Opinions about 2 Military Court Cases
Document 1798Encloses warrants for two military courts: one a general court martial for Captain Thomas Lewis, the other a court of inquiry for Captain Edward Miller. Suggests a standardized procedure to request opinions of Commander in Chief and Major Generals. Outlines his own opinion on the two cases.
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War Department
18 Decr 1798
Sir
I inclose the warrants, for holding two military courts, one, a General Court Martial on Captain Thomas Lewis, the other, a court of Inquiry, on the conduct of Captain Edward Miller, together with the proceedings, sentence, and opinion of the court.
At a period, when the army is to be greatly augmented, it is desireable to establish, the best principles for its police; I was therefore induced to request the opinions, of the commander in chief, and Major generals, who were present, upon these cases, a copy of my letter to them, and their opinions, are also inclosed
My opinion on both cases, coincides with that of the General officers. Captain Lewis would have been wrong, in addressing a note, expressed in terms of his first one to Major Luting to any officer; and altho' the court could not do otherwise, than acquit him, of behaving in a manner, that was scandalous, and infamous, yet his neglect of the urbanity, and decorum becoming an officer, in the style he used induces me to suppose, the Presidents approval of the Sentence, should
should be qualified with a reprehension of his error.
Captain Millers former military services, character, and the large family dependant upon him, are mentioned in my letter to the Generals; his conduct cannot be justified; to pass it over might produce serious evils.
It is however necessary to represent, that it would be impracticable, at this time, on account of the dispersed situations, of the military, to convene a General court Martial, for his trial, in the western Country, where Captain Miller now is, with his command; and that unless ordered to the Natches on the Mississippi or Tenissee, it would be difficult, without injury to the service, to convene a full court of thirteen members, a competent number of whom, should be officers of experience and discretion.
I have the honour to be with the greatest respect Sir your obedient & hble servt.
James McHenry
John Adams, Er
President of the United States.
Type
Autograph Letter Signed
Description
Encloses warrants for two military courts: one a general court martial for Captain Thomas Lewis, the other a court of inquiry for Captain Edward Miller. Suggests a standardized procedure to request opinions of Commander in Chief and Major Generals. Outlines his own opinion on the two cases.
Date
12/18/1798
Author
Recipient
Sent from
War Department
Repository
Collection
Document number
1798121800201
Page start
1
Notable persons
John Adams
James McHenry
Thomas Lewis
Edward Miller
Major Cushing
Notable locations
War Department
Natchez Territory
Mississippi River

