Politics Between Wayne and Wilkinson
Document 1796Letter, discusses Wilkinson & Wayne dispute; asks for opinion re legal issues; discusses Executive power re military.
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Philadelphia, 4th July 1796
Dear Sir,
You know that you will [undecipherable] have [undecipherable] a long time past been [undecipherable] with Gen. [undecipherable]. As it is possible that things between them, [undecipherable] by [undecipherable] as that the former may [undecipherable] [undecipherable] can he [undecipherable] to [undecipherable] without [undecipherable] [undecipherable] and [undecipherable] in such [undecipherable] account [undecipherable] in the [undecipherable]. [undecipherable] on Pension [undecipherable] & these [undecipherable] [undecipherable] before me and are such ones as it may [undecipherable] a good [undecipherable] to consider the following questions
Can the commander of the army be subjected to a court of enquiry with or without his consent? See act of War for the [strikethrough: [undecipherable]] administration of justice 25 & 26.
Can the President as commander in chief of the Executive, order a court martial to try the commander of the army?
See act of War ยง. 38. art. 11.
If a commander cannot be brought before [undecipherable] [undecipherable] [undecipherable] in the army, can [undecipherable] ways be taken to [undecipherable] him [undecipherable] to a military tribunal; [undecipherable] the [undecipherable] of [undecipherable] control of the President [undecipherable] in reach [undecipherable]? [undecipherable] a composition with a [undecipherable] is an impeachment. Or can he only be [undecipherable] by a nomination of a person to supersede him to the Senate and his appointment. โ
In[undecipherable] these questions, I beg you will bring this request to yourself. What you [undecipherable] do as it is to oblige me and [undecipherable] [undecipherable] person. [undecipherable] the result as soon as convenient.
Yours sincerely
James [undecipherable]
[This photocopy remains the property of [undecipherable] of the Boston Public Library and [undecipherable] to be reproduced or incorporated in an institutional collection. Please return on completion of study.]
Type
Autograph Letter Signed
Description
Letter, discusses Wilkinson & Wayne dispute; asks for opinion re legal issues; discusses Executive power re military.
Date
07/04/1796
Author
Recipient
Sent from
Philadelphia
Repository
Collection
Document number
1796070400301
Page start
1
Notable persons
Samuel Chase
James McHenry
Gen. Wilkinson
Gen. Wayne
Notable locations
Philadelphia
Notable items
former may call for an inquiry or perhaps court martial on the latter
consider the following questions
can the commander of the army be subjected to a court of inquiry with or without his consent
Act of War for the administration of justice
can the president as commander in chief or the executive order a court martial to try the commander of the army
military tribunal
conduct of the president in such a case
beg you will keep this request to yourself
senate
nomination
result as soon as convenient

