Can the President Declare a Court Martial?
Document 1796He believes the President ex officio as Commander in Chief has the power to order a court martial. But it seems like a bad idea. Offers a suggestion on how to conduct the business.
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[§ 8.]
My Dear Sir
I have considered the articles of [undecipherable] — [and] rather think the case is not [undecipherable: well presented?] by them — I incline to the opinion that the President ex officio as Commander in Chief has power to order a General Court Martial — But the exercise of this power would be liable to too much question & Criticism to be expedient in —
What then is to be done?
A President has a right to dismiss — the President [undecipherable] hold Military "Officers at [his?] pleasure — But The delicacy of [undecipherable] military character requires [that?] it should be operated on [undecipherable] not [till?] after [a] full investigation — [undecipherable] — then the [charges?] come [forward?] — [let?] [undecipherable] to be communicated to the commanding [General?] to be called upon to reply particularly to [them?] — If there are [points?] to be proved [?] by [Persons?]
with the army let [undecipherable] judicious Officers with the aid of the Judge Advocate & a Magistrate if he [is?] [undecipherable] to administer oaths, be charged to collect testimony [for the information of?] [undecipherable] department [undecipherable] lay [it?] before the President — [and?] let the [accuser? accused?] [undecipherable] to attend the examination of the Witnesses & let their testimony reduced to Writing [by?] the Referees or Commissioners [undecipherable] the Judge Advocate & certified by them [&] with the observations of the Accused [undecipherable] be transmitted to the War [Office &?] [laid?] before the President — who can afterwards act according to circumstances — This is the best I can think of —
But you must by all means avoid the imputation of [evading?] [undecipherable] & protecting a favourite [undecipherable] — A dieu. [undecipherable]
[marginalia:] Have you seen any means of [undecipherable] an explanation [undecipherable] the French Government [undecipherable] I dont know what will befall you all.
A Hamilton
July 15. [17]95
[§ undecipherable 9.]
Type
Autograph Letter Signed
Description
He believes the President ex officio as Commander in Chief has the power to order a court martial. But it seems like a bad idea. Offers a suggestion on how to conduct the business.
Date
07/15/1796
Author
Recipient
Sent from
New York
Repository
Collection
Document number
1796071540001
Page start
1
Notable persons
James McHenry
Alexander Hamilton
Anthony Wayne
George Washington
accuser
accused
officers
judge advocate
magistrate
Notable locations
New York
Notable items
court martial
articles of war
Presidential rights
charges
trial

