[report to the President respecting { Major Cushing & Cap. Lewes [undecipherable] . . 1798] letter to Major Cushing. Sir. War Department July 2. 1798 The public Service requiring your presence with the army, you will be pleased immediately to repair to the Head Quarters of Brigadier General Wilkinson at Fort Washington I am &c James McHenry Major Cushing requested of the Secy. of war a respite from this order, until he could receive certain papers and vouchers, which he expected from Pittsburg, and which he represented as necessary to enable him to settle some old commercial transactions at New York. This was granted. When the Secy. thought he was prepared to join his command, the affair between him and Cap Lewis took place which terminated in the arrest of Lewis, and a Court Martial. The Court Martial was ordered to be held at Philadelphia the 24 July 1800, and [strikethrough: undecipherable] after proceeding in the trial was defeated by the death of Cap. Mitchell, it having consisted of five members only. The lowest number authorized to hold a General court martial by the articles of war. A General Court Martial was again ordered at Trenton to consist of thirteen members, the highest number, if so many could attend. This court proceeded to sentence and acquitted Cap. Lewis. After the proceedings of the court Martial were returned to this office, the following letter was sent to Major Cushing. War Department 15 Nov. 1798 Sir. Brigadier General Wilkinson has requested me to hasten your return to the army, you will without delay conform yourself to my order of the 2^d day of July ultimo I am &c James McHenry The Secy. previous to this order had granted leave of absence to Cap. Lewis as follows. War Department 5 Nov. 1799 Sir I have received your letter dated Trenton the 2^d inst. requesting a furlough to visit your friends. The domestic occurrences stated, being truly of a distressing nature, induce me to grant the permission of absence you request. I am &c James McHenry Maj. Cushing some days after receiving his order, mentioned to the Secretary that he was preparing to obey it; but if he left Cap. Lewis on the ground who was [strikethrough: still] in Town, his character might suffer; and begged therefore that he might be permitted to remain until the sentence of the Court might be known. The Secretary who felt the delicate situation in which the Major stood thought it proper to grant his request.