lieut. Col. Simcoe)

What was the Opinion of the Court on thoseallegations?

A. It was the Opinion of the Court that the mans assertion was true of beingenlisted for a City Guard.

Q. (by Lieut. Col. Simcoe) Did not several Soldiers of the Regiment appear to

testify the assertion was true?

A. Yes.Q. (by Lieut. Col. Simcoe) Did you hear that Captain Smyth confined any of

those Soldiers, immediately after the Court was over?

A. I did.Q. (by Capt: Smyth) Was not the person that complained named William

Cosgrave?A. It is so long ago, it is impossible almost to recollect, but I believe it was.

Q. (by Capt. Smyth) Did I not confine those men before they gave theirtestimony?

A. I do not know.

The CourtAdjourned till next morning at 10 OClock.

Saturday the 8thMay.


Lieut. Col. Simcoefurther said that he did not believe Capt. Smyth personallyenlisted Cosgrave for a City Guard: but it appeared he was enlisted for that Guard bypeople employed by Captain Smyth.

Lieut. Col: Simcoe with respect to releasing Henricks, Henson, Burnes andPark, said they were confined by Captain Smyth for entering into Combinations with


17/26

Cosgrave, and that he released them, as it appeared they were confined for giving

Evidence in favor of Cosgrave.

Lieut. Col. Simcoe with respect to William Harvey, who was confined byCapt. Smyth for repeated Desertions, and being twice released without trial alledged the

man was Capt: Smyths Battman, and absented himself from his Service in Philadelphia,as he said for ill usage, which he (Lieut. Col. Simcoe) mentioned to Captain Smyth, and

which he never denied.

Q. (by Capt. Smyth) What was the ill usage you mean?A. You beat him and otherwise and otherwise [sic] ill used him.

Q. (by Capt. Smyth) Was it not for desertion or absenting himself without

leave?

A. I dont know but you used him very ill.

Lieut. Col: Simcoe with respect to Corporal Rutter, who was confined byCaptain Smyth for insolence, neglect of duty and making false complaints against him,

alledged he had given a particular Order that no Officer Should strike anoncommissioned Officer, Captain Smyths behavior being the occasion of the Order.

That the Corporal complained to him that Captain Smyth had kicked him, pinched himand almost throttled him. That he ordered a Court of Enquiry on the Complaint, as it

appeared to him Captain Smyth behaved in this manner in order to avoid the late Order

he had issued. That on reading the Court of Enquiry he was confirmed in his suspicions.

That Capt. Smyth the next day wrote him one of his usual Letters from his tent, in whichappeared the following paragraph. The Letter was a complaint against his Ensign. Vizt.

Yesterday morning just after I left you, I absolutely detected him (Mr. Doe) incollusion with Corporal Rutter against me. If I had not heard and seen it, I could not

have believed it. I took Rutter by the neck of the Coat (interlined over it) and orderedhim to his Tent.

On the above Letter and Corporal Rutters Application. He transferred him to

another Company he being a lad of excellent Character, in order to secure him from Capt.

Smyths malice.

Lieut. Col. Simcoewith respect to Ensign James Doe, who [was] arrested byCaptain Smyth for disrespectful and insolent words and behavior to him on his

Companys Parade, when he and his Company were under arms &c. he asked CaptainSmyth the following Questions. Vizt.

Q. What day was it you arrested Ensign Doe?

A. I dont recollect.Q. What day was it you arrested him a Second time?A. The day following.

Q. Did you report to me the Second time you arrested him that you had done it?

A. I waited upon you at your Tent and told you of it.Q. Did you inform me at that time in words or writing that Ensign Doe had

spread false and Scandalous reports of you?

A. I dont recollect that I said he had spread those Reports.


18/26

Q. Did you in substance mention to me that he had spread those false and

scandalous Reports?

A. I mentioned to you that the whole tenor of Mr. Does behaviour and Conducttowards me in every Respect, was such as obliged me to arrest him.

Q. Did you mention to any Officer in the Regiment that Ensign Doe had Spread

false and Scandalous Reports of you? and to whom?A. Yes, to all that came to visit me in whom I had confidence. I believe I spokeof it to Captain Mackay; and Lieut. Mackay first informed me of it.

