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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[15 July 1796
Alex Hamilton
Gen. Wilkinson
Gen. Wayne]
[FREE
James Mc Henry Esquire
War Depart.
Philadelphia]
My dear Sir,
I have considered the articles of [undecipherable] rather think the case in not provided for 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 & [undecipherable] to be prudent in —
What then is to be done —
A President has a right to dismiss Military Officers as holding them during pleasure — but The delicacy of their military character requires Sans + it should be executed with great care & not till after [undecipherable] full investigation & not till after [undecipherable]
[undecipherable] then the charges come forward [strikethrough: Reserves] [underline: general] then is communicated to the commanding [undecipherable] is called upon to refity particulars to him — if there are points to be proved & by persons
with the army let him or her, judicious Officers with the aid of the Judge Advocate & a Magistrate [undecipherable] to administer oaths, be charged to collect testimony for the information of his Department & [undecipherable] [undecipherable] the President —
let the accused of this [undecipherable] be notified to attend the examination of the Witness & let their testimony reduced to Writing & let the testimony of Referrees a Commissioner in the [undecipherable] the Judge Advocate & certified by them be with the observations of the Accused [undecipherable] transmitted to the War [undecipherable] of case before the President — who can afterwards act according to circum — stances — This is the best I can
think of — But you must by all means avoid the imputation of evading [strikethrough: for ensuring &] protecting a favourite [undecipherable] mean of doing — I dec. 17[undecipherable]
[marginalia left: Have you sent any mean of [undecipherable] an elucidation of the french government? I don't know what will befall you all.]
A Hamilton
July 15, 1796
J. [undecipherable] Aug 7
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

