[1794 Jun: 21] [undecipherable] [undecipherable] and this [undecipherable] [undecipherable] piece of the [undecipherable] open. the [undecipherable] said [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] [undecipherable] letters from the Sepa- D[undecipherable] g[undecipherable] [undecipherable] Superior Officers. 5 By the [undecipherable] of the latter [undecipherable] it appears, that Captain Henry [undecipherable] was [undecipherable] and since been [undecipherable] too [undecipherable] 4 Citizen, [undecipherable] being [undecipherable] to being put as Members of the Court and [undecipherable] [undecipherable] over not [undecipherable] their [undecipherable] by non[undecipherable] [undecipherable] appear [undecipherable] [undecipherable] [undecipherable] [undecipherable] and [undecipherable] last [undecipherable] [undecipherable] from all [undecipherable] [undecipherable]muel Brown who being [undecipherable] [undecipherable] with the sentence is transmitted, to advise [undecipherable] the President, in order, that he may di- rect the same, to be carried into execution, or otherwise, as he may judge proper. [undecipherable] Your [undecipherable] [undecipherable] [undecipherable] regarding [undecipherable] [undecipherable] General Court Martial, [undecipherable] for decision, and either being determined in the affirmative, it would seem, that the sentence of death [undecipherable] [undecipherable]muel Brown cannot be executed. viz. 1^st Can the Commandant of a Post or Garrison where, there are a sufficient number [undecipherable] to form a General Court Martial, as such order a General Court Martial? 2^d. [undecipherable] or do not, the Rules and Articles [undecipherable] make the Judge Advocate, his [undecipherable] some Person properly appointed, to act [undecipherable] advocate or Recorder, a p[undecipherable] [undecipherable] Martial; under [undecipherable] the [undecipherable] said Court, exhibit no Person [undecipherable] as Judge Advocate. [undecipherable] the proceedings [undecipherable] [undecipherable] are the proceedings [undecipherable] in Martial[undecipherable] by the [undecipherable] [undecipherable: probable reading "ricient"] of the Court only? The following questions from the [undecipherable], [undecipherable] [undecipherable] the observations [undecipherable] [undecipherable] that [undecipherable] [undecipherable] of the [undecipherable] [undecipherable] for the time being [undecipherable] all [undecipherable] full power. [undecipherable] pointing, General Courts Martial, also held not of pardoning, and mitigating, any of the punishments ordered to [undecipherable] the offences mentioned in, except the [undecipherable] of offenders, under the sentence [undecipherable] by a Ge- neral Court Martial, which [undecipherable] any order to [undecipherable] suspended until the Plea[undecipherable] of Congre[undecipherable] can be known 2^d. Articles of the Appendix - General Courts Ma- rtial, shall be ordered as often, on the same, [undecipherable] [undecipherable], by the General or Officer commanding the Troops & unless [undecipherable] excepting, certain sentences, from being ordered into [undecipherable], by him; [undecipherable] on, "all their sentences must be [undecipherable] [undecipherable] and executed, by the Officer [undecipherable] the Courts to [undecipherable], or the [undecipherable] [undecipherable] Officer for the time being." The above articles clearly vest the power [undecipherable] ordering, General Courts Martial, in the Continental General commanding in [undecipherable] [undecipherable], and again in the General or Officer commanding the Troops— but there were no [undecipherable] exclusively, the power [undecipherable] a General Officer or one commanding [undecipherable] [undecipherable] [undecipherable] into the [undecipherable] The following articles would [undecipherable] [undecipherable] [undecipherable] authority, of Officers commanding only, a [undecipherable] ment or Corps, and of those commanding Garrisons, into the [undecipherable] [undecipherable] Courts, superior to General [undecipherable] [undecipherable] Martial. Article appointing [undecipherable] [undecipherable] commanding [undecipherable] regiments or [undecipherable], [undecipherable] on his own regiment [undecipherable], Courts Martial, to commit [undecipherable] three commissioned Officers, for the trial of of- fences not [undecipherable] [undecipherable] [undecipherable] punishments and decide upon the sentences [undecipherable] the same purpose. Officers commanding, any of the Garrisons, Forts, Barracks, or other places, where the Troops cannot [undecipherable] [undecipherable] also, may [undecipherable] hold Courts Martial [undecipherable] [undecipherable] [undecipherable] commissioned Officers, and decide [undecipherable] [undecipherable] Sentences. [undecipherable] by implications and [undecipherable] the [undecipherable] is 25. (Article of the Appendix. The Commanding [undecipherable] [undecipherable] Officer