[W. D. April 6. 1798 To The President of U.S.] [Ent. Vol. 3. Page 193—] War Department April. 6^th 1798. Sir I have the honor to inclose, a Report, and the documents, in the case of Lieutenant Colonel Stephen Rochfontaine Commandant of the Corps of Artillerists, and Engineers. I am Sir with [strikethrough: most] the greatest respect Your most Obedient Humble Servant — James McHenry The President of The United States — To the President of The United States. The Secretary of War Respectfully Reports. That certain charges were transmitted in a letter from the Accountant of the War Department. to the Secretary of War dated the 2^d March 1797, against Lieutenant Colonel Stephen Rochfontaine Commandant of the Corps of the Artillerists and Engineers. That the Colonel, being apprised of the Charges, demanded a Court of Inquiery to investigate the same; and that a Court was ordered on the 9^th day of February 1798, to meet at West Point on the 1^st day of March following. That on the fourth day of the said month of March, the Court assembled, and proceeded to enquire and examine, into certain matters stated in the Warrant for holding the Court, and finished the inquiry, on the seventh of the same month, of which a regular Record was kept, and returned to the Office for the Department of War duly authenticated. That the Members of the Court were Major Thomas Cushing President, Lieutenants Samuel C. Vance, and Daniel Bissell members, and Lieutenant Campbell Smith acting Judge Advocate pro hac: that Lieutenant Colonel Rochfontaine having attended, the Members of the Court and the Judge Advocate were sworn according to the Articles of War, and the several Witnesses as they were produced were also sworn. That the Court, not being specially required, to give an opinion on the merits of the case have condensed the record of their proceedings, to the circumstances and evidence, as they appeared to them. That Lieutenant Colonel Stephen Rochfontaine on the 15 March 1798, transmitted a paper, now on the files of the Office for the Department of War, which he styles "Observations upon the Charges exhibited against me, by William [undecipherable: probable reading "Simmons"] Esquire, Accountant of the War Department." That the evidence adduced in the record of the proceedings of the Court of Inquiry, appears fully to establish the facts contained in the Charges exhibited against Colonel Rochfontaine. That the Colonel, in the paper he styles his Observations on the Charges does not deny the facts charged, but endeavours to shew that the Public sustained no injury. That this statement of the Colonel is particularly contradicted, by the evidence of George Fleming, whose situation qualified him to judge, being [undecipherable] at West Point, and the person who hired and pays the wagons employed for the works, under the care of the Garrison & the lt. Colonel Rochfontaine put the following ques- to you: think it would have been, for the interest of the U. States to have had the three horses returned to you, at the time of my arrival as public property, to be worked in the Garrison under your keeping and direction? The answer was: Yes, I think, it would have saved considerable money to the Public. That Courts of Inquiry, as established and regulated by the Appendix to the Rules and Articles, for the better government of the Troops, raised or to be raised, and kept in pay, beyond at the expense of the United States of America, proceed as solemnly, and under the same sanctions as Courts Martial. The members are sworn, and the oral testimony produced must be delivered under the obligation of an Oath. They differ materially from Courts of the same name, used in the armies of Great Britain, which may be applied to purposes, that those of this Country cannot, and which do not proceed under the obligation of an Oath, the members are not sworn, nor are the Witnesses produced before them sworn. That Lieut Col Stephen Rochfontaine, by the course he has pursued of [undecipherable] upon the testimony produced before the Court, might have availed himself of an opportunity of defence, under circumstances more advantageous to him, than a Trial before a Court Martial will admit of; for before a Court Martial, his observations would be observed upon, in reply, and strictly compared with the evidence — and not stand, as they now do. namely — The whole [undecipherable] the Charges [undecipherable] against him appear, upon solemn inquiry, and [undecipherable] which recommended — [undecipherable] against Lieut Col Stephen Rochfontaine. He therefore is subject to a Trial by a Court Martial — the assembling of which [undecipherable] the present situation of the army of the United States, would be detrimental to the service, inconvenient and expensive; or, he may at the pleasure of the President, be removed from his command, and his Commission recalled. The proceedings of the Court of Inquiry, and other documents are presented herewith. All which is respectfully Submitted James McHenry War Department 6^th April 1798.