Lieut. Col. Simcoecalled upon Lieut. Whitlock, who being duly sworn, wasexamined.

Q. (by Lieut. Col. Simcoe) Do you recollect Captain Smyth putting Ensign Doe

in arrest?A. I do.

Q. (by ditto) Was it on the General Parade, or his Company Parade?

A. The general Parade.

Q. (by Capt. Smyth)

Were the parades not both the same?A. They were the same Ground, but it was after the Mens Arms were locked.

Q. (by Capt. Smyth) What was after the Mens Arms were locked?

A. The Arrest of Ensign Smyth [sicDoe.]Q: (by Capt. Smyth) Which arrest?

A. It was the first I ever heard of.

Q. (by Capt. Smyth) What arms do you mean were locked at the time of thearrest?

A. I mean your Companys Arms.

Lieut. Col. Simcoeadded that the arrest of Ensign Doe the first day appeared

to him very frivolous, which was the reason he released him. The second day forthreatening Words, actions and behaviour &c. did happen between Captain Smyth and

Ensign Doe. That Capt. Smyth put him in arrest, and he released him, not thinking thecase cognizable either by a Commanding Officer or a General Court Martial. That he

never heard Captain Smyth alledge that Ensign Doe had spread false and Scandalous

Reports of him, or made use of mutinous expressions nor did he believe Captain Smythdared to have mentioned to him, or prosecuted Ensign Doe for such a Crime. That a

considerable time after, when Ensign Doe had left the Regiment, he had a Letter from

Captain Smyth, thanking him for not admitting Ensign Doe to give in an accusationagainst him for marauding and plundering at Philadelphia. That Capt. Smyth then

immediately asked his leave to go to Long Island: that the Captains were to have met the

very day that Captain Smyth went there, on the accusation of Ensign Doe against him,one of the Captains having determined not to do duty with him till the matter was clearedup.

Lieut. Col. Simcoe lay before the Court Captain Smyths Letter of thanks onnot admitting Ensign Does Accusation. [Letter not entered into the proceedings.]


19/26

Lieut. Col. Simcoewith respect to Serjeant McComb, who was confined byCapt. Smyth for repeated neglect of duty and not shewing or sending orders to him, said a

Court Martial was ordered upon Serjeant McComb, which Captain Smyth did not attend.That Captain Smyth Ordered the Serjeant to be confined to his own Barracks, from which

he inferred it was not a Crime of any great magnitude. That Serjeant McComb sent him a

petition (which was read to the Court) complaining of the repeated ill treatment he metwith from Captain Smythupon which, believing it to be true, he released him.

Lieut. Col: Simcoewith respect to Gonsolaz being confined by Captain Smythfor repeatedly making false complaints against him, said that Gonsolaz complained to the

major and then to him that he was injured in his accounts. That he told him he would

enquire into the matter. That Captain Smyth confined him. That he then ordered theadjutant to acquaint Captain Smyth he should not confine a man, till he (Lieut. Col.

Simcoe) had settled the complaint, which he disobeyed, and believed he (Capt. Smyth)

exchanged the Crime to insolence.

Lieut. Col. Simcoein regard to his ordering Captain Smyths Battman from hisHorses and Baggage before he came upon the march to Mount Holly, and thereby leaving

his Baggage and Horses to be lost on the road, called upon Lieut: Murray, who beingduly sworn was examined.

Q. (by Lieut. Col. Simcoe) Do you recollect the time on a march thro theJerseys that you ordered Captain Smyths Battman to join his Company?

A. Yes.

Q. (by Lieut. Col. Simcoe) Was it by my Order or your own?

A. My own Order.

Lieut: Col. Simcoe in regard to his having confined Captain SmythsDrummer, white Servant and Black Servant on the same march for no Crime, called upon

Ensign Bradstreet, who being already duly sworn was examined.Q. (by Lieut. Col. Simcoe) Do you recollect confining Captain Smyths

Drummer, white Servant and Black Servant on the march through the Jerseys?

A. I had a picquet I recollect, and received a General Order to take all people

attempting to Straggle beyond the Piquet. I saw the three People mentioned, two of the40

thGrenadiers, and one of the 49

thdoing it, and I made them prisoners and sent them in.

Q. (by Captain Smyth) Did you not tell me that you had sent them in to me to

know if I had sent them out?

A. I dont recollect I did. I sent them prisoners to the Commanding Officer.Q. (by Captain Smyth) Did you not tell me they were released upon your

application?

A. I dont remember I ever Applied, or ever told you so.

Q. (by Captain Smyth) Did you not at the time hear me complain heavily ofCol. Simcoes refusal, when I asked him to release them?

A. I did not hear you at that time: but I have often heard you complain and appear

discontented.


20/26

Q. (by Lieut. Col. Simcoe to Capt. Smyth) Did you not confine Doland of your

Company for Desertion and Villainous practices?

A. I did.

Q. (by Lieut. Col. Simcoe to Capt. Smyth) Did you not confine Corporal

Galloway and three other men for marauding at your own Quarters?

A. I believe I did.

Lieut. Col. Simcoewith respect to Captain Smyths accusing him of draftingmen from his Company against their Will and thereby occasioning them to desert, saidthat however reluctant Captain Smyths men might have been the first time of their being

drafted to quit his Company: by their Solicitations, his Ignorance and temper, he has

since been induced to believe they look upon it as a great favor to be transferred to any

other Company in the Regiment. That he has never drafted any men, but what wereVolunteers to quit it; and Gonsolaz is the only bad man who applied to him, that he did

not Draft. That the good men of Captain Smyths Company have been the only men who

have applied to quit it. That Hacket deserted from Captain Smyths Company after he

had been sent back to it. For the proof of which he called upon Thomas Moore aprivate Soldier who being duly sworn was examined.

Q. (by Lieut. Col. Simcoe) Do you recollect being appointed to the GrenadierCompany at Kensington?

A. Yes.

Q. (by Lieut. Col. Simcoe) Was it against your consent?

A. I did want to go.Q. (by Lieut. Col. Simcoe) What was your reason you afterwards staid in

Captain Smyths Company?

A. Captain Smyth forbid my going, and told me if I did, he would confine me andhave me flogged.

Lieut. Col. Simcoe with respect to not suffering Ensign Bradstreet to makestoppages from his men for five or Six and twenty pounds for four months &c. he called

upon Ensign Bradstreetwho being already duly sworn was examined.Q. (by Lieut. Col. Simcoe) Did I ever order you not to make Stoppages from

Captain Smyths Company?

A. When Captain Smyth gave me the Charge of his Company, he went away in a

great hurry without making a proper Settlement with me. I went to you and you shewedme a paper Signed by Captain Smyth, which differed from the one he left me not signed.

I shewed the paper to the men, who were all (except a few) dissatisfied with their

accounts.

Q. (by Lieut. Col. Simcoe)

Had Captain Smyth taken back the payment of hisCompany, when I ordered you to pay the men their Subsistence at Oyster Bay?

A. Captain Smyth warned me that I was not to receive the next Subsistence. At

that time the money belonging to Captain Smyths Company was in my hands to the 24th

Decemr. Upon seeing your Regimental Order, I paid Captain Smyths Company their

Subsistence. I pressed it as a favor to Capt. Smyth to settle with me, but he never would.


21/26

Lieut. Col. Simcoe in regard to the accusation of Captain McGills rankingsenior to Captain Smyth &c. said it was false and ungrateful. His having giving [sic

given] Captain Smyths Subaltern the nomination of a Noncommissioned Officer, isbecause the Subaltern happened to be present, and he thought that Subaltern knew the

men better than Captain Smyth.

Lieut. Col. Simcoewith respect to his permitting Captain Smyth to be arrestedby Major Armstrong said that as the Report was made to Major Armstrong, he was the

properest Judge as he then Commanded the regiment.

Lieut. Col. Simcoein regard to his not allowing Captain Smyth to Command aGrand Division, alledged that Captain Smyth from ill health and inexperience is not

capable of disciplining a Grand Division. That the arrangement Capt. Smyth complained

of was a general one, and any other Captain in the Regiment might make a similar

Complaint.

