[1799 Apr 3] War Department 3^d. April 1799 A Misunderstanding took place between Captain Van[ce] and M^r Simmons the accountant of the Department of War in the course of a conversation which passed between them relative to the settlement of a small claim, presented by the Captain, to M^r Simmons. The consequence was, some intemperate expressions were addressed by the Military Officer to a Civil Officer in [underline: the discharge] as was alleged, of his duties. Complaint being made, to the Secretary of War, Captain Vance was ordered into arrest, and the letter [strikethrough: exhibiting] the complaint referred to Major General Hamilton, for his ulterior orders General Hamilton ordered a General Court Martial, for the trial of[strikethrough: Captain] Vance, which Court acquitted the party tried and the General by a General order disapproved of the sentence of the Court, but released the Captain from his arrest Some short time after Captain Vance sent to M^r Simmons a letter, copy of which is submitted — This letter has been referred by the Accountant, to the Secretary of War who would consider himself, bound to protect as much as possible, one of the Officers of his Department, in the exercise of his Official duties — but the letter states a thing by the accountant, extraneous from and unconnected with his official duties, and purports to be substantiated by the information of an Officer of reputation — and the threat has not been denied by the accused Questions arise to which the Secretary requires answers: 1^st Whether the letter submitted is not predicated upon assumed facts and expressions, unconnected with Official duties. 2^d Whether any other, than an Officer of the Army, has a right strictly speaking, to resort to a Military Court, by the intervention even of a proper person, for redress, where the Civil law affords a remedy, and if the sentences of Military Courts could be pleaded to an action at law — in bar of [strikethrough: contention a civil action at law bond] — 3^d Whether the laws of the State of Pennsylvania, do not afford Sufficient redress in the case presented, if the letter submitted amounts to a Challenge 4^th Whether if the Civil law affords a remedy, the subject is, or ought to be, made cognizable, by a Military Court, before the Civil law, has pronounced its sentence. 5^th Whether under all circumstances, the President ought to be advised, in virtue of his plenary powers, to dismiss Captain Vance from the service of the United States, before a trial and sentence by a Civil or a Military Court