[1799 Apr 4] War Department 4^th April 1799 Sir I again enclose the proceedings of a general court Martial held at Governors Island on Wednesday the 5^th of December 1798 by order of Captain Frederick Frye, the commandant of the post, by which court Samuel Brown a private Soldier was sentenced to death for desertion; that you may issue such orders as the case of the unfortunate soldier, and military usage requires; the President having [undecipherable] his approbation, or otherwise, of the sentence from a persuasion that the Court was illegal. 1^st [undecipherable] because Captain Frye had no authority to convene a general Court Martial. 2^nd because it does not appear that any person was appointed, or did act as Judge advocate upon the trial. The other sentences of this Court being supposed to have been [undecipherable] since acted upon, it is unnecessary to remark upon them. it would be advisable that officers generally were made acquainted with the [undecipherable] extent of their powers relative to military courts in every situation they may be placed. also the Proceedings of a general court Martial held at West Point on the 10^th day of [undecipherable] by order of Captain George [undecipherable] [undecipherable] [undecipherable] upon the [undecipherable] and [undecipherable] [undecipherable] Your will recollect that the [undecipherable] article of the appendix to the rules and articles of War [undecipherable] for [undecipherable] [undecipherable] [undecipherable] and [undecipherable] of general Courts Martial [undecipherable] [undecipherable] of [undecipherable] [undecipherable] preserved in his office [undecipherable] and that [undecipherable] thereto may be enabled, upon application to the said office, to obtain copies thereof. It will, therefore, be necessary you should return, when you have done with them, the proceedings Yr now enclosed. I have the honor to be, with the greatest respect [undecipherable] [undecipherable] James McHenry Major Gen^l A. Hamilton