Thatwith respect to the two regimental Courts of Enquiry upon Captain Smyth,Lieut. Col. Simcoe said the result of the Court of Enquiry were Shewen in the consequentOrders.

Thatwith regard to the order that no man should be received as a prisoner thatwas confined by Captain Smyth Lieut. Col. Simcoe to subvert that Charge called upon

Adjutant Ormandwho being already duly sworn was examined.Q. (by Lieut. Col. Simcoe) Did you ever give an order from me that no man

was to be received as a prisoner that was confined by Captain Smyth?

A. Never

Q. (by Lieut. Col. Simcoe) Did I not give an order that Gonsolaz should not bereceived as a prisoner, if confined by Captain Smyth?

A. You did.

Q. (by Lieut. Col. Simcoe) To whom did you deliver the Order?A. To Ensign Bradstreet.

Q. (by Lieut. Col. Simcoe) Did you ever understand that I gave an order that no

man should be confined by Captain Smyth to you or any one else?A. I never did.

Lieut. Col. Simcoewith respect to not attending to Captain Smyths Letters ofcomplaint, alledged that Captain Smyth is very fond of Scribbling: that his Letters are

long and improper. That he writes when he has a much better opportunity of makingPersonal Complaints or Applications. That he (Lieut: Col. Simcoe) never had any

correspondence with him, but what he conceived to be purely official: but in that heintroduces Libels on his Equals, or Impertinencies (so guarded as not to be cognizable by

any Law) on his superiors. To evince what he asserted he lay before the Court two

Letters, and a paragraph of another which is as follows. Vizt.


22/26

After morning Parade, Ensign Doe immediately Struck into a long and intimate

conversation in private with Lieutenant Murray a professed Enemy of mine, to whom he

has not spoke a friendly word since we left Harlem Heights, where they had a mostnotorious and indecent quarrel.

[Pages 488 & 489 are missing from the original in the Public Record Office.]

Lieut. Col. Simcoe in regard to Captain Smyths Saying Capt. Kerr who wassent to Georgia was a witness for him in most of the Charges, but a particular one insome; alledged that Captain Smyth never regretted the want of Captain Kerrs Evidence

the whole of the prosecution, till he came to this last Charge, where his sending him to

Georgia seems an accusation: nor did it appear in his Defence when Captain Smyth

recollected that he wanted the Evidence of Captain Kerr, it could have been to any effect.

Lieut: Col: Simcoeclosed his Defence as follows Vizt.

Ibeg leave to submit with all deference some remarks on my particular situationon the Evidence that has appeared before the Court.

Itwill appear to the Court on the face of the Proceedings that Captain Smyth hassworn that he had a Company in Colonel Robinsons Corps, on being questioned, hequibbles and declares it to have been a Warrant to raise men.

Hehas affirmed himself to be Senior Captain to any Captain in the Rangers, yetacknowledges that he never received pay as such, and it appears that he did receive pay

as surgeon; from whence it must be inferred that he has miserably equivocated, if not

perjured himself. As to his pretensions which he has not insinuated, but accused SirWilliam Howe to have been unjust toit appears that Mr. Smyth, by custom termed Dr.

Smyth, known by a publication entitled a narrative of Facts, and which would Stand at

present uncontradicted, if it did not contradict itself: with a warrant from Colonel

Robinson to raise a Company was permitted to collect a Company in Pensylvania andattached to the Queens Rangers, exchanging his Surgeons pay and Rank for that of a

Captain.

In a Letter to the Secretary of the Commander in Chief previous to thisattachment, he complains of the intention which he had heard of, but says whatever is

thought proper, I shall submit to with alacrity. The date of this Letter 19th

Octr. 1777,and Sir Wm. Howe left Philadelphia in May the Year following.

Onthe 20thMarch 1779, The Doctor appears dissatisfied, doubts the Propriety ofhis belonging to the Queens Rangers, and gives out, and wants a Troop of Cavalry and

fifteen Shillings a day. The appointment to a Company was certainly not equal to his

pretensions the Surgeon or Doctor had indulged himself in forming: Videlicet, to raiseand Discipline a Regiment of Cavalry or to Command a mixed Corps, a matter of no

small difficulty.


23/26

CaptainSmyths great cause of complaint to the Commander in Chief has beenthat I have not taken proper Steps to get him paid the debts of the men draughted from hisCompany into other Companies. He shifts the ground before the Court, and accuses me

of having no right to pay the Bounty into the Hands of the Officers into whose

Companies the men were d[r]afted; Secretary Mackenzies Letter proves my right toreceive it. I affirm that Captain Smyths Character at Head Quarters, was that of a person

not to be trusted with the Bounty. His not chusing to call on me now for the reason why

the debts are not paid to him, which is that he cannot prove, nor will the menacknowledge them, prove the propriety with which I acted.

Captain Smyth in substance admits that he promised, not to claim rank ofCaptain McGill, confesses that he never meant to keep his promise; from a consciousness

of the impropriety of the manner in which he procured that Rank, he Suspects that I

remembered it. His fears, his jealousy is perpetually awake. He judges by himself of

others and is ignorant that some minds cannot dwell upon Injuries, are too active to be

malicious, and that contempt is the lot of an impotent Enemy.

He dare not presume to have urged his Rank while Secretary Mackenzie or Col.Patterson was in America. He acts as if I knew he would assert what he terms his

pretensions in an unfair manner, and therefore to a Conduct formed on this knowledge, he

attributes what he calls his harrassments.

My situation is particular: Had Captain Smyths Capacity been equal to hismalignity, it might have been critical. The deficiency of a Single Evidence, the want ofmemory, might have been very prejudicial to me. The Court will indulge me in

recollecting the various details, Occupations and Employments that the Command of an

Outpost, which I generally have had, must have occasioned, so as fully to engage myattention and render me more particularly unguarded against the attacks of a malevolent

being, whose mind seems by his preparations for it to have been engrossed in the attempt

to destroy my Character.

Howfar a Captains calling in Question the propriety of a Commanding Officersacting under the authority of a late Commander in Chief at the distance of many monthsmay operate against the Discipline of the Army and particularly against that prompt

necessary and generous custom of immediately seeking for redress of Injuries, (in the

manner they will best admit of,) which forms the true military frankness, and

Characterizes our profession I beg leave to Submit to the Court, and tho few such men

for the credit of mankind in general and of the Provincial Corps in particular may besupposed to straggle into the Service, I make not doubt it will be thought worthy of their

greatest attention if it be not without a precedent, it ought to be so. Captain Smyth

will furnish me with his opinion of the matter in the case of Ensign Doe who atKensington preferred an accusation against him for plundering in Philadelphia, and which

I would not admit of, as I thought it should have been urged before, and for no other

reason had the accusation been true and his principle laudable, he would certainly havemade it long long before he did; He would have made it at Philadelphia where every kind


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of proof was ready at hand; but to make such an accusation after he had been frequently

reprimanded for ill conduct, shews that malice and Falsehood are the foundation of it.

The Anxiety, variety of trouble and uneasiness which this accusation hasoccasioned to me the Court will better conceive than I can express. It was in proportion

to my Rank and Character. I can confirm that I have acted impartially in my Commandand just to that good Opinion which Sir William Howe entertained of me when he gave it

[to] me, and which the present Commander in Chief expressed when in the most publick

and honorable manner he continued me in the Command of the Queens Rangers.

The Court will observe a Spirit of dictation to his superior Officer and ofignorance of the service run thro the whole of Captain Smyths accusations; I haveanswered them in the greatest Latitude; tho not accountable to him for my conduct in

any instances, I have wished to justify it, in all his endeavouring to preclude the Captains

of the Regiment from giving Evidence relative to the settlement of their mens accounts

on the miserable Idea that they were interested too much to be fair Evidences cannot have

escaped the notice of the Court.

He said on being called on for dates in part of his accusations long after hisCompany was incorporated that he did not preserve them, not imagining the matter

come to this, and yet he does not appear to dwell on any particular circumstance that

induced him to sollicit redress since that period.

Assertion leads to assertion to Support mine where from the perishablenature of Evidence, or to save trouble I am obliged to use it, I call upon every public andprivate action of my Life; they will bear the Severity of Examination and the testimony of

my truth and integrity.

