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[Secretary at War
[undecipherable]
and 2 — Oct 27, 1799
Rec'd on the [undecipherable] Apr 19, 1799]
War Department
19th April 1799
Sir
I enclose the proceedings of a general Court martial held at Fort Sargent on the Missisippi on Thursday the 22nd day of November 1798 by order of Brigadier General Wilkinsons. At this court Andrew Anderson, a soldier, was tried on a charge of deserting his post, on the night of the 25th of October 1798, and aiding and assisting two prisoners to make their escape from confinement at Fort Sargent, when he was centinel and had charge of them, and losing his arms and accoutrements.
The prisoner plead guilty of deserting his post, going away with those that had been prisoners, and losing his arms and accoutrements, but not guilty of aiding and assisting the escape of the prisoners from the place of confinement.
After examining witnesses, in addition to the party's confession by his plea, the Court found him guilty of a breach of the first article of the sixth section of the rules and articles of War, and sentenced him to be hanged by the neck, to [underline: death], two thirds of the court concurring therein.
The proceedings and sentence of the Court which extends to the loss of life, are laid before you, agreeably to the [undecipherable] of an act passed the 3d of May 1796 entitled "an act to ascertain and fix the military establishment of the United States" for your direction to carry the same into execution, or otherwise, as you shall judge proper.
Well placed examples often have a very beneficial influence in military service, and, perhaps, the flagrancy, and complication of the crimes, of the object of reference, renders him as deserving of punishment as any that can offer.
I also enclose the proceedings and sentence of a general court martial held at Detroit by order of Lt Colonel Strong on the 22nd of August, and continued by adjournment until the 10th of September 1798. At this Court Casper Wright (supposed a soldier) and Sergeant Tisdale Atwood were severally tried on charges of desertion and sentenced to be shot to death.
Casper Wright plead guilty, and the Court appear to have immediately, without the examination of any witnesses proceeded to sentence him.
Sergeant Tisdale Atwood plead guilty of attempting to desert. The Court proceeded to the examination of witnesses and afterwards passed sentence.
In neither of the two latter cases do the proceedings of the court exhibit that two thirds of the Court concurred in the sentences, as appears to be indispensable by the 8th article of the appendix to the rules and articles of war.
In Sergeant Tisdale's case, the Court, in a legal view, were, perhaps, irregular in receiving a plea which does not go to the general issue.
A Lieutenant Colonel, as such, not even when invested with the command of a Detachment, or post, is not, according to the best opinions, by the rules and articles of war, empowered to order a general Court martial, and the proceedings exhibit no delegated authority given to him by general Wilkinsons for this purpose.
I have thought it proper to present the impressions upon my mind relative to the court at Detroit. The proceedings and sentences are, however presented for your final directions.
I enclose forms of pardon ready for your signature in all the cases now laid before you, and an order, or directions for carrying the sentence of the Court, in the case of Andrew Anderson to be carried into execution.
I have the honor to be, with the greatest respect, Sir, your most obedient, humble servt
James McHenry
John Adams
President of the United States
Proceedings of a General Court Martial [held]
on the 22 day of Augt 1798 by order of Lieut C[olonel]
Strong, of which Capt Sedgwick is President —
Lieutenant Tallman }
Lieut Rand }
Ensign Callender } Members
Ensign Whipple }
Lieut Lukens acting Judge advocate
The court being sworn entered upon the trial of Casper Wright, of the first Regiment charged with deserting on or about the 9 February last to which the prisoner pleads guilty —
The Court are of opinion that the prisoner is guilty of the charge preferred against him it being a breach of the 1. Art. of the 6. Sect. of the rules and Articles of War and do therefore sentence him to be Shot to Death Thos Sedgwick Capt. [President]
The Court Adjourned
Lukens Lieut
& Judge Advocate P.T.
Proceedings of a General Court Martial of Which Capt Sedgwick is President held at Detroit on the 22 Augt 1798 by order of Lieut Colonel Strong, and continued by adjournment untill the 10 Sept 1798 —
Lieut Tallman }
Lieut Rand }
Ensign Callender } Members
Ensign Whipple }
Lieut Lukens acting Judge advocate
The Court met and adjourned untill tomorrow at 10 o'clock —
The Court met agreeably to adjournment & proceeded to the trial of Sergeant Tisdale Atwood, of Capt Greaton's company — charged with desertion on the night of the 8. Inst. — To which he pleas guilty of attempting to desert —
Lieut Rand, on oath says, on the 8. Inst I was officer of police I went up to the Fort to get the watch word from Capt Greaton, he told me that he was suspicious that Sergt Atwood & others intended to desert. I told him that I would go and watch. I went outside of the ramparts between the fraise & pickets of the ditch, about ten o'clock I heard a whispering upon the [undecipherable: parapet] the conversation was about some clothes, some one answered that the clothes were over, as soon as the words pass'd the prisoner jump'd over the fraise & I caught him as he came down and put him in Confinement —
Corporal Tucker, being sworn says that he was in the ditch when Lt Rand, caught the prisoner, he ask'd him whether he (the prisoner) intended to make his escape, who answered that he did —
Question By the prisoner, Was he not very much intoxicated on the evening of the 8. Inst. last
Answer Yes —
Ques: By the prisoner, was I not frequently abused and imposed upon by Sergt Bernards, and a woman who lives with him —
Ans. Yes —
By the Court, How was he abused or imposed upon —
Ans. By using ill language —
Ques. By the Court, did you ever apply to either of the officers for redress —
Ans. Once for redress from the woman —
Ques. By the Court to Lieut Rand, did you answer from any part of the prisoner's conduct, that he was intoxicated —
Ans. He appeared to have been drinking but at the same time he knew very well what he was about —
The Court are of opinion that the prisoner is guilty of the charge exhibited against him it being a breach of the 1. Art. of the 6. Sect. of the rules and Articles of War and do —
Sentence him to be Shot to Death
Thos Sedgwick Capt.
& President
Lukens Lieut
& Acting Judge advocate
[Duplicate]
[Proceedings of a Court-Martial
held at Detroit 22d August
1798 — [undecipherable] Strong [undecipherable]
[undecipherable] of the Prisoner —
in his letter of [undecipherable]
1799 — rec'd 17. Apl —]