in any Post or detachment, where there is [undecipherable] number of Officers [undecipherable] [undecipherable] [undecipherable] Court Martial, is [undecipherable] [undecipherable] any Post or detachment, in [undecipherable] [undecipherable] the number of Officers, adequate [undecipherable] [undecipherable] General Courts Martial, shall [undecipherable] [undecipherable] which require the conveyance of such a [undecipherable] a commanding Officer of the [undecipherable], who will order a Court, to be assembled, [undecipherable] [undecipherable], or detachments, under the duty assigned, [undecipherable] with [undecipherable], to [undecipherable] transported [undecipherable] [undecipherable], where [undecipherable] until Court shall have assembled. Those raise the two sides, that appear to [undecipherable] [undecipherable] to the 1^st Questions [undecipherable] [undecipherable] [undecipherable] their reply given to the Commanding Post or detachment, to order a General Court Ma- rtial, [undecipherable] it appears to be [undecipherable] properly denied, [undecipherable] [undecipherable] particularly on the [undecipherable] well, [undecipherable] some of the ablest, and most experi- enced think improperly, unless under [undecipherable] from the President, or General or commanding [undecipherable] the wrong. It has become extremely neces- [undecipherable] this Question should be finally settled. I now cite the Articles, with such observa- tions, [undecipherable] and relate to the 2^d [undecipherable] [undecipherable] that the Proceedings [undecipherable] [undecipherable] that any Person acting as [undecipherable] [undecipherable] Recorder, to the Military [undecipherable] [undecipherable] not [undecipherable] needed. [undecipherable] [undecipherable] to the appoint a Judge Advocate, [undecipherable] Officer appointed to Courts Martial. [undecipherable] 3^d. Article of the [undecipherable] [undecipherable] is hereby required [undecipherable] [undecipherable] [undecipherable] [undecipherable] which suits our [undecipherable] [undecipherable] office, that will act [undecipherable] makes it the exclusive [undecipherable] a Prison office [undecipherable] [undecipherable] proceedings of General [undecipherable] [undecipherable] there require him there [undecipherable] [undecipherable] in the [undecipherable] of the proceedings, during [undecipherable] [undecipherable] no other Person, is qualified [undecipherable] as the original proceedings [undecipherable] [undecipherable] is endeavours [undecipherable] the [undecipherable] [undecipherable] doing, [undecipherable] [undecipherable] sentence [undecipherable] [undecipherable] Article Appendix. The [undecipherable] [undecipherable] were incorporated [undecipherable] [undecipherable] [undecipherable] [undecipherable] the Prisoner, after the [undecipherable] [undecipherable] any member a member [undecipherable] Article [undecipherable] the fact [undecipherable] shall have been [undecipherable] the respective Members, the President of the Court shall administer to the [undecipherable] officiating, as such, [undecipherable] This Article is [undecipherable] Advocate the Officer [undecipherable] the Members and [undecipherable] be administered [undecipherable] the President or the Court. to him [undecipherable] the Judge [undecipherable] [undecipherable] the Prisoner, [undecipherable] [undecipherable] a right to the protection and [undecipherable] Office in the particular [undecipherable] mentioned [undecipherable] [undecipherable] in [undecipherable] which affects his life. 26^th Article of the Appendix [undecipherable] [undecipherable] dings of [undecipherable] Courts of Enquiry, must be authenticated by the [undecipherable] signature of the [undecipherable] and the President and delivered to the Com- manding Officer. The 4^th Article [undecipherable] makes the Judge Advocate or Recorder the proper Officer, to administer the the Oaths required to the members and afterwards directs that the President shall administer to the Judge Advocate or Recorder an Oath. From the whole of the Articles of War taken together it would seem a Judge Advocate or Recorder or some person properly appointed to act in that capacity was essential to all the Military Courts designated by the Articles.— We find him made the proper Officer to swear the members of the Court after which he is to keep himself [undecipherable] in the execution of his own duties. he is by two articles directed to transmit with expedition the original proceedings— he is to exercise certain duties in favour of prisoners— he is the Recorder of the proceedings and so being is the most proper person to authenticate them As the Prisoner under a Sentence of death is still in confinement and diversity of opinion exists respecting the authority to order General Courts Martial and the due constitution of all our Military Courts I request your opinion on the two questions presented as soon as your convenience will admit The above was written some