CaptainSmyth has ever acted as if he did not belong to, but was attached to theregiment; he has avoided every kind of service and duty with the same assiduity that the

Officers of the Corps have sought and has disgraced it wherever as a private man he hasappeared. Captain Smyth has been betrayed into truth, and Surprized into speaking

favorable of me before the Court.

I should be sorry in any other situation than the present to call upon CaptainSmyth for a Character, but the following are his written testimonies of me, during the

interval that he left the out post of Kingsbridge under pretext of sickness, andconsequentlyposterior to most of his accusations. Hampstead Sepr. 15

th1778 I should

think myself very unhappy if by misrepresentations you should before this have thought

me in the wrong, but now in this true state of facts, allow myself much to hope from

your known goodness of heart and solidity of understanding, which I make no doubtwill do equal Judtice on both sides, and which at any time or in any respect, I should be

sorry to offend. and yet he now accuses a man of this goodness of heart of maliciousl y

garrassing him previous to this Letter and an Officer of Solidity of understanding ofdrafting his men without proper authority. Novr. 10

th he writes I long to have the


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pleasure of seeing you, and am with Esteem and respect. Words that appear to mean

something more than mere Compliment.

My Lord Cathcart shewed me a Letter from Captain Smyth at Kingsbridge full offalsehood and sollicitation to join the Legion. At Oyster Bay he has publickly and

indecently stated of that event taking place immediately, and has said that he would findmeans to pull me down and with expressions of equal impertinence and consequence. In

his memorial to His Excellency the Commander in Chief, complaining of the injuries he

has received from me, and seeking for redress, he has expressed his feelings in the moststrong and as far as he can in the most pathetic manner in the Letter which I sent back to

him unopened, or he would have Stood here as the Prisoner, and which was literally

tacked to the Memorial he says, my feelings are like those of a person covered with

wounds, who finds it impossible to tell which are the most painful. He has stunghimself and his mortifying with his own poison. I have long remarked his virulent and

malignant temper while it was exerted on his Domesticks Male and Female, or preyed on

its proper object himself. He had my compassion but when it was let loose on any under

my Command, I was obliged to restrain it. I gave him much allowance and and [sic]credit for the sufferings that he says he underwent from the Rebels, and on that account

treated him with pity rather than contempt. He must permit me now to adopt a different

conduct, and to hint to him that he detracts much from his Catalogue of Sufferings, whenin the Letter above mentioned, he says I must also acquaint you that you have

occasioned me more exquisite real pain of mind in one month than even the Rebels

could do with all their Corporal torments in eighteen. In the same Letter he complains Icalled him a Lyar, and in the most aggravating terms told him that he had a bad heart

which if true he writes it would have been much better for me and the world that I had

never existed I justify the expression and admit the inference in regard to himself. As

for the World, I believe it cares but little about the matter. His protracted accusations will

make nothing in favour of the Goodness of his heart; nor the proofs he has brought tosupport them of his veracity.

CaptainSmyth feeling himself injured was right to apply for Redress, but neitherto his Lieut. Colonel, a General Court Martial a Commander in Chief or the Throne as he

threatens; he should have sought it from himself, by correcting the Source of his injuries,his own malevolent passionshe should have sought it in harmonizing that Chaos, that

collision of disquietude, malice and timidity, the sparks of which fly upwards from his

heart and disfigure his very countenance.


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The Court having considered the Evidence for and against the PrisonerLieutenant Colonel Simcoe together with what he had to offer in his Defence, are

unanimously of Opinion that he is not Guilty of the Charges alledged against him, and dotherefore most honorably Acquit him: and also are unanimously of opinion that the

Charges brought against him by Captain Smyth are Malicious, Frivolous, Vexatious and

Groundless.

J. Yorke

Lt. Col. 22nd

Regt.President

John Blucke

Assist. Depy. Judge Advocate.

Confirmed

H. Clinton

(Great Britain, Public Record Office, War Office, Class 71, Volume 88, Pages 448-496.)

Court Martial of Capt. John F.D. Smyth, Queen’s Rangers, 4 to 8 May 1779. Courtesy of Todd W....

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Transcript of Court Martial of Capt. John F.D. Smyth, Queen’s Rangers, 4 to 8 May 1779. Courtesy of Todd W....