[Oct 26 / [undecipherable] / [undecipherable] to / their [undecipherable] in- / two American brig- / [undecipherable]villers [undecipherable]tion for [undecipherable] / and 2 [undecipherable]] [stamp] [Sw[undecipherable] / Rect] [Copy] Copy of Lieutenant Cox's letter to Major Tousard. West Point Oct.^r 26^th 1795. Sir I was greatly surprised to hear of the declaration you made on parade yesterday, that my charges against Cap^t. K. Kaltiesen proceeded from malice, and that he was a man of very great honor and integrity, if charges which he confest, and which were proved on oath by myself, could be declared to proceed from malice, I must conceive it to be contrary to all military Regulations — and to declare that man, to be a man of very great honor and integrity before my present trial is finished, is again in my opinion inconsistant — for these and many other reasons, I must decline making any other Defence, than this letter may be considered, but do not conceive that it is a consciousness of guilt that makes me decline a defence. No Sir, it is my innocence that dictates to me, that a defence would avail nothing after the proceedings that have lately transpired — I would wish you to let me leave the Garrison as soon as possible. I am Sir Your most obed^t Serv^t Signed W^m Cox Lieut^t &c. Answer to Lieut Cox's letter. West Point Oct.^r 26. 1795 Sir. I owe justice to every Officer under my Command. Capt. K. Kaltiesen, on hearing that you had laid charges against him, requested that a Court Martial should be assembled to investigate into his Conduct since his being Commissioner in the Corps of A & E. the Court of Enquiry delivered to me the charges, and according to the Articles of War, I required their opinion upon the same, they have given their opinion, and it has been Read by me upon the Parade, as it was expressed by them. The Charges which you have to defend before the Court Martial, have no connexion with the charges laid by you before the Court of Enquiry, and I make no doubt but the same justice which has been paid to Capt. K. Kaltiesen, will also be paid to you. As my opinion will be Required upon the sentence of the Court Martial which was not the case in the Court of Enquiry, I Refrain from answering the other part of your letter. I am sorry to be under the necessity of Refusing to you, to grant your Request to leave the Garrison Signed L. Tousard [Copy] Copy of L^t Cox's Letter to Major Tousard. Sir. I Received your letter of Yesterday by L^t Lovell, and am happy to find that the Opinion delivered on Parade, was not your own, but I must acknowledge that your letter fixes me more in my opinion that a Defence could avail me nothing. When I consider the Court Martial direct in opposition, to the Articles of War, Relative to the Administration of Justice, Art. 10^th in their proceedings Should admit of depositions when those depositions were taken without my knowledge, and when I was not present. Likewise their waving any objection I made to the Evidence; and proceedings on the trial, when I declared I was not prepared, nor could not be untill my papers arrived from South Carolina. When those objections had no weight, I am doubtfull, whether my Defence in the present situation of things, would not have equalled the same. You mention, you make no doubt but the same Justice which has been paid to Cap^t Kaltiesen will also be paid to me. I must doubt it; from the proceedings hitherto gone through, and the proceedings of the Court of Enquiry, the Majority of that Court, ought to have Considered, that they were Members of a Court Martial, then on my trial, and according to European Military Regulations, by which the pattern, could not possibly sit in a different Court, untill my Trial was finally closed — much less give an opinion, and were I disposed to make a defence it would be impossible at this present moment, for want of my papers from South Carolina, and when I shall be able to get those, God only knows: but I suspect not before the Spring, &c having just arrived at age, my business Requires my particular attention. I therefore beg that you will lay a Copy of this and my former letter before the Secretary of War, and know whether I can leave the Garrison, or not. I have the honor to be Yours &c — Signed W^m Cox Lieut^t &c. Answer to the above letter Sir. A Court of Enquiry is not a Court Martial, they can pronounce no sentence, they do not give an opinion, but when Required, the Charges laid before the Court of Enquiry, have not the least analogy with your trial. The Court Martial indulged you, in granting a Month to prepare your Defence; but a Gentleman of Captain Kaltiesen's age and Respectability could not Labour longer under the burthen of Accusation. The Court Martial was assembled by my Order, agreeable to the order of the Secretary of War, their proceedings, and their sentence, after their adjournment, together with your letters, and the opinion of the Court of Enquiry, will be transmitted to the Secretary of War. Till then, I refer you to my letter of Yesterday, as I conceive that I have no Regrets to stop the proceedings of the Court. As it is possible that on the place of Parade, which I Read for your Arrest, you should express, to the Members of the Court your opinion, as you have done in your letter of this day. The Adjutant is charged to Notify to you, that from the present moment your Arrest is confined to the Barracks. — Signed L. Tousard, [[strikethrough: undecipherable] certify conform to my Book in which these letters have been registered, the originals of L^t Cox's letters having been sent to the Commandant of the Corps West Point Nov.^r 6^th 95 Lewis Tousard Com.^t of the Garr.] I Certify the above to be an exact copy from the Original. G. J. Ulrich Rivardi Maj.^r Art.^y [Rev. C. M.]