Questions of military strategy for the Attorney General
Document 1798Submits questions to the attorney general for consideration. In the event that an officer commanding American troops on the Mississippi receive word that French troops were ascending under a Spanish flag, should the officer permit them to pass through forts? Should he receive evidence that a hostile military force is approaching, may he move beyond national boundaries and attack, or wait until they arrive, under circumstances of disadvantages?
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[Confidential]
War Department 1 July 1798
The following questions important in their nature & consequences are submitted to your mature consideration, and answers requested as soon as possible. I shall [strikethrough: be] for the answers [strikethrough: expect them] in time to [strikethrough: answer] write to General Wilkinson by the first mail or Friday.
1. Should the Officer commanding the troops of the U.S. on the Mississippi receive advice through a confidential channel that a body of troops in the service of France are ascending the Mississippi under the Flag of Spain, and appearances should cause to verify the information shall he permit them to pass [strikethrough: our banks or forts,] [strikethrough: continue on their] course, and ascend the Mississippi.
2. Should he receive satisfactory evidence that a military force is approaching our limits by land in hostile array, may he avail himself of any favourable ground beyond the national bounds to attack and defeat them, or must he wait the attack within our limits under [strikethrough: any] circumstances of disadvantage?
You will have recourse of more justice to the offensive & defensive treaty between Spain France & chain, and to the laws & usages of nations in cases [strikethrough: of] [undecipherable: contestations] of [undecipherable] and the invasions.
I am Sir very rispfully
[Docketing, left margin:] Questions
to Charles Lee Esq
1 July 1798
Charles Lee Esq
Type
Draft Letter
Description
Submits questions to the attorney general for consideration. In the event that an officer commanding American troops on the Mississippi receive word that French troops were ascending under a Spanish flag, should the officer permit them to pass through forts? Should he receive evidence that a hostile military force is approaching, may he move beyond national boundaries and attack, or wait until they arrive, under circumstances of disadvantages?
Date
07/01/1798
Author
Recipient
Sent from
War Department
Repository
Collection
Document number
1798070100001
Page start
1
Note
Private
Notable persons
Charles Lee
James McHenry
Attorney General
James Wilkinson
troops
French
Spanish
military
Notable locations
Mississippi
France
Spain